SR 04-25-2023 5A
City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Airport
Subject: Award RFP to Aeroplex Group Partners, LLC for Airport Commercial Real
Estate Services
Recommended Action
Staff recommends that the City Council:
1. Award RFP #340 to Aeroplex Group Partners, LLC., a California -based
corporation, to provide commercial real estate brokerage, aviation property
management and related consulting services to the Santa Monica Airport;
2. Authorize the City Manager to negotiate and execute an agreement with
Aeroplex Group Partners, LLC. in an amount not to exceed $1,453,183 for
three years, with two additional one-year renewal options of $483,987 for
renewal option Year One and $468,922 for renewal option Year Two, for a
total amount not to exceed $2,406,092 (including a 10% contingency), with
future year funding contingent on Council budget approval; and
3. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental
Quality Act (CEQA) Guidelines.
Summary
The City of Santa Monica contracts with a professional aviation property management
firm that specializes in airports to assist staff by providing aviation property
management, broker, and consulting services for City-owned properties at the Santa
Monica Airport. Professional commercial real estate services ensure that the Airport
provides on-site professional standards of customer services to tenants and secures fair
market leasing rates as required by the Santa Monica Leasing Policy and Guidelines
adopted in 2018 (Attachment A). Based on the results of a competitive Request for
Proposal (RFP) process, staff recommends that a new professional services agreement
be awarded to Aeroplex Group Partners, LLC (AGP) to continue providing these
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services to the City for an amount not to exceed $2,406,092 (including a 10%
contingency) for a term of up to five years.
Discussion
The City is the owner and operator of the Santa Monica Airport. The Airport includes
aviation and non-aviation facilities with various uses that include aeronautical service
providers, commercial office space, creative space, educational use space, artist
studios, land, hangars, tie-downs, and a museum. Approximately 92% of Airport
revenues are derived from leasing these properties. The ability to optimize revenues
from the Airport’s leasable space and maintain good tenant relations helps ensure the
Airport Fund’s financial self-sufficiency and aligns with the City’s priority of Economic
Recovery.
There are currently 409 leases at the Airport, of which 110 leases are full -service
gross aviation hangar lease agreements that require management by full-time on-site
dedicated staff. Airport staff does not have the capacity to provide the necessary
property management services to these aviation leaseholds at the level of service
required for full-service lease agreements. The Airport currently contracts with AGP
for aviation consulting services and professional commercial real estate property
management and brokerage services for the 110 aviation-related properties,
representing approximately 300,000 square feet of aviation uses and commercial real
estate offices.
The City’s contract with AGP will expire on June 30, 2023. To ensure the continuity of
such services, the City issued an RFP for the selection of a vendor to provide
commercial real estate property management, brokerage, and consulting services at
the Airport. Following a competitive Request for Proposals process, staff
recommends Aeroplex Group Partners, LLC as the best firm to provide these
services. The Agreement would become effective on July 1, 2023.
Scope of Services and Pricing
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Brokerage and Aviation Property Management Services
Brokerage services include facilitating, negotiating, and completing new and renewal
lease agreements with the City of Santa Monica for properties assigned, including
hangar, office, shop, and/or tarmac/ramp space. Aviation property management
services include administering lease agreements, marketing, advertising, and
responding to tenant inquiries.
Consulting Services
AGP will provide aviation consulting services in matters relating to property
management, operational needs, and lease negotiations.
Legal Services
AGP will provide outside counsel services to address tenant issues including evictions.
The outside counsel will work in collaboration with the City Attorney when the need
arises to process and oversee unlawful detainer litigation (evictions) as it relates to City
properties at the Santa Monica Airport.
Pricing
Property Management Fees will be based on 5% of monthly gross rents collected for
the properties that AGP is managing. In addition to the property management fees,
AGP’s brokerage fees will be commission based. AGP would be eligible to earn
commissions for completing any new or renewal lease agreements at the Airport during
the contract period. The pricing schedule is at market price for similar services.
