Item I08 I8
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 11, 2024
Agenda Item Number: I8
2023-3363
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland
N/A
AGENDA ITEM WORDING: Approval of updated Minimum Standards for Commercial
Aeronautical Activities at the Florida Keys Marathon International Airport to foster, encourage,
promote and develop commercial aeronautical activities at the Airport.
ITEM BACKGROUND:
The Airport desires to have the BOCC adopt Minimum Standards for Commercial Aeronautical
Activities at the Airport that promote safety and security in all airport activities, enhance the availability
of high-quality aeronautical services for airport users,promote the orderly development of airport
property for aeronautical activities, and provide a fair and reasonable opportunity to all on-airport
commercial aeronautical operators to offer their services.
PREVIOUS RELEVANT BOCC ACTION:
On August 1, 1990 the BOCC adopted Resolution No. 374-1990 to revise the Minimum Standards for
Commercial Aeronautical activities by Fixed Base Operators and Other Aeronautical Service Providers
at Monroe County Airports. On February 21, 2024, the BOCC adopted updated minimum standards for
the Key West International Airport.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MTH Minimum tadards.pdf
2661
FINANCIAL IMPACT:
TOTAL COST: $0
Effective Date: O1/01/2025
Expiration Date: None unless cancelled or amended
2662
Effective Date: January 1, 2025
Florida Keys Marathon International Airport
Minimum Standards for
Commercial Aeronautical Activities
Richard Strickland
Executive Director of Airports
2663
TABLE OF CONTENTS
SECTION ITEM PAGE
SECTION 1. INTRODUCTION............................................................................................................ 1
SECTION 2. DEFINITIONS................................................................................................................. 2
SECTION 3. GENERAL POLICIES....................................................................................................... 6
SECTION 4. APPLICATIONS FOR AGREEMENTS............................................................................. 12
SECTION 5. GENERAL REQUIREMENTS......................................................................................... 18
SECTION 6. FIXED BASE OPERATOR (FBO) .................................................................................... 26
SECTION 7. SPECIALIZED AVIATION SERVICE OPERATOR (SASO) ................................................. 31
2664
SECTION 1. INTRODUCTION
Monroe County, Florida, as owner and operator of the Florida Keys Marathon International
Airport, adopts through its Board of County Commissioners these Minimum Standards for
Commercial Aeronautical Activities to foster, encourage, promote and develop Commercial
Aeronautical Activities at the Airport, while:
• Promoting safety and security in all Airport activities;
• Enhancing the availability of high-quality aeronautical services for Airport users;
• Promoting the orderly development of Airport property for Aeronautical Activities;
and
• Providing a fair and reasonable opportunity to all on-Airport Commercial Aeronautical
Operators to offer their services.
Capitalized terms used in these Minimum Standards shall have the meanings assigned to them in
Section 2 hereof. In promulgating these Minimum Standards, the County intends to provide
Commercial Aeronautical Operators access to the Airport on fair and reasonable terms without
granting any exclusive right and without unjustly discriminating against potential Commercial
Aeronautical Operators seeking available Airport facilities to furnish Aeronautical Activities.
The Minimum Standards shall take effect upon their adoption by the BOCC and shall become
binding upon any prospective or actual Commercial Aeronautical Operator that thereafter enters
into, amends, or otherwise modifies its Agreement with the County or otherwise begins to
conduct a Commercial Aeronautical Activity at the Airport. The Minimum Standards shall not
bind a Commercial Aeronautical Operator with respect to a Commercial Aeronautical Activity
that the Commercial Aeronautical Operator conducts pursuant to an Agreement entered into
with the County prior to the adoption of the Minimum Standards unless such Agreement
provides that the Commercial Aeronautical Operator shall be subject to new or amended
minimum standards that the County might adopt after the Agreement's effective date.
All Commercial Aeronautical Operators subject to these Minimum Standards are also subject to
any amendments or updates thereto that the County may adopt from time to time. Every
Commercial Aeronautical Operator, regardless of the status of its Agreement with the County,
must comply with the Rules and Regulations and with all Applicable Laws. No current or
prospective Commercial Aeronautical Operator may inhibit the County from complying with the
terms of any Applicable Law.
These Minimum Standards will be administered by the Executive Director of Airports.
i
2665
SECTION 2. DEFINITIONS
2.1 Terms used in these Minimum Standards are defined below. Words relating to
aeronautical practices, processes and equipment will be construed according to their
general usage in the aviation industry, unless a different meaning is apparent from the
context or specifically defined otherwise. All other words not defined in these Minimum
Standards will be construed in accordance with their definitions, if any, in the Rules and
Regulations or given their common literal meaning.
A. Aeronautical Activity means any activity that involves, makes possible, or is
required for the operation of Aircraft or that contributes to or is required for the
safety of such operations. Aeronautical Activities do not include any operation,
commercial or otherwise, not directly related to the operation of Aircraft (e.g.,
restaurant, hotel, rental car, newsstand, and other concessions, and taxi and
limousine services).
B. Agreement means a written lease or other contract, enforceable under Applicable
Law and executed by all parties thereto, between the Airport and a Commercial
Aeronautical Operator that transfers a right or interest in land or Improvements or
authorizes the conduct of an activity.
C. Air Charter means an operator licensed by the FAA to provide air transportation
of persons or property for hire on a charter basis or as an air taxi operator on a
scheduled, nonscheduled, or on-demand basis as defined and regulated by the
FAA. This term specifically includes, but is not limited to, operators certificated by
the FAA under 14 C.F.R. Part 135 or regulated under 14 C.F.R. Part 380.
D. Air Tour Service means the provision of passenger-carrying tour flights operating
pursuant to 14 C.F.R. § 91.147.
E. Aircraft means any contrivance designed, invented or used for powered or
nonpowered flight in the air. For the purpose of this definition, Ultralights are not
included.
F. Airport means the Florida Keys Marathon International Airport, including all of the
areas, buildings, facilities, and improvements within the interior boundaries of that
airport, as that airport now exists or may hereafter be modified.
G. Executive Director of Airports means the Executive Director of Airports for the
County. The term "Executive Director of Airports" also includes the Executive
Director of Airports' designee except where the Minimum Standards expressly
state otherwise or where context clearly indicates that the term applies only to
the Executive Director of Airports individually.
2
2666
H. Applicable Laws means all federal, state, and local laws, regulations, ordinances,
orders, mandates, and other authorities, including but not limited to the
regulations and guidance of the FAA or the Transportation Security Administration,
that apply to the Airport or a given Airport user.
I. Applicant means a Person who submits an application to provide one or more
Commercial Aeronautical Activities at the Airport.
J. Avionics Sales and Service means the repair, sale, or service of Aircraft avionics,
radios, instruments, and other accessories, not to include airframe or powerplant
maintenance.
K. BOCC means the Monroe County Board of County Commissioners.
L. Commercial Aeronautical Activity means an Aeronautical Activity conducted for
compensation, hire, or other pecuniary gain, excluding air carrier operations
regulated pursuant to 14 C.F.R. part 121 or otherwise subject to the preemptive
effect of the Federal Airline Deregulation Act.
M. Commercial Aeronautical Operator (or CAO) means a Person who offers one or
more Commercial Aeronautical Activities. CAOs include Fixed Base Operators and
Specialized Aviation Service Operators.
N. Core Services means those Aeronautical Activities that a Fixed Base Operator must
provide to aeronautical users of the Airport, whether directly or through contract
with a SASO. The Core Services are described in Section 6 of these Minimum
Standards.
O. County means Monroe County, Florida, acting by and through the BOCC or the
Executive Director of Airports.
P. FAA means the Federal Aviation Administration.
Q. Fixed Base Operator(or FBO) means a Commercial Aeronautical Operator granted
the right by the County through an Agreement to provide Fuel Service and other
aeronautical services on the Airport subject, without limitation, to the terms and
conditions of these Minimum Standards.
R. Fuel Service means the sale, handling, storage, dispensation, and transportation
of Aircraft fuel, including but not limited to aviation gasoline and Jet A fuel;
provided,that Fuel Service shall not include (a)the handling, storage, dispensation
or transportation of fuel by an Aircraft operator exercising such operator's federal
right to self-fueling or (b) the delivery of Aircraft fuel by a supplier not based on
the Airport to a Fixed Base Operator.
3
2667
S. Governmental Entity means each and every governmental authority, agency,
bureau, department, quasi-governmental entity, or other entity or instrumentality
having or claiming jurisdiction over the Airport, including the federal government
of the United States, the Florida state government, the County, the City of
Marathon, and any subdivisions and municipalities of any such governments, and
all other applicable governmental authorities and subdivisions thereof.