Commissions would be based on the following terms:
Table 2. AGP Brokerage Commission Breakdown
New Term Leases 2.5% New Term lease
New Month-to-Month Leases Equal to one month’s rent, but no
more than $15,000
Term Lease Renewals 1.5% Term/Month to Month
Term Lease Expansions 1.5%
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Additional Terms
As part of their property management fee, AGP would provide a dedicated on-site
employee to oversee the facilities they manage during normal business hours. All
property management services would be conducted consistent with the City’s Leasing
and Licensing Policy and the City of Santa Monica Minimum Standards for Commercial
Aeronautical Services at Santa Monica Airport (Attachment B).
The real estate brokerage and aviation property management services agreement is
non-exclusive therefore the City has the option to select more than one firm to perform
these services and to reduce the number of properties that the property management
firm will manage. Non-exclusivity allows the City to be flexible in how it manages its
properties, and to select a discrete real estate broker for non-aviation City properties at
the Airport. The City reserves the right to terminate the property management service
contract with a six-month written notice.
Consultant Selection
Bidder Recommendation
Best Qualified Firm Aeroplex Group Partners, LLC
Evaluation Criteria Experience and technical competence; quality control; conceptual
plan and approach; stability and references, and cost of services
based on fair and cost-effective work pricing.
Municipal Code SMMC 2.24.190
RFPs Received
Aeroplex Group Partners, LLC Bell Properties, Inc.
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
12/05/2022 City’s Online
Bidding Site Santa Monica Daily Press 12 01/16/2023
Justification to Award
Based on the criteria in SMMC 2.24.190, staff recommends Aeroplex Group Partners,
LLC as the best-qualified firm to provide commercial real estate brokerage, property
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management, and related consulting services to the Santa Monica Airport based on
the firm’s documented expertise in commercial real estate and property management,
experience with similar projects at both the City and other general aviation airports;
conceptual plan for staffing and undertaking the work; positive reports from reference
checks, and fair and cost-effective pricing of services.
Environmental Review
The award of an agreement for commercial real estate services would have no
possibility of significant effect on the environment, and therefore, is exempt pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California Environmental
Quality Act (CEQA) Guidelines.
Past Council Actions
Meeting Date Description
8/14/2018
(Attachment A)
Santa Monica Airport Leasing and Licensing Policy
8/14/2018
(Attachment B)
City of Santa Monica Minimum Standards for Commercial Aviation
Services at the Santa Monica Airport
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Airport Fund to award an
agreement with Aeroplex Group Partners, LLC. To provide commercial real estate
brokerage, property management and related consulting services for the Santa Monica
Airport. Future year funding is contingent on Council budget approval.
Agreement Request
FY 2023-24
Request Amount Future Years Department # Total Contract Amount
$472,188 $1,933,904 57500001.552010 $2,406,092
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Prepared By: Kate Schlesinger, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)
B. Santa Monica Minimum Standards for Commercial Aviation Services at SMO
Adopted 8-14-2018 (1)
C. Aeroplex Group Partners, LLC OAKS_20230206
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1
SANTA MONICA CITY COUNCIL AIRPORT LEASING AND LICENSING POLICY
Purpose. The purpose of this Airport Leasing and Licensing policy is to
establish and declare City policy on matters related to airport leasing. This
Leasing Policy shall be used by the City Manager to analyze leasing and
licensing issues, to present leasing and licensing recommendations to the City
Council, and to render leasing and licensing decisions under the authority
granted by the City Council.
By adopting the Airport Lease Policy, the City Council seeks, to the extent
consistent with the Consent Decree signed by the City of Santa Monica
and the U.S. Justice Department on behalf of the Federal Aviation
Administration, to have an airport tenant mix that:
• Is harmonious with the nearby built environment by protecting the
health and safety of Airport neighbors.
• Maintains a sustainable Airport Fund that is independent from the
General Fund and other subsidies.
• Comports with any applicable legal requirements and protects the
City’s rights that relate to leases at the Airport.