T. Improvement means one of the buildings, structures, additions, or facilities,
including but not limited to pavement, fencing, and landscaping, constructed,
installed, or placed on, under, or above any land on the Airport.
U. Miscellaneous Activity means a Commercial Aeronautical Activity that, due to its
infrequency at the Airport or for other reasons, does not reasonably permit or
justify the establishment of specific minimum standards.
V. Minimum Standards means these Minimum Standards for Commercial
Aeronautical Activities as supplemented or amended from time to time.
W. Package Service means a Commercial Aeronautical Activity in which the CAO
transports mail and packages between an Aircraft at the Airport and a point
outside the Airport, whether directly or through one or more intermediate stop(s)
at facilities, or other Aircraft, on the Airport.
X. Person means any individual, firm, partnership, corporation, company, limited
liability company,association,joint stock association,Governmental Entity or body
politic, including any such entity's trustee, receiver, committee, assignee,
employee or other representative.
Y. Public Service Hours means,with respect to the Airport or a particular Commercial
Aeronautical Operator, the hours during which the Airport or that Commercial
Aeronautical Operator, respectively, is open to the public.
Z. Rules and Regulations means the Rules and Regulations for the Airport, as
adopted by the County and as may be amended from time to time.
AA. Specialized Aviation Service Operator (or SASO) means a Commercial
Aeronautical Operator that offers one or more Aeronautical Activities but does not
provide Fuel Service.
BB. Statement of Interest means a written statement from an Applicant to the
Executive Director of Airports that satisfies the provisions of subsection 4.2 of the
Minimum Standards.
CC. Through-the-Fence (or TTF) Operation means the movement of an Aircraft by
ground across the fence line of the Airport or the provision of a Commercial
Aeronautical Activity by a Person who does not lease space on the Airport or hold
4
2668
an agreement with an FBO or SASO to provide such services within that FBO's or
SASO's on-Airport facilities.
DD. Ultralight means a vehicle that meets the definition of"ultralight vehicle" set forth
in 14 C.F.R. § 103.1.
EE. Variance means a conditional grant of a modification to one or more requirements
of the Minimum Standards, for only a temporary period, to address unique facts
or hardships.
FF. Waiver means the conditional grant of a complete or partial exemption from one
or more requirements of the Minimum Standards.
5
2669
SECTION 3. GENERAL POLICIES
3.1 General.
A. These Minimum Standards are adopted by the Board of County Commissioners of
Monroe County, Florida.
B. No Person may conduct a Commercial Aeronautical Activity on the Airport without
(a)first entering into an Agreement that expressly authorizes such Person to do so
and (b) continuously abiding by the Minimum Standards, Rules and Regulations
and all Applicable Laws.
C. In addition to the Minimum Standards, all Persons on or using the Airport are
subject to all applicable provisions of Applicable Law and of the Rules and
Regulations.
D. The privilege of using the Airport, including but not limited to any of the facilities
or Improvements thereon, is subject to the Airport user's assumption of full
responsibility and risk for any such use. The County reserves the right to assert
immunity from liability in connection with its operation of the Airport, including
but not limited to the right to assert sovereign immunity, and to assert any other
defenses available to it under Applicable Law.
E. These Minimum Standards cancel and supersede all minimum standards
governing the use of the Airport adopted prior to the effective date of these
Minimum Standards.
F. The invalidation of any particular minimum standard or other requirement, term,
or condition of these Minimum Standards shall not impair the validity of the
remainder of the Minimum Standards.
G. Except as provided in the Minimum Standards, an Agreement, a Policy, Standard
Procedure, or Operating Directive issued by the Executive Director of Airports, or
a requirement of the Federal Aviation Administration, the standards and
requirements of the Minimum Standards set forth herein are minimums, which a
Commercial Aeronautical Operator may exceed.
3.2 Application of the Minimum Standards.
A. The Minimum Standardsare effective upon adoption bythe Countyand shall apply
to:
1. Any new Agreement entered into after the effective date of these
Minimum Standards;
6
2670
2. Any Agreement in force on the effective date of these Minimum Standards,
to the fullest extent permissible under the terms and conditions of such
Agreement;
3. Any amendment to an existing Agreement entered into after the effective
date of these Minimum Standards;
4. Any Commercial Aeronautical Operator not subject to an Agreement,
except as provided in subsection 3.2(C); and
5. The County in any instance in which the County elects to provide a
Commercial Aeronautical Activity on the Airport, except when the County
invokes, expressly or by its actions, its proprietary exclusive right to be the
sole provider of an aeronautical service at the Airport.
B. The BOCC may amend the Minimum Standards from time to time in its sole
discretion, and such amended Minimum Standards shall apply to the same extent
as the Minimum Standards prior to such amendment.
C. The Minimum Standards shall not apply to the following Persons:
1. A flight instructor occasionally accessing the Airport for the limited
purpose of picking up or dropping off a student pilot, or conducting flight
training, in an Aircraft that is not based at the Airport, unless, in the
Executive Director of Airports' reasonable judgment, the flight instructor is
making regular or frequent use of the Airport;
2. An FAA-designated pilot examiner providing a check ride;
3. An Aircraft manufacturer, Aircraft parts provider, or Aircraft maintenance
provider, only to the extent that such manufacturer or provider is providing
service or parts at the specific request of an Aircraft owner or operator
pursuant to a bona fide emergency request or to a "rapid response" or
similar program to provide service or maintenance at a remote location;
and
4. Self-servicing or self-fueling by an Airport tenant to the extent permitted
by the Rules and Regulations.
3.3 Prohibited Activities.
A. Through-the-Fence Operations.
Except as may be expressly provided by the County and authorized by the FAA,
Through-the-Fence Operations are expressly forbidden. Through-the-Fence
Operations can adversely affect the ability of the Airport to sustain itself financially,
7
2671
can cause unfair competitive injury to on-Airport CAOs, and can undermine the
County's control over the Airport.
B. Cross-Ownership.
Each CAO must promptly inform the County if it holds or controls, directly or
indirectly, any ownership, voting, management, or debt interest (actual or
contingent) in any other on-Airport CAO. Consistent with the County's obligation
to avoid granting exclusive rights, no Person may hold or control any of the
aforementioned interests in more than one on-Airport CAO absent the prior
express written consent of the County.
C. Subleasing Non-Commercial Space.
No Person may conduct a Commercial Aeronautical Activity as a lessee or
sublessee of Airport property that is leased or designated for non-commercial use.
D. Fuel Service by non-FBOs.
Only those Persons meeting all of the Minimum Standards' requirements to
operate as an FBO may provide Fuel Service on the Airport.
3.4 Waivers and Variances.
A. Overview.
1. As a general matter, the County expects all CAOs to comply fully with the
Minimum Standards. The County recognizes that there may sometimes
only be one CAO that is willing and able to provide a certain Commercial
Aeronautical Activity at the Airport that would benefit the Airport's
aeronautical users. In the unusual circumstance that such a CAO cannot
practicably provide such Commercial Aeronautical Activity in strict
compliance with all of the Minimum Standards, the County may determine
that the benefit to the Airport and its aeronautical users of obtaining such
service justifies a Waiver or Variance of the Minimum Standards. The
intent of a Waiver or Variance is to make feasible a beneficial Commercial
Aeronautical Activity at the Airport when the County reasonably
determines that a CAO would not, in the reasonably near future, provide
such Commercial Aeronautical Activity without the Waiver or Variance.
2. In no event shall the County permit one CAO to exercise or benefit from a
Waiver or Variance that is not provided to a similarly situated CAO, or
where such a Waiver or Variance would have the effect of creating an
impermissible exclusive right or causing unjust discrimination among
CAOs. As such, the County reserves the right to revise or rescind any
Waiver or Variance, including but not limited to situations in which a
s
2672
second CAO offers to provide a Commercial Aeronautical Activity at the
Airport without requiring the Waiver or Variance.
B. Waiver.
1. The County may issue a Waiver for all or any portion of the Minimum
Standards for the benefit of any Governmental Entity providing public or
emergency services, including but not limited to law enforcement, disaster
relief, search and rescue, fire management, and firefighting.
2. In other instances, the County may approve a Waiver upon finding that all
of the following conditions are satisfied:
a. The CAO seeking the Waiver will be the only CAO on the Airport
providing a particular product, service, or facility as of the effective
date of its Agreement;
b. The Waiver is necessary to alleviate the CAO's financial burden of
initiating or expanding the provision of the Commercial
Aeronautical Activity subject to the Waiver; and
C. The Waiver will not materially undermine the CAO's provision of
high-quality products, services, and facilities to Airport users.