• Continues to provide opportunities for arts, education, and culture,
including, but not limited to, the Artist Space Program administered
in conjunction with Cultural Affairs Division.
• Establishes practices and procedures for evaluating potential
leasehold interests, and for lease management and administration.
• Fosters uses and practices that are sensitive to the environment and
protect the health of Airport neighbors and users and protect the City
from future environmental damage exposure.
General Provisions. The majority of the Airport revenue is derived from
leases. To help support the Airport’s fiscal self‐sufficiency, all rents, fees,
and charges must reflect fair market value. To achieve the goals of the
Leasing Policy, the policy shall be managed in a manner consistent with
the following standards:
5.A.a
Packet Pg. 23 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services)
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SECTION A: USES
1. Authorized Uses: Authorized uses include: (a) uses required by the
Consent Decree; and (b) low intensity uses that are compatible with
surrounding uses, serve the adjacent community, and are consistent with
the City's environmental goals and policies. Examples of uses in category
(b) include, but are not limited to: parks and open space, arts/cultural,
creative space, professional theaters, museums, artist studios, art
galleries, photograph studios, uses customary or incidental to the
production or distribution of motion pictures, educational facilities,
professional and general offices, public or private schools existing prior to
September of 1984, warehouses, self‐storage/public mini‐warehouses,
and restaurants with 500 square feet of floor area or less.
2. Conditionally permitted uses: Parking and automobile storage lots
and structures. Restaurants with over 500 square feet of floor area.
Theaters. New public or private schools or educational institutions.
3. Prohibited Uses: Prohibited uses include: any use involving the
manufacture, processing, storage, or treatment of products, which by
nature of the operation is likely to be obnoxious or offensive to the
surrounding environment; construction of new general office buildings;
any use not specifically authorized as a permitted or conditionally
permitted use; and high intensity uses that are incompatible with the
surrounding residential uses.
SECTION B: TERMS AND CONDITIONS
1. Term for Hangars. All hangars shall be leased on a month‐to‐month basis.
2. Term for Tie‐Downs. All tie‐downs shall be leased on a month‐
to‐ month basis.
3. Term for Aeronautical Service Providers. Consistent with the terms of
the Consent Decree, aeronautical service providers may be offered up
to three‐year lease terms that comport with this Leasing Policy and the
Minimum Standards for Commercial Aeronautical Services at Santa
Monica Municipal Airport (the “Minimum Standards”), so long as the
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expiration date of the lease does not extend beyond December 31,
2028.
4. Term for Non‐Aviation Tenants. Lease terms may be month‐to‐month
or longer. However, no lease shall have a term that goes beyond
December 31, 2028.
5. Environmental Responsibility. New requests to lease and existing
leases shall be reviewed to assess potential negative effects on the
environment. The City may require environmental studies or testing
as appropriate and necessary, and any needed remediation shall be
performed prior to establishment of new uses. All lessees shall be
responsible for any environmental contamination, resulting from
their prior use, as a condition to a renewed or extended lease.
Environmental clean‐up will be required as a condition of any renewal
or extension. At the time of the application, an assessment of the
proposed use will be conducted, and appropriate insurance and/or
remediation requirements will be incorporated into the lease based
on proposed usage.
6. Rates. All new and renewed leases will be leased at prevailing
market rates and rates will be adjusted to stay current with market
conditions and as new/renewed leases arise.
7. Percentage Rent Provision. In addition to a base rent, the City may
elect to require that certain leases include a percentage rent provision,
which can be differentiated by categories of sales. The City shall have
the right to audit tenant's financial records to ascertain that the gross
sales figures reported by the tenant are accurate.
8. Existing Tenants. All existing airport tenants will be given the
opportunity to submit a lease application to the City. The City is under
no obligation to offer lease agreements. Submitting an application to
the City does not obligate the City to enter into lease negotiations,
offer a lease agreement, or execute a lease agreement. The decision to
execute a lease agreement will be made solely within the City’s
discretion as landlord and property owner.
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9. Whole Building Leases. Whole building leases may, at the City’s
discretion, be subject to public Requests for Proposals intended to
optimize leasehold occupancy and the self‐sustainability of the airport.
Tenants under a whole building lease shall be responsible for
maintenance and repair of said buildings.
10. Transfer of Interest. Space sharing is prohibited without the written
consent of the City and granting or withholding consent will be
conditioned on express standards and conditions set forth in the lease.
11. Lease and License Areas. Operation and improvements to lease and
license areas are subject to the City’s standard regulatory rules,
review and approval process.
12. Triple Net Leases. The City may require tenants to pay all property
taxes and assessments (including Possessory Interest Tax), insurance,
and utilities.
13. Commercial Operations Permit (COP). Prospective tenants proposing
to use the Santa Monica Airport to engage in an activity that requires
a business license from the City are required to acquire a commercial
operations permit issued by the City Manager. All COPs will be
presented to the Airport Commission for their recommendation and
comment prior to City Manager’s approval.
14. Master Tenants. Master tenant agreements are to be phased out in
an orderly transition.
15. Sub‐Leasing. New sub‐leasing shall be prohibited. Existing sub‐
tenancies shall be subject to an orderly phase‐out at the sole
discretion of the City.
16. Insurance. Airport lease agreements shall minimize the City’s
financial and economic risk, by incorporating reasonable
indemnification and insurance provisions.
17. Daily and Transient Users. Daily and transient uses shall be permitted.
SECTION C: PERFORMANCE STANDARDS
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1. Compatible and Harmonious. All lessees shall use the airport and any
airport property in a manner that is compatible with City policies and with
the adjacent residential uses; to encourage activities that complement
adjacent residential and commercial uses; to establish practices that are
sensitive to the environment and protect the City from future
environmental exposure; and for aeronautical service providers, comply
with the Minimum Standards.
2. All City‐owned buildings appropriate and suitable for leasing may be
subject to a public procurement and solicitation process to identify
prospective tenants and licensees whose financial and professional
experience, and products and/or services are consistent with the Leasing
Standards set forth herein.
3. All prospective tenants must submit a Lease or License Application to the
City. Information contained in the Lease Application shall describe the
proposed use for the available space; provide information about the
respondent; provide references; describe in detail the financial capability
of the respondent to perform; and set forth preliminary terms and
conditions.
4. Hangars
a. Hangars that have a land lease agreement with the City will be
on a month‐to‐month tenancy under a City approved lease
agreement which will be updated as deemed necessary by the
City.
5. Recruitment for artist day studios will adhere to the criteria set forth by
the Cultural Affairs Division of Community and Cultural Services
Department. Candidate tenants for available Artist Day Studio space are
required to file Program applications for screening purposes, and
qualifying artists are selected only from the screened waiting list.
SECTION D: MAINTENANCE AND TENANT IMPROVEMENTS
1. All leaseholders shall be responsible for maintaining their facilities in
attractive and safe condition, in compliance with applicable building and
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life safety codes and all applicable environmental laws, ordinances,
regulations and other city standards.
2. Facilities will be inspected prior to new or extended leasehold occupancy
and refurbished, by the City or tenant (at the City’s election), to a decent,
safe and sanitary condition appropriate for use. If tenant makes
improvements to the facility as a mutually agreed upon condition of a
lease, the City must first review and approve the proposed design and
scope of work. All necessary building permits must be obtained, and the
work must be inspected for compliance with applicable code(s).
Appropriate rental credits for the approved work performed may be
negotiated as part of the lease. Any Tenant Improvement Credit that
exceeds two months’ worth of tenant monthly rent must be approved by
the Airport Director.
3. Each tenant or licensee will be responsible for interior maintenance and
repair at its sole expense, and the City generally will retain responsibility
for maintenance and repair of roofs, building exteriors, landscaping and
common use parking for all Airport‐managed leaseholds unless otherwise
specified in the lease or license. Tenants who lease whole buildings from
the City will be responsible for any and all maintenance, repair and
improvements including roofs, building equipment and exteriors of the
facilities as well as interior maintenance and repairs.