3. Under extraordinary circumstances, the County may grant a Waiver to a
CAO that cannot satisfy either paragraph 3.4(A)(1) or 3.4(A)(2), provided
that the County determines that such a Waiver:
a. Is in the interest of Airport users generally;
b. Does not create an impermissible exclusive right; and
C. Is otherwise fair and equitable, and not unjustly discriminatory, to
any other CAO on the Airport.
4. The County may revoke a Waiver if it reasonably determines that:
a. The continued grant of such Waiver poses a substantial risk of
giving rise to an exclusive right or of unjustly discriminating against
any CAC; or
b. Another CAO proposes to provide the Commercial Aeronautical
Activity that is subject to the Waiver without requiring such Waiver.
9
2673
C. Variance.
1. The County may approve a Variance of the Minimum Standards upon
finding that each of the following conditions is satisfied:
a. An extraordinary circumstance exists that makes the application of
the Minimum Standards unduly burdensome to the subject
Commercial Aeronautical Operator(s);
b. The Variance is narrowly tailored to address that extraordinary
circumstance;
C. The CAO seeking the variance has agreed to come into full
compliance with the Minimum Standards within a specific,
reasonable timeframe set and enforceable by the County;
d. The Variance will not grant the CAO requesting it an unjustly
discriminatory competitive advantage over any other on-Airport
CAO; and
e. The County finds that the Variance will not materially adversely
affect the CAO's provision of high-quality products, services, and
facilities to Airport users.
2. The County may revoke a Variance if it reasonably determines that:
a. The continued grant of such Variance poses a substantial risk of
giving rise to an exclusive right or of unjustly discriminating against
any CAO; or
b. Another CAO proposes to provide the Commercial Aeronautical
Activity subject to the Variance without requiring such Variance.
D. Limitations on Waivers and Variances.
Any Waiver or Variance approved by the County:
1. Shall apply only to the specific Commercial Aeronautical Operator
requesting it;
2. Shall have no precedential effect on the grant of a Waiver or Variance
under circumstances that may arise under other circumstances at the
Airport; and
io
2674
3. Shall create no right for the Commercial Aeronautical Operator receiving
the Waiver or Variance to extend the duration or expand the scope of such
Waiver or Variance or to receive any other Waiver or Variance in the future.
E. Additive and Conflicting Standards.
1. Except as otherwise expressly stated in the Minimum Standards, each CAO
must meet all of the requirements of the Minimum Standards that apply
to each Commercial Aeronautical Activity that such CAO conducts.
2. In the event that a CAO is subject to conflicting requirements under the
Minimum Standards, the CAO must satisfy the highest or most demanding
such requirement, as the Executive Director of Airports may determine in
his or her reasonable discretion.
3. If a requirement of the Minimum Standards conflicts with a term of a CAO's
Agreement, such term in the Agreement shall govern, provided that,
subject to subsections 3.2 and 3.4(F), no Agreement may apply a standard
less stringent than a comparable requirement in the Minimum Standards
unless the County has granted a Waiver or Variance or an accommodation
pursuant to subsections 3.4(B) or (C).
F. Accommodations.
1. The Executive Director of Airports may, in his or her reasonable discretion,
permit a CAO conducting multiple Commercial Aeronautical Activities to
satisfy a requirement that is less stringent than the sum of the
requirements of these Minimum Standards that are generally applicable to
each Commercial Aeronautical Activity that the CAO wishes to offer,
provided that the County finds that such less-stringent requirement:
a. Will not materially adversely affect the CAO's provision of high-
quality products, services, and facilities to Airport users; and
b. Will not grant the CAO requesting it an unjustly discriminatory
competitive advantage over any other on-Airport CAO.
2. No accommodation granted pursuant to this subsection 3.4(F) shall
constitute either a Waiver or a Variance.
2675
SECTION 4. APPLICATIONS FOR AGREEMENTS
4.1 General.
A. Except as provided by paragraph 7.12(A) below, any Person wishing to offer a
Commercial Aeronautical Activity on the Airport shall first enter into an Agreement
with the County to do so. This Section 4 states the general requirements to obtain
such an Agreement.
B. To obtain an Agreement, a Person must first submit an application to the Executive
Director of Airports. If such Person is a corporation or other organization, the
application shall be signed and submitted by an individual who owns an interest in
that corporation or organization, is designated to manage the CAO should the
County approve the application, is a partner in the organization if such entity is a
partnership, or serves as an officer, director, member, or principal of the applicant
organization.
C. If the Executive Director of Airports determines that the application is complete,
then the Executive Director of Airports shall present the application to the BOCC,
which shall have authority and discretion to approve or deny the application,
subject to Applicable Laws and the requirements of the Minimum Standards.
D. A CAO operating on the Airport as of the date of adoption of these Minimum
Standards is not required to submit a Statement of Interest or an application to
the County to provide Commercial Aeronautical Activities it currently offers on the
Airport, provided that:
1. The CAO shall submit an application in order to provide any additional
Commercial Aeronautical Activities not being provided before the adoption
of these Minimum Standards; and
2. A CAO providing a Commercial Aeronautical Activity without an Agreement
must promptly obtain an Agreement and may be barred from the Airport
until it enters into an Agreement with the County.
4.2 Statement of Interest.
The County will not accept an application to provide a Commercial Aeronautical Activity
until the Applicant submits a Statement of Interest in writing to the Executive Director of
Airports that provides:
A. A general description of the nature and scope of the Commercial Aeronautical
Activity(ies) proposed to be provided by the Applicant, including the general area
of the Airport in which the Applicant proposes to conduct such Commercial
Aeronautical Activity(ies); and
12
2676
B. The names of both the Applicant and its principal(s) and their physical and email
addresses and telephone numbers.
4.3 Procurement Invitation.
Following receipt of a Statement of Interest, or upon its own initiative, the County may
issue a request for proposals or qualifications to provide a Commercial Aeronautical
Activity or otherwise select a CAO to provide such Commercial Aeronautical Activity
through an open and competitive process. Subject to Applicable Laws, in the interest of
promoting competition and avoiding the risk of granting an exclusive right, the County
may, in its discretion, prohibit an existing CAO on the Airport from applying to provide any
additional Commercial Aeronautical Activity.
4.4 Application.
Each application to provide a Commercial Aeronautical Activity on the Airport shall be in
the form prescribed by the Executive Director of Airports. Such application shall include
the following information, provided that the Executive Director of Airports may require
alternative or additional information:
A. The names of the Applicant and all of its principals, if any, and the physical and
email addresses and telephone number of the Applicant or a principal point of
contact;
B. A comprehensive description of the scope of the Commercial Aeronautical
Activity(ies) proposed to be provided by the Applicant;
C. The date on which the Applicant proposes to commence the proposed Commercial
Aeronautical Activity(ies);
D. A map or diagram, to scale, depicting:
1. The size, location, and specifications of any building(s) or other
Improvements that the Applicant proposes to construct or lease on the
Airport;
2. The estimated cost of (a) constructing or leasing and (b) furnishing and
equipping such building(s) or Improvements; and
3. The Applicant's proposed method of financing such construction or leasing
and furnishing.
E. With respect to the real property on the Airport that the Applicant seeks to lease
from the County or to sublease from another Airport tenant, the name of the
Person who currently leases such property, if known;
13
2677
F. The name(s)and qualifications of the key personnel whom the Applicant proposes
to operate the CAC, including but not necessarily limited to the president or
general manager and any employee of the CAO acting in a lead or supervisory
capacity;
G. A statement of past experience related to the Commercial Aeronautical
Activity(ies) that the Applicant proposes to provide on the Airport. Without
limitation, that statement must list the name, telephone number, and email
address of the principal of, or official point of contact for, each airport proprietor,
employer, and business partner at or with whom each of the Applicant's principals
worked, and for each landlord from whom any of the Applicant's principals leased
space, with respect to the general kind or class of Commercial Aeronautical
Activity(ies) that the Applicant proposes to provide on the Airport. By listing such
persons, the Applicant affirmatively authorizes the Executive Director of Airports
to contact such persons;
H. Copies of all certifications and authorizations from the FAA or another
Governmental Entity necessary to perform the proposed Commercial Aeronautical
Activity(ies) in accordance with Applicable Law, or demonstration, satisfactory to
the County, that the Applicant can obtain such certifications or authorizations
reasonably promptly;
I. The specific types and amounts of insurance that the Applicant proposes to obtain
for its proposed Commercial Aeronautical Activity(ies), provided that such
insurance must satisfy the requirements of the Minimum Standards;
J. Names and financial statements, satisfactory to the County, of the Applicant and
of any proposed guarantor(s) of the Agreement for the previous five (5) years;
K. Identification of any bankruptcies that the Applicant or any of its principals have
entered into or been subject to within the previous seven (7) years;
L. Copies of any proposed safety and emergency response plans that the County may
require;
M. Disclosure whether the Applicant or any Person holding or controlling, directly or
indirectly, any ownership, voting, management, or debt interest (actual or
contingent) therein holds any ownership, voting, management or debt interest
(actual or contingent) in any other Applicant or existing Airport tenant; and
N. If the Applicant proposes to conduct any construction on the Airport:
1. A certification that the Applicant has submitted FAA Form 7460-1, Notice
of Proposed Construction or Alteration, as the FAA may amend or
14
2678
supersede such form, if FAA regulation or policy requires the Applicant to
submit such form;
2. A copy of such submitted Form 7460-1, as amended, if any, and a copy of
any determination that the FAA has made with respect to such submission;
and
3. A certification that the Applicant will comply with any such FAA
determination.
4.5 Additional Information.
In addition to the materials required of an Applicant under subsection 4.4, the County
may further require an Applicant to submit, as part of its application:
A. A current financial statement for the Applicant's principal(s);
B. A current credit report for the Applicant or its principal(s); and
C. A written authorization to the FAA and all aviation or aeronautical agencies of all
states in which the Applicant or its principal(s) have conducted Commercial
Aeronautical Activities to supply the County with all information in their files
related to the Applicant or its principals to the maximum extent permissible under
Applicable Law. The Applicant shall further execute any forms, releases, or
discharges that the FAA or any such state agency may require to release the
requested information to the County.
4.6 The County may, upon review of the materials provided by the Applicant pursuant to
subsections 4.4 and 4.5, require the Applicant to supplement such materials if the County
reasonably deems such supplementary information necessary to responsibly evaluate the
application.
4.7 Review of Application.
A. The County shall not act on an application to provide a Commercial Aeronautical
Activity until it has received all of the materials required under subsection 4.4 and
any materials it has requested pursuant to subsections 4.5 and 4.6.
B. To obtain an Agreement, an Applicant must satisfy the County that such Applicant
has:
1. The managerial, technical, and operational competence and experience to
perform its proposed Commercial Aeronautical Activity(ies) in a safe, high-
quality, and legally compliant manner;
15
2679
2. The financial responsibility and technical ability to provide the facilities and
Commercial Aeronautical Activity(ies) proposed without requiring financial
or technical assistance from the County, and to meet its obligations to the
County; and
3. The capability to consistently provide its proposed Commercial
Aeronautical Activity(ies) in a manner that serves the best interest of the
Airport's aeronautical users generally.
C. In evaluating whether an Applicant satisfies the criteria of subsection 4.7(B), the
County may consider the contents of the application, and any additional, reliable
information that the County may obtain with respect to the Applicant or its
principal(s), to assess the following factors and determine whether:
1. Safety and Efficiency. The Applicant's proposed operations or construction
would impair the safe and efficient operation of the Airport.
2. Competence and Experience. The Applicant has the competence,
qualifications and experience to provide the proposed Commercial
Aeronautical Activity(ies) in a consistently reliable manner.
3. County Expenditure. Granting the application would foreseeably require
the County to expend Airport revenue or other public funds, or to supply
labor or materials in relation to the Applicant's proposed construction or
Commercial Aeronautical Activity.
4. Availability, The Airport has available space that is appropriate and
adequate to accommodate the Applicant's proposed Commercial
Aeronautical Activity(ies) or construction work at the time the Applicant
proposes or could foreseeably commence such Commercial Aeronautical
Activity(ies) or work.
5. Compliance with Airport Layout Plan or Airport Master Plan. The
Applicant's proposed Commercial Aeronautical Activity(ies) or
construction are consistent with the Airport Layout Plan or Airport Master
Plan for the Airport.
6. Misrepresentation. The Applicant or any Person submitting an application
to provide Commercial Aeronautical Activity(ies) on its behalf has,
intentionally or unintentionally, misrepresented or failed to disclose any
material fact in that application or in the documents in support thereof.
7. History of Violations. The Applicant or any of its principal(s) has a record
of violating the Minimum Standards or Rules and Regulations of the Airport
or of any other airport.
16
2680
8. Lack of Authority. The Applicant lacks any authorization, certification,
license, or permit required by the FAA or by another Governmental Entity
to conduct any of the Commercial Aeronautical Activities, other business
operations, construction, or development that it proposes to conduct in its
application, and the Applicant fails to satisfy the County that it will obtain
all such authorizations, certifications, licenses and permits prior to its
proposed commencement of such Commercial Aeronautical Activities,
operations, construction, or development.
9. Defaulted Performance. The Applicant, any of its principal(s), or any of its
guarantor(s) has defaulted in the performance of any Agreement with the
County or at another airport.
10. Lack of Finances. The Applicant does not appear to have, or have access
to, the finances necessary to conduct its proposed Commercial
Aeronautical Activities, development, or construction for a period of at
least six months.
11. Undue Risk. The Applicant or any of its principal(s) has been convicted of
any crime, has charges pending for any crime, or is the subject of any court
order, and the County reasonably believes that such conviction, pending
charges, or court order indicate that the Applicant or principal(s) poses an
undue safety, security, financial, or compliance risk to the County, the
Airport, or Airport tenants or users.
12. FAA Determination. The FAA has determined that any construction or
development proposed by the Applicant on or about the Airport would
constitute an obstruction or hazard to air navigation.
13. County's Obligations. Approving the application would foreseeably place
the County in violation of any Applicable Laws.
17
2681
SECTION 5. GENERAL REQUIREMENTS
5.1 Introduction.
The following requirements are applicable to all Commercial Aeronautical Operators
engaged in any Commercial Aeronautical Activity at the Airport. Additional requirements
specific to FBOs and SASOs are set forth in Section 6 and Section 7, respectively.
5.2 Agreement.
A. A CAO must obtain an Agreement prior to providing any Commercial Aeronautical
Activity on the Airport. Upon approving an Applicant's application to provide a
Commercial Aeronautical Activity(ies), the County shall prepare an Agreement
that sets forth the terms and conditions under which the Applicant may conduct
such Commercial Aeronautical Activity(ies).
B. The Agreement shall state the terms and conditions under which the Commercial
Aeronautical Operator shall be permitted to do business on the Airport, including
but not limited to the term of the Agreement, the applicable rentals, fees or
charges, the rights, privileges, and obligations of the respective parties to the
Agreement, and other relevant provisions.
C. The County may set the term of an Agreement based upon, among other factors,
the degree of investment that the CAO proposes to make in its operations at, and
in facilities on, the Airport,the remaining value of any Improvements that the CAO
will lease pursuant to and through the term of the Agreement, and any applicable
requirements of Applicable Law.
D. Each Agreement shall require the CAO to indemnify, hold harmless, and defend
the County for claims arising from its Commercial Aeronautical Activity(ies) and
other actions on or relating to the Airport, its performance or non-performance of
the Agreement, or the acts or omissions of itself (including its principals, agents,
representatives, assigns, contractors, successors, and other associated parties) or
its invitees.
E. Each Agreement shall incorporate the Minimum Standards and Rules and
Regulations by reference.
F. Each Agreement shall include:
1. All provisions required by the FAA as a condition of the County's eligibility
to receive federal grant funds; and
2. A provision subordinating such Agreement to the County's federal
obligations, including the conditions of any grant agreement between the
County and the United States relative to the operation of the Airport.
18
2682
G. Title to any Improvements leased or constructed by a CAO shall vest in the County
upon expiration or termination of that CAO's Agreement, unless the Agreement
expressly states otherwise.
5.3 Security for Payment.
A. Each CAO entering into an Agreement shall provide the County, on or before the
effective date of the Agreement, an irrevocable letter of credit, acceptable to the
County, in an amount equal to the estimate of three months' rent, fees, and
charges payable by the CAO under the Agreement. Such letter of credit shall
guarantee the faithful performance by the CAO of its obligations under the
Agreement and the payment of all rent, fees, tax assessments, and charges due
under the Agreement (the "Payment Security"). Except as provided in the
following sentence, the CAO shall be obligated to maintain such Payment Security
at all times during the Agreement term. Any release of the CAO's obligation to the
letter of credit is conditioned on the satisfactory performance of all terms,
conditions, and covenants contained in the Agreement for no less than 4
consecutive years.
B. In the event that the County reasonably determines that it must draw down or
collect against the CAO's Payment Security for any reason, the CAO will, within
fifteen (15)days after such drawdown or collection,take such action as is necessary
to replenish the existing Payment Security to an amount equal to three months'
estimated rent, fees, and charges or provide additional or supplemental Payment
Security from another source so that the aggregate of all Payment Security is equal
to three months' estimated rent, fees, and charges payable to the County by the
CAO under the Agreement.