4. Tenants shall respond to the City’s written inquiries regarding any
complaints or issues. Tenant will provide an action plan for improvement
if so requested by the City.
5. As applicable, the above requirements may be incorporated in leases,
licenses and other agreements. In addition, the City may add to any Lease
or License further or different or additional operational and performance
standards as the City concludes are appropriate to the particular Tenant’s
operation.
6. Upon confirmation that the proposed tenancy is consistent with this
Leasing Policy, a lease agreement will be prepared for review by the City
Attorney and execution by the prospective tenant before being referred
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to the City Manager for approval. Leases for terms greater than terms
specified in these guidelines require City Council approval.
SECTION E: LEASE APPROVALS AND DELEGATION OF AUTHORITY
1. The City Manager has the authority to negotiate and execute month‐to‐
month leases, leases with aeronautical service providers, and leases that
expire prior to or on December 31, 2028, provided the City Manager finds
the proposed use is consistent with this Leasing Policy, the Minimum
Standards, and the Consent Decree. To be valid, such leases must be on
the basis of written agreements prepared and approved as to form by the
City Attorney. Leases for terms of occupancy of more than five years or
with an expiration date beyond December 31, 2028, or otherwise outside
the parameters established by this Policy, will require City Council
approval.
2. The City may cooperate with commercial real estate brokers who
are authorized to negotiate leases on behalf of prospective
tenants.
SECTION F: GENERAL PROVISIONS
This Leasing Policy may be altered by the City at any time, in its sole discretion,
and shall not create any right or reliance interest for any person.
Updated August 2018
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Packet Pg. 29 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services)
Minimum Standards
For
Commercial Aeronautical Services
At
SANTA MONICA MUNICIPAL AIRPORT
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Packet Pg. 30 Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport
Table of Contents
SECTION 1 GENERAL INFORMATION ............................................................................. 1
SECTION 2 APPLICATION PROCEDURES ........................................................................ 5
SECTION 3 GENERAL REQUIREMENTS ........................................................................... 8
SECTION 4 FIXED BASE OPERATOR .............................................................................. 13
SECTION 5 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT
CHARTER AND AIR TAXI. .......................................................................... 19
SECTION 6 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: FLIGHT TRAINING
................................................................................................................................................. 21
SECTION 7 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT
MAINTENANCE AND REPAIR STATIONS ................................................ 23
SECTION 8 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: SELF‐SERVICE
FUEL PUMPS ............................................................................................... 25
SECTION 9 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT
MANAGEMENT SERVICES ......................................................................... 27
SECTION 10 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT
SALES OPERATOR ........................................................................................ 30
SECTION 11 SPECIALIZED AERONAUTICAL SERVICE OPERATOR: OTHER
AERONAUTICAL SERVICES ....................................................................... 31
SECTION 12 SPECIAL RULES FOR A SASO CONDUCTING MULTIPLE AERONAUTICAL
SERVICES .................................................................................................... 32
SECTION 13 RECOGNITION AND REGULATION OF SELF‐SERVICE AND SELF‐
FUELING RIGHTS ....................................................................................... 34
APPENDIX A: DEFINITIONS
APPENDIX B: INSURANCE REQUIREMENTS AND STANDARDS
APPENDIX B-1: MINIMUM INSURANCE REQUIREMENTS MATRIX
APPENDIX C: FLY FRIENDLY PROGRAM NOTIFICATIONS
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Packet Pg. 31 Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport
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SECTION 1
GENERAL INFORMATION
PURPOSE
These Minimum Standards supplement the Leasing and Licensing Policy (the “Airport
Leasing Policy”) in place at the Santa Monica Airport (the “Airport”) by setting minimum
standards that must be met by any person or entity that uses or seeks to use the Airport
as a base for any Commercial Aeronautical Activity (an “Operator”). Each Operator
must have a written agreement with the City of Santa Monica (the "City").