5.4 Termination of Agreement.
The grounds upon which the County may terminate an Agreement shall include, without
limitation, the CAO's:
A. Failure to remain current in the payment of all rents, fees, charges, pass-through
expenses, and other sums due and owing to the County, or, if permitted by the
County,to pay any such sum that is late or delinquent, and any interest or late fees
required by the County, within the period set by the Agreement or otherwise
authorized in writing by the County;
B. Failure to remain in compliance with the Minimum Standards or the Rules and
Regulations, subject to any applicable cure periods specified in the Agreement or
in the Rules and Regulations; or
19
2683
C. Breach of any other material term or condition of the Agreement and failure to
remedy such breach in the manner and timeframe for which the Agreement
permits such a remedy, if any.
5.5 Emergency Suspension of Operations.
A. If,at anytime,the Executive Director of Airports determines that a CAO is engaging
in activity that poses an imminent safety threat to the Airport or to any Person,
the Executive Director of Airports may immediately suspend any or all operations
of the CAO on the Airport.The Executive Director of Airports may require the CAO
to cure such threat and provide evidence satisfactory to the Executive Director of
Airports that it has done so, and that such threat will not recur, before the
Executive Director of Airports authorizes the CAO to resume the suspended
operations.
B. If the Executive Director of Airports reasonably determines that a CAO has failed
to cure a threat described in subsection 5.5(A) above in a timely manner, the
County may terminate the CAO's Agreement.
5.6 Airport Use Fees.
Each CAO shall timely pay any applicable fees, rates, or charges specified, expressly or by
reference, in its Agreement for use of the Airport.
5.7 Insurance.
A. Each CAO shall procure and maintain, at its sole expense, insurance of the types
and in the minimum limits determined by the County for each type of Commercial
Aeronautical Activity that the CAO offers.
B. The County reserves the right to adjust such insurance limits from time to time as
it reasonably deems appropriate, provided that required insurance shall be
available on reasonable commercial terms in the Airport's regional insurance
market to CAOs that provide the pertinent Commercial Aeronautical Activity and
pose an ordinary risk profile for CAOs providing such Commercial Aeronautical
Activity.
C. Each year, the CAO shall deliver, or cause to be delivered,to the Executive Director
of Airports copies of all certificates of insurance, in a form satisfactory to the
Executive Director of Airports and from an insurer licensed to do business in the
State of Florida, that the CAO has obtained in relation to its Commercial
Aeronautical Activities and other operations on the Airport. Such certificates must
be valid, must name the County as an additional insured (except with respect to
worker's compensation), and must be signed by an authorized representative of
the insurer.
20
2684
D. In requiring each CAO to obtain insurance, the County in no way:
1. Assumes any liability for injury or damage occurring on or in connection
with the Airport;
2. Represents or guarantees that such insurance coverage is adequate to
protect the CAO's interests or liabilities, or to cover any claim that might
arise; or
3. Prohibits the CAO from obtaining greater insurance coverage than the
Minimum Standards or Agreement require, and any insurance coverage
carried by the CAO in excess of these requirements shall nevertheless
name the County as an additional insured.
5.8 Fee Disclosure.
Each CAO shall publicly disclose, in a readily accessible manner, any and all rents, fees,
prices, and charges that it assesses Airport Users to use its services, which shall be
reasonable and not unjustly discriminatory.
5.9 Compliance with Applicable Laws.
A. Notwithstanding any other provision of the Minimum Standards or any
Agreement, each CAO must comply with all Applicable Laws, and other
requirements applicable to its operations, including but not limited to:
1. All applicable FAA regulations, orders, and directives;
2. All applicable regulations, orders and directives of the Transportation
Security Administration;
3. All applicable environmental laws;
4. The lawful orders and directions of law-enforcement officers; and
5. The County's policies and orders pursuant to its General Aviation Security
Plan.
B. Each CAO must ensure that its employees, vendors, contractors, agents, and
invitees also comply with the requirements summarized in subsection 5.9(A).
5.10 Compliance with Licenses, Permits, Certifications, and Ratings.
The CAO shall procure and maintain, during the term of the Agreement and during any
other period during which it conducts any Commercial Aeronautical Activity(ies),
permitted or otherwise, on the Airport, all licenses, permits and other similar
21
2685
authorizations applicable to the CAO that the Executive Director of Airports or any
Governmental Entity may require the CAO to procure and maintain in order to provide its
Commercial Aeronautical Activity(ies).
5.11 Facilities, Maintenance, and Equipment.
A. Except as otherwise expressly stated in the Minimum Standards, each CAO shall
lease from the County, or enter into a written sublease or other agreement with
another on-Airport CAO for the use of, an area or facility at the Airport of adequate
and appropriate size, shape, and location to safely, efficiently, and professionally
provide the CAO's Commercial Aeronautical Activity(ies) on the Airport.
B. Each CAO shall ensure that all of the structures it constructs, develops, or leases
meet applicable building and fire codes and are consistent with the Airport Layout
Plan, the Airport Master Plan, and the requirements of 14 C.F.R. Part 77.
C. Except as provided in the Minimum Standards or the CAO's Agreement, each CAO
is responsible for all maintenance, repair, and replacement of the Airport facilities
that it is authorized to use unless another CAO has assumed responsibility for such
maintenance, repair, or replacement.
D. Unless the CAO's Agreement provides otherwise:
1. The County shall be responsible for structural and external repairs (except
for repairs to windows and hangar doors) of County-owned Airport
facilities; all other maintenance of facilities on the Airport, including repair
of windows and hangar doors at County-owned Airport facilities, shall be
the responsibility of the CAO leasing such facility.
2. Each CAO shall be responsible for trash removal, sewage, grass-mowing,
landscape maintenance (including weed removal), wildlife control, utility-
line maintenance, and pavement maintenance within such CAO's leased
premises on the Airport, including the set-back areas around the CAO's
leased or used structures.
3. Each CAO shall be responsible for all utilities and utility-connection
requirements, permits, and payments necessary for the operation of, or in
support of, the CAO's operations.
4. No CAO may pile or store crates, boxes, barrels, containers, refuse, or
surplus property on its leased or used premises or elsewhere on the
Airport.
5. Each CAO shall maintain all of its leased premises on the Airport in a clean
and sanitary condition and, at the expiration of the term of its Agreement,
22
2686
shall return said premises to the County in that condition, reasonable wear
and tear excepted.
6. Each CAO shall ensure the safe and sanitary handling and disposal, away
from the Airport, of all trash, waste, and other materials utilized in its
Commercial Aeronautical Activity(ies), including but not limited to used oil,
solvents, lavatory-cart contents, and other waste.
E. Neither a CAO nor any of its contractors may undertake construction until:
1. It submits detailed plans and specifications of such architectural designs
and construction to the County and the County approves them; and
2. It submits all municipal and County permits required by Applicable Law or
by the Agreement to the County for review.
F. All vehicles operating at the Airport and operators thereof, including any operated
by a CAO or its contractor(s), shall obtain the permits required under the Rules and
Regulations and shall comply with all applicable federal training requirements, FAA
and TSA requirements, and provisions of the Rules and Regulations governing
vehicles and traffic.
5.12 Parking.
Each CAO must ensure that it has a sufficient number of motor vehicle parking spaces
available and readily accessible to accommodate those of its personnel and customers
who desire to park at the Airport. A CAO may ensure such availability and accessibility by
leasing parking spaces directly from the County, if any are available; from another CAC,
with the County's prior written approval; or by other means. Due to the Airport's
geography, parking at the Airport is constrained, so it is imperative that each CAO ensure
sufficient parking for its personnel and customers.
5.13 Personnel.
A. Each CAO shall provide a list of contacts to the Executive Director of Airports,
including at least one telephone number through which the Executive Director of
Airports may reach a manager or owner of the CAC. For FBCs and CACs that
provide airframe or powerplant maintenance (see Section 7.7) or ground handling
(see Section 7.9),such CAO or owner must be reachable by that telephone number
24 hours per day, seven days a week. For all other CAOs, such manager or owner
must be reachable by that telephone number between 8:00 a.m. and 6:00 p.m.,
Airport local time, Monday through Friday, as well as any other time during which
the CAO is open for business. Each CAO shall update such list whenever any
change occurs to the contacts contained within it.
23
2687
B. Each CAO is responsible for the conduct and demeanor of its personnel, agents,
subcontractors, and subtenants.
5.14 Notice and Reporting.
A. Each CAO shall keep current, in good standing, and available for inspection by the
County all permits, licenses, certifications and ratings that the CAC, its employees,
or its contractors are required to maintain by any Governmental Entity to conduct
the CAC's Commercial Aeronautical Activities.
B. Each CAO shall submit to the Executive Director of Airports a certificate of
insurance for any Aircraft the CAO brings onto the Airport to conduct any
Commercial Aeronautical Activity. The CAO shall submit to the Executive Director
of Airports all such certificates of insurance for an Aircraft within forty-eight (48)
hours after bringing such Aircraft onto the Airport. This paragraph shall not apply
to a flight instructor bringing a particular student's Aircraft onto the Airport solely
for the purpose of providing flight instruction to that student, provided that the
flight instructor removes the Aircraft from the Airport following each lesson.
5.15 Subcontracting, Subleasing and Assignment.
A. No CAO may sublease, assign, or subcontract any of its Commercial Aeronautical
Activities on the Airport, or any Agreement pertaining thereto, except as provided
herein or without the County's prior written approval to do so.
B. No CAO may subcontract all or substantially all of its Commercial Aeronautical
Activities on the Airport absent extraordinary circumstances and prior written
approval from the County. This paragraph does not apply to a CAC's contractual
relationship with individual independent contractors or temporary employees of
the CAO.
C. A CAO may sublease space to another CAO to perform one or more Commercial
Aeronautical Activities, provided that the sublessor CAO must first obtain the
express written consent of the County to sublease, which consent the County may
grant or withhold in its sole discretion. As a condition of granting such consent,
the County may require that, at a minimum, the appropriate CAC(s) or its
sublessee(s), as applicable, satisfy the following conditions:
1. Each sublessee enters into an Agreement with the County;
2. The sublessor CAO carries insurance for its sublessee or provides a
certificate of insurance which shows the sublessee and the County as
additional insured, in amounts commensurate with the activities
conducted by the sublessee and compliant with all applicable insurance
requirements specified in the Minimum Standards; and
24
2688
3. No Person may conduct a Commercial Aeronautical Activity as a lessee or
sublessee of Airport property that is leased or designated for a non-
commercial use, including, for example, and without limitation, a hangar
leased for private, non-commercial use.
D. The County may, in its sole discretion, provide express written consent for a CAO
to assign its rights under an Agreement, subject to the Rules and Regulations and
to these Minimum Standards. Prior to granting consent for any assignment, the
County may require the prospective assignee to complete an application pursuant
to Section 4 or to provide similar information. The County may reject the request
to assign the Agreement based on the factors enumerated in subsection 4.7(C) or
for any other reason.
5.16 Proprietary Exclusive.
A. The County may elect to provide any lawful Aeronautical Activity at the Airport.
B. Should the County exercise its proprietary right to be the sole provider of a
particular Commercial Aeronautical Activity on the Airport, then the County shall
not be subject to the Minimum Standards with respect to that Commercial
Aeronautical Activity. The County shall use only its own personnel to provide any
such proprietary exclusive Commercial Aeronautical Activity.
C. Should the County elect to provide a Commercial Aeronautical Activity while
permitting one or more CAOs to provide the same such Commercial Aeronautical
Activity, then the County shall comply with all applicable provisions of sections 3,
5, 6, and 7 of the Minimum Standards with respect to providing such Commercial
Aeronautical Activity.
25
2689
SECTION 6. FIXED BASE OPERATOR (FBO)
6.1 All FBOs will be subject to the following:
A. Core Services.
The Core Services listed below must be performed by the FBO either directly or
through an agreement approved in advance in writing by the County:
1. Fuel Service, including, without limitation:
a. The sale and the dispensation into Aircraft of aviation gasoline
(including but not limited to 10OLL and unleaded aviation gasoline),
jet fuel, and Aircraft oils and lubricants of kinds customarily sold, all
in sufficient quantity and with sufficient ratings, grades, and quality
to meet the foreseeable demand therefor by the operators of the
Aircraft that use the Airport; and
b. Operation of a fuel farm facility that meets the fuel-farm capacity
requirements set forth in section 6.1(C)and is sufficient to store the
aviation gasoline and jet fuel that the FBO is required to sell and
dispense pursuant to paragraph 6.1(A)(1)(a).
2. Tie-down and common-use hangar storage for general aviation Aircraft. T-
Hangars are not permitted to satisfy this requirement.
3. Tie-down services, including, but not limited to:
a. Ramp parking and tie-down assistance, including ramp personnel
and vehicles of sufficient quantity to readily assist Aircraft
operators without substantial delay except in extraordinary
circumstances;
b. Tie-down ropes, chains and anchors;
C. Aircraft-towing services utilizing motor-driven drawbar vehicles
capable of moving single- and multi-engine Aircraft weighing up to
60,000 pounds;
d. Mobile electrical ground power assistance with a minimum 14/28
volt, 1,600 ampere surge capacity; and
e. Cabin cleaning, including on-board toilet cleaning, and catering
services.
26
2690
4. Emergency service to disabled general aviation Aircraft on the Airport,
including towing and transporting disabled Aircraft, at the request of the
owner or operator of the Aircraft or the Executive Director of Airports, for
Aircraft with a gross weight up to 60,000 pounds.
5. Flight planning and flight services facilities equipped with direct telephone
communication to an FAA flight service station, local navigation charts,
flight planning materials and weather information available during Public
Service Hours for Airport patrons.
6. A customer waiting area of sufficient size to meet the requirements of
section 6.1(C) below and to accommodate the FBO's foreseeable customer
demand. Such waiting area shall feature comfortable, attractive, and well-
maintained furniture, wireless-Internet service, beverages and snacks for
free or for purchase, water, and clean, functioning restrooms for
customers' use.
7. Free, courtesy ground transportation to carry FBO customers between the
Airport and destinations within the City of Marathon, Florida.
8. Using either an FAA-certificated mechanic or a maintenance provider
certificated by the FAA pursuant to 14 C.F.R. Part 145, airframe and
powerplant maintenance, repair, and servicing of Aircraft of the types that
make regular use of the Airport.
9. Maintenance of adequate inventory of the necessary Aircraft parts and
accessories to maintain, repair and service the Aircraft specified in
paragraph 6.1(A)(8).
B. Optional Services.
An FBO may further, at its discretion, perform the following services directly or
through a contractor:
1. The sale of new or used Aircraft.
2. The operation of non-scheduled, air taxi, air ambulance and charter
transportation of passengers, cargo or mail, provided that:
a. An FBO offering non-scheduled air charter services for passengers,
cargo, or mail, including air ambulance services, shall conduct such
activities in accordance with all applicable Federal Aviation
Regulations; and
b. An FBO offering non-scheduled air charter services for transporting
passengers will also provide services and equipment for servicing
27
2691
passengers and for handling freight, luggage and ticketing and will
make available ground transportation for transient patrons.
3. The operation of specialized commercial flying services such as aerial
survey, photography, sightseeing and mapping services.
4. The operation of specialized Aircraft repair services such as radio, propeller,
instrument, and accessory repairs.
5. The sale of convenience foods, amenities, and beverages, to include any
and all catering services, incidental to FBO activities and Aircraft
operations.
6. The sale of merchandise incidental to FBO activities.
C. Minimum Facility Requirements.
The minimum facility requirements for each FBO shall total a minimum leased
square footage of no less than 350,000 square feet, and shall include the
following:
Total Hangar space(in square
feet(sf)) 12,500
Maintenance parts and shop Hangar space no less than 1,000 sf with sufficient supporting parts and shop
space space to house any Aircraft upon which service is being performed
Office space(either separate or adjoining), of not less than 2,000 sf,
adequate to house an office, pilot's lounge,telephone and public restroom
Office Space facilities, line service area, customer service counter,flight planning area,
lobby with adequate seating for passengers, break and vending areas, and
conference room to meet reasonable demand
Tie Downs 30
250,000 square feet of leased space to accommodate required tie downs;
Paved Ramp sufficient area to unload based or owned aircraft, area to accommodate
servicing transient aircraft.
A minimum of 20 vehicle parking spaces, including spaces sufficient to satisfy
Public Parking the accessibility requirements of the Americans with Disabilities Act and
meet any other requirements of Applicable Laws
Jet A Fuel Farm (gallons) 20,000
Avgas Fuel Farm (gallons) 8,000
D. Prior Experience.
The general manager of an FBO must have sufficient experience or training, at
least in line with industry standards, in the operation or management of an FBO.
28
2692
E. Public Service Hours.
1. The FBO shall provide the Commercial Aeronautical Activities listed in
paragraphs 6.1(A)(1) through 6.1(A)(7) seven (7) days a week, twelve (12)
hours a day, between 7:00 AM and 7:00 PM. The County may grant
exceptions to those minimum hours at its reasonable discretion. At all
other times, one FBO employee must be available, on call, who will
respond on-site, if necessary, to customer inquiries and Airport concerns
within one hour or less.