The adoption and enforcement of these Minimum Standards is intended to establish
reasonable threshold entry requirements that will ensure that each Operator is
reasonably fit, willing and able to perform the services it seeks to provide at the Airport;
to promote good service and fair competition at the Airport; to prevent unqualified
applicants from operating at the Airport; to prevent irresponsible, unsafe, or inadequate
services; and to make the Airport as financially self-sustaining s possible. The
establishment of these Minimum Standards does not imply any right on the part of any
Operator to provide any services at the Airport.
It is the City’s policy to extend the opportunity to provide aeronautical services to any
person or entity meeting the City's Minimum Standards for such services at the Airport,
subject to availability of suitable space at the Air port (as determined by the City) to
accommodate such activities, and subject to the City’s rights under the Settlement
Agreement/Consent Decree Between The Federal Aviation Administration And The City
Of Santa Monica, approved by the court in City of Santa Monica v. United States of
America, et al., Case No. 13 -CV-8046-JFW (C.D. Cal. Jan. 31, 2017) (the “Consent
Decree”). The City’s rights under the Consent Decree include, but are not limited to, its
rights to shorten the runway at the Airport, to exercise its proprietary exclusive right to
provide any or all of the aeronautical services that are the subject of these Minimum
Standards, and to close the Airport on or after January 1, 2029.
These Minimum Standards are subordinate to the Consent Decree. To the extent that
these Minimum Standards may conflict with the provisions of the Consent Decree, the
Consent Decree shall govern.
These Minimum Standards are also subordinate to the City of Santa Monica’s Charter
and Municipal Code, including but not limited to Municipal Code Chapter 10.04, and the
Airport Leasing Policy. To the extent that these Minimum Standards may conflict with
the provisions of the City’s Charter or Municipal Code or the Airport Leasing Policy,
those City instruments shall govern. As a result, among other things, these Minimum
Standards do not alter the Municipal Code requirement that no Operator may use the
Airport as a base for any commercial activity without an operations permit issued by the
City Manager after consideration by the Airport Commission (SMMC 10.04.06.020, .030)
or the Airport Leasing Policy requirement that all leases be approved by the City
Manager, and that certain leases be approved by the City Council.
To the extent (if any) that these Minimum Standards may c onflict with the Santa Monica
Airport Operations Handbook, these Minimum Standards control.
Capitalized terms are defined in Appendix “A” to these Minimum Standards.
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APPLICABILITY
All Operators shall, as a condition of conducting Commercial Aeronautical Activities at
the Airport, comply with all applicable requirements concerning such activities as set
forth in these Minimum Standards and any subsequent amendments to these Minimum
Standards. These Minimum Standards shall be deemed to be a part of each Operator’s
written agreement with the City (in whatever form, whether lease, license, permit or
other) except to the extent any particular provisions of these Minimum Standards are
waived or modified, in writing, by an authorized representative of the City. The mere
omission of any particular standard from an Operator’s written agreement with the City
shall not constitute a waiver or modification of such standard in the absence of clear and
convincing evidence that the City intended to waive or modify such standard. The
requirements set forth in these Minimum Standards are minimums, and all Operators
are encouraged to exceed these minimums in conducting their activities.
These Minimum Standards apply to ev ery Operator as of the date of adoption of these
Minimum Standards, and amendments to these Minimum Standards will apply to every
Operator as of the date of their amendment, provided, however, that:
(a) If an Operator has an existing written agreement with the City at the time
these Minimum Standards are adopted or amended, and if compliance
with these Minimum Standards as adopted or amended would create a
conflict with the written agreement, the written agreement shall prevail
until such time as it is amended, updated, renegotiated, renewed, or, with
the City’s approval, assigned, or a new written agreement is negotiated,
at which time Operator will fully comply with these Minimum Standards as
adopted or amended;
(b) If an Operator has an existing written agreement with the City at the time
these Minimum Standards are adopted and that agreement provides for
application of Minimum Standards following their adoption, the Operator
shall have six months from the date of adoption of these Minimum
Standards to comply with these Minimum Standards, with the exception
that any new subleases shall be immediately prohibited and any existing
sub-tenancies at the time of adoption of these Minimum Standards shall
be immediately subject to an orderly phase -out at the discretion of the
City; and
( c) Any Operator engaging in activities covered by these Minimum Standards
without a written agreement with the City, shall have six months from the
date of adoption to comply with these Minimum Standards.