2. The FBO shall provide the Commercial Aeronautical Activities listed in
paragraphs 6.1(A)(8) through 6.1(A)(9) each Monday through Friday, eight
(8) hours a day, between 9:00 AM and 5:00 PM, except as the County may
otherwise approve. At all other times, one FBO employee must be
available, on call, who will respond on-site, if necessary, to customer
inquiries and Airport concerns within one hour or less.
F. Minimum Management and Staffing Standards.
1. The activities of an FBO shall be supervised by a full-time, on-site general
manager who shall be responsible for the FBO adhering to these Minimum
Standards.
2. The FBO shall provide, at a minimum, sufficient staff to fill the following
key positions:
a. General manager;
b. Line service supervisor; and
C. Maintenance manager.
The general manager and line-service manager shall be direct employees
of the FBO, while the maintenance manager may be either a direct
employee or an employee of a CAO with which the FBO contracts to
provide Aircraft maintenance.
3. All FBO staff shall be trained and qualified to perform the duties for which
they are employed and shall hold any certifications or authorizations
required by Applicable Law to perform their duties.
4. All FBO staff shall wear uniforms and protective clothing and equipment,
as appropriate or as required by Applicable Law.
5. Additional minimum management and staffing standards may be specified
individually in an Agreement.
29
2693
G. Self-Service Permissions.
1. Subject to the conditions of paragraphs 6.1(G)(2) through 6.1(G)(6), each
FBO shall permit the operator of anygeneral aviation Aircraft to self-service
that Aircraft on the FBO's ramp, and to taxi and park that Aircraft on that
ramp for the purpose of doing so.
2. No FBO may charge any fee for the parking or self-service described in
paragraph 6.1(G)(1) or require the operator of a general aviation Aircraft
to purchase any fuel, other goods, or services in order to park or self-
service pursuant to paragraph 6.1(G)(1).
3. Each FBO is required to accommodate the self-service of a general aviation
Aircraft pursuant to paragraph 6.1(G)(1) only to the extent that:
a. The Aircraft's operator informs the FBO of its intent to self-service
the Aircraft on the FBO's ramp prior to taxiing onto that ramp;
b. Such Aircraft's operator performs such self-service using the
operator's own employees (or the operator itself);
C. Such self-service complies with all Applicable Laws and all
applicable provisions of the Rules and Regulations, including but
not limited to provisions of the Rules and Regulations concerning
fueling, fuel handling, and fuel storage; and
d. Such self-service occurs within ten feet of the Aircraft.
4. No FBO is required to permit a self-servicing Aircraft operator to use the
FBO's equipment to conduct self-service.
5. No FBO is required to permit a self-servicing Aircraft operator to park its
Aircraft on the FBO's ramp for longer than reasonably necessary to conduct
self-servicing.
6. If an FBO lacks sufficient ramp space to accommodate all general aviation
Aircraft operators who wish to conduct self-servicing on the FBO's ramp at
a given time, the FBO shall prioritize access for general aviation Aircraft
operators who need to perform emergency self-service on their general
aviation Aircraft.
7. Each FBO shall maintain at least one Aircraft parking position on its ramp,
suitable for Aircraft self-service, to accommodate such self-service
pursuant to paragraph 6.1(G)(1).
30
2694
SECTION 7. SPECIALIZED AVIATION SERVICE OPERATOR (SASO)
7.1 In addition to complying with all other applicable provisions of the Minimum Standards,
each SASO shall comply with those provisions of this Section 7 that apply to each
Commercial Aeronautical Activity that the SASO offers.
No SASO may provide Fuel Service on the Airport.
7.2 Air Charter.
A CAO may offer Air Charter services subject to the following requirements:
A. Personnel.
At all times when its Air Charter service is open for business, the CAO shall employ
and have on duty or reasonably available personnel who are sufficiently qualified,
and who hold all licenses and permits required by Applicable Law, to provide all
necessary aspects of the Air Charter service and other customer service. Such
personnel shall include, without limitation, an FAA-certified commercial pilot who
has the instrument rating for each Aircraft that the CAO uses for Air Charter
operations and who holds all necessary legal authorization to conduct Air Charter
operations.
B. Land and Improvements.
Each CAO offering Air Charter service shall construct, lease, sublease, or have a
written agreement to use an area providing sufficient tie-down or hangar space to
accommodate all Aircraft that such CAO intends to base at the Airport and
providing sufficient office and passenger accommodations space for the CAO's Air
Charter business.
C. Services and Equipment.
Each CAO providing Air Charter service shall provide the following in sufficient
quantities to reliably provide the Air Charter services it offers:
1. Properly certificated Aircraft meeting all requirements of the operating
certificates held. All such Aircraft shall be owned by, or by written
agreement be leased to, the CAO conducting the Air Charter service.
2. Properly certificated and qualified crew to operate the Aircraft to be used
for the provided Air Charter service.
3. Ground service equipment that the Executive Director of Airports
determines to be necessary to perform the provided Air Charter service.
31
2695
4. Passenger lounge and restroom facilities, which may be shared in common
with other CAOs, subject to approval by the Executive Director of Airports.
5. Adequate table, desk, or counter space for checking in passengers,
handling ticketing or fare collection, and handling luggage.
D. Certifications.
Each CAO offering Air Charter service shall hold any FAA certificate(s) required to
operate its services, be fully registered with the FAA and any other Governmental
Entity requiring such registration, and hold ratings appropriate to, and licensing
for, the Air Charter functions to be performed.
7.3 Air Tour Service.
A CAO may offer Air Tour Service subject to the following requirements:
A. Personnel.
At all times when its Air Tour Service is open for business, the CAO shall employ
and have on duty personnel sufficiently qualified to provide all necessary aspects
of the Air Tour Service and any other necessary customer service. Such personnel
shall include, without limitation, an FAA-certified commercial pilot for each
Aircraft that the CAO uses for Air Tour Service and who is authorized to conduct
Air Tour Service operations.
B. Land and Improvements.
Each CAO offering Air Tour Service shall construct, lease, or sublease an area
sufficient to accommodate the Air Tour Service's customers and to accommodate
all Aircraft that such CAO intends to base or operate at the Airport.
C. Services and Equipment.
Each CAO providing Air Tour Service shall provide the following in sufficient
quantities to reliably provide the services it offers:
1. Properly certificated Aircraft meeting all requirements of the certificates
held. All such Aircraft shall be owned by, or by written agreement leased
to, the CAO conducting the Air Tour Service.
2. Properly certificated and qualified crew to operate the Aircraft to be used
for the offered Air Tour Service.
3. Ground service equipment that the Executive Director of Airports
determines to be necessary to perform the offered Air Tour Service.
32
2696
4. Passenger lounge and restroom facilities, which may be shared in common
with other CAOs, subject to approval by the Executive Director of Airports.
5. Adequate table, desk, or counter space for customer service, checking in
passengers and handling ticketing or fare collection.
D. Certifications.
1. Each CAO offering Air Tour Service shall hold a valid FAA letter of
authorization authorizing such CAO to conduct commercial air tour
operations under 14 C.F.R. § 91.147, hold any other authorizations
required by the FAA or the U.S. Department of Transportation to provide
an Air Tour Service, be fully registered with the FAA and any other
Governmental Entity requiring such registration, and hold all ratings
appropriate to, and licensing for, the Air Tour Service functions to be
performed.
2. Each CAO offering Air Tour Service shall at all times comply with all of the
requirements and restrictions of its FAA letter of authorization and of any
other authorization of a Governmental Entity required under Applicable
Law to conduct Air Tour Service.
7.4 Aircraft Rental.
A CAO may offer Aircraft for rent subject to the following requirements:
A. Personnel.
Each CAO offering Aircraft for rent shall employ and have on duty personnel
sufficiently qualified to conduct Aircraft rentals and provide other necessary
customer service.
B. Land and Improvements.
Each CAO offering Aircraft for rent shall construct, lease, or sublease an area
providing sufficient office space and sufficient space to safely accommodate all of
the Aircraft that the CAO intends to offer for rent, including at least one Aircraft.
C. Service and Equipment.
1. Each CAO offering Aircraft for rent shall own or have under a written lease,
and have available to rent to Persons with an appropriate and current pilot
certificate, at least one Aircraft. That Aircraft must comply with all
Applicable Laws, including but not limited to those regulations
promulgated by the FAA, and such Aircraft shall be airworthy, currently
registered with the FAA, and suitably maintained and certificated.
33
2697
2. Each CAO offering Aircraft for rent shall further provide:
a. Sufficient facilities for maintenance and service of each such
Aircraft, or have an agreement with one or more CAOs that provide
such maintenance and service on the Airport to conduct such
maintenance and service on the Aircraft that the CAO offers for
rent; and
b. Onboard each such Aircraft, all checklists required by Applicable
Law, or by the Aircraft's manufacturer, for such Aircraft.
7.5 Aircraft Sales.
A CAO may offer Aircraft for sale subject to the following requirements:
A. Personnel.
Each CAO offering to sell new or used Aircraft shall employ and have on duty an
authorized agent to transact sales who maintains current any and all regulatorily
required credentials to conduct such sales, and provide services commonly
incidental to Aircraft sales, to prospective Aircraft buyers and sellers.
B. Land and Improvements.
Each CAO offering to sell new or used Aircraft shall construct, lease, or sublease
an area providing office space sufficient for its business and an amount of paved
area or hangar space on the Airport sufficient to safely accommodate Aircraft to
be offered for sale.
C. Service and Equipment.
It will be at the discretion of each CAO wishing to sell new or used Aircraft whether
to be an authorized factory dealer for any manufacturer(s) and which, if any,
manufacturer(s) such CAO chooses to represent.
7.6 Avionics Sales and Service.
A CAO may offer Avionics Sales and Service subject to the following requirements:
A. Personnel.
Each CAO offering Avionics Sales and Service shall employ and have on duty
personnel sufficiently qualified to perform such Avionics Sales and Service and
other necessary customer service. All personnel servicing Aircraft must hold all
applicable certificates and ratings required by 14 C.F.R. parts 65 or 145 to perform
such work.
34
2698
B. Land and Improvements.
Each CAO offering Avionics Sales and Service shall construct, lease, or sublease an
area providing hangar space sufficient to conduct its business in a safe, orderly,
and lawful manner and sufficient office space to provide necessary customer
service.
C. Service and Equipment.
Each CAO offering Avionics Sales and Service shall provide for the sale and repair
of new or used Aircraft avionics, radios, instruments, and accessories, provide the
necessary tools, supplies, and equipment to provide such services, and hold all
appropriate FAA certificates for the sale, service, or installation of the equipment
the CAO offers to sell, service, or install.
7.7 Airframe and Powerplant Maintenance and Accessories Sales.
A CAO may offer Aircraft engine and airframe maintenance, including maintenance of
aircraft accessories, and sales of Aircraft engine or airframe accessories subject to the
following requirements:
A. Personnel.
Each CAO offering Aircraft engine and airframe maintenance shall provide at least
one FAA-certificated airframe and powerplant mechanic available eight (8) hours
per day, five (5) days per week and on call by readily accessible means at other
hours during the day or night, or at such hours as may be specified by the County.
B. Land and Improvements.
Each CAO offering Aircraft engine and airframe maintenance shall construct, lease,
or sublease an area providing a minimum of 10,000 square feet of hangar space
and sufficient office space to provide maintenance services.
C. Services and Equipment.
Each CAO offering aircraft engine and airframe maintenance shall provide:
1. Sufficient inside or outside space for Aircraft awaiting maintenance or
awaiting delivery after maintenance is complete.
2. Adequate tools and equipment to perform maintenance and adequate
shop space to house that equipment.
3. Facilities for washing and cleaning Aircraft if the CAO offers such services.
35
2699
7.8 Flight Training.
A CAO may offer flight training or instruction subject to the following requirements:
A. Personnel.
Each CAO offering flight training shall make available to customers personnel who,
collectively, are properly certified by the FAA to provide each type of flight training
that the CAO offers.
B. Land and Improvements
Each CAO offering flight training shall construct, lease, or sublease an area
providing a minimum of one tie-down or hangar ramp space and sufficient office
and instructional space to instruct its customers and perform its on-Airport
business, provided that all such space (tie-down or hangar space and office and
instructional space) shall be sufficient to allow flight instructors to properly
instruct the number of student pilots that the CAO instructs.
C. Services and Equipment.
Each CAO offering flight training shall provide:
1. At least one properly certified Aircraft equipped for flight instruction, and
such additional types of Aircraft as required to give flight instruction of the
kind(s) advertised.
2. Sufficient office and classroom space for students, proper restroom and
seating facilities, and a student service counter.
3. Sufficient facilities for storing, parking, servicing, and repairing all of the
CAO's Aircraft, or have an agreement with one or more CAOs to provide
such services, provided that each such CAO agreeing to provide such
services must be licensed, or otherwise permitted, by the County to
provide such services on the Airport.
7.9 Hangar-Keeping.
A CAO may offer hangar space for rent or lease for the storage of Aircraft subject to the
following requirements:
A. Personnel.
At all times when open for business, the CAO shall employ and have on duty
personnel sufficiently qualified to rent and lease hangar space to Aircraft owners
and perform any necessary customer service.
36
2700
B. Land and Improvements.
Each CAO offering hangar space for rent or lease shall construct, lease, or sublease
a hangar area adequate for Aircraft storage and sufficient office space for its
hangar-keeping business.
C. Services and Equipment.
Each CAO offering hangar space for rent or lease shall:
1. Ensure that its hangar facilities accord with applicable Airport plans and
specifications approved by the County.
2. Require all of its hangar tenants to obtain, priorto commencing occupancy,
an agreement with the CAO that, in the County's opinion, sufficiently
indemnifies the County and provides for sufficient insurance. The CAO
must obtain the Executive Director of Airports' written approval of the
CAO's standard sublease form prior to offering hangar space for rent or
lease.
3. Ensure that its hangar tenants perform no maintenance within their
respectively rented or leased hangars other than:
a. Hangar tenants performing preventive maintenance on their own
Aircraft, utilizing their own employees, to the extent permitted in
14 C.F.R. § 43.7 (federal regulations regarding the specific persons
authorized to approve Aircraft or component parts for return to
service after maintenance, rebuilding, or alteration); and
b. Other Aircraft maintenance permitted by the FAA's Policy on the
Non-Aeronautical Use of Airport Hangars(the "Hangar Use Policy"),
as the Hangar Use Policy may be amended.
4. Ensure that hangar space is used for aeronautical purposes and that,to the
extent that non-aeronautical items are stored in a hangar, such storage is
consistent with the Hangar Use Policy or has otherwise been approved by
the FAA.
7.10 Miscellaneous Activities.
A. Miscellaneous Activities include but are not limited to:
1. Aerial agriculture spraying (i.e., crop-dusting);
2. Aerial photography, mapping, or surveying;
37
2701
3. Aerial firefighting;
4. Air ambulance and medical-evacuation services;
5. Aircraft painting;
6. Aircraft upholstery services; and
7. Powerline or pipeline inspection or patrol.
B. This subsection 7.10 only applies to those CAOs which, in the sole reasonable
opinion of the Executive Director of Airports, regularly or frequently conduct one
or more Miscellaneous Activities at the Airport.
C. Each CAO offering or conducting a Miscellaneous Activity is subject to all
applicable requirements of sections 1, 3, 4, and 5 of the Minimum Standards.
D. If the Executive Director of Airports reasonably determines that it is appropriate
to set additional requirements for any Miscellaneous Activity, he or she may do so
by written order, provided that all CAOs providing that Miscellaneous Activity shall
then be subject to such additional requirements, except that the Executive
Director of Airports may grant a CAO a Waiver or Variance from such order in the
manner provided for Waivers and Variances under subsection 3.4 of the Minimum
Standards.
E. The requirements of this subsection 7.10 do not supersede any applicable
requirements of Section 6 or other provisions of Section 7 of the Minimum
Standards. If any Miscellaneous Activity overlaps with a Commercial Aeronautical
Activity addressed elsewhere in this Section 7, and that Commercial Aeronautical
Activity is subject to any minimum standards that apply to the Miscellaneous
Activity that overlaps it, then such minimum standards shall also apply to the
overlapping Miscellaneous Activity to the extent applicable.
7.11 Special Provisions for Aircraft Cleaning and Package Services.
A. Aircraft Cleaning.
A Person providing occasional interior or exterior cleaning of an Aircraft at the
invitation of that Aircraft's operator shall be required to obtain prior written
permission from the Executive Director of Airports to provide such service and
comply with all applicable security requirements as to its services and personnel,
but shall otherwise not be required to obtain an Agreement or lease any on-
Airport property and shall not be considered a CAO for purposes of the Minimum
Standards.
B. Package Services.
38
2702
Any Person wishing to provide Package Service on the Airport shall either:
1. Function as a CAO conducting a Miscellaneous Activity, subject to
subsection 7.11 and all other applicable provisions of the Minimum
Standards; or
2. Enter into a Package Service agreement with the County that permits the
Package Service provider to transfer packages onto orfrom the Airport, and
then onto or from an Aircraft, in exchange for such Package Service
provider paying a special additional fee to the County as specified in the
Package Service agreement.
39
2703