These Minimum Standards shall not be deemed to modify any existing written
agreement with the City under which an Operator is required to exceed these Minimum
Standards nor prohibit the City from entering into and enforcing a written agreement or
amendment thereto that requires an Operator to exceed these Minimum Standards.
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Adopted 8/14/2018
EFFECTIVE DATE
These Minimum Standards shall become effective on
, 2018 (the
"Effective Date"). Each and every Operator conducting any Commercial Aeronautical
Activity at the Airport on or after the Effective Date must hold either (a) a current and
valid Lease with the City which specifies that the Operator's Commercial Aeronautical
Activities are a permitted use; (b) a Non-Exclusive License from the City authorizing the
Operator to engage in such Commercial Aeronautical Activities; or (c) if an approved
subcontractor for an Operator, a Commercial Operations P ermit authorizing the
subcontractor to engage in or facilitate the Operator’s Commercial Aeronautical Activities
as a subcontractor of the Operator. Any such Lease, Non - Exclusive License, or
Commercial Operations Permit shall be in a form prescribed by the City that specifies
which types of Commercial Aeronautical Activities the Operator (or subcontractor) is
authorized to provide; requires the payment of fees to the City; imposes insurance,
indemnification, and environmental obligations; and requires a se curity deposit or other
form of contract security.
COMPLIANCE
The Airport Director shall periodically conduct a review of each Operator’s compliance
with the terms of its Lease or Non-Exclusive License and these Minimum Standards. If
the Airport Director, in his or her discretion, determines that there has been substantial
non-compliance, the Airport Director shall notify the Operator of the non-compliance and
take steps, which may include declaring a default of the Operator’s Lease or Non-
Exclusive License, to ensure that the Operator comes into compliance with the terms of
its Lease or Non-Exclusive License and these Minimum Standards.
RIGHT TO AMEND STANDARDS
The City reserves the right to amend these Minimum Standards as the City determines
may be necessary or desirable to meet the needs of the Airport, to improve the quality of
services, to enhance competition or as otherwise deemed to be reasonable by the City.
The City further reserves the right to amend these Minimum Standards to pursue the
City’s rights under the Consent Decree, including the closure of the Airport on or after
January 1, 2029, as described in the Consent Decree.
WAIVERS
The Airport Director may, in his or her discretion, waive any requirement imposed by
these Minimum Standards for the benefit of any governmental entity providing non-profit
services to the aviation industry, performing emergency medical or rescue services to
the public by means of aircraft or performing fire prevention or firefighting operations.
Except as otherwise limited by these Minimum Standards, the Airport Director may also
waive any of the Minimum Standards for non-governmental Operators if the Airport
Director, in his or her discretion, finds clear circumstances demonstrating such a waiver
to be in the best interest of the City. Waivers must be approved by the City Manager
(and City Council if City Council approval is required under the Airport Leasing Policy or
under specific provisions of these Minimum Standards) after consideration by the Airport
Commission. The Airport Director shall maintain a log of all such waivers indicating for
each waiver: the clear circumstances demonstrating the basis for the waiver, the date on
which it was presented for consideration by the Airport Commission, and the date on
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which it was or was not approved by the City Manager (and City Council if City Council
approval was required under the Airport Leasing Policy or under specific provisions of
these Minimum Standards). When any such waiver is being proposed for an Operator,
the Airport Director shall present to the Airport Commission for consideration at one of
its public meetings a public document that attaches the log of prior waivers and identifies
the basis for the proposed waiver.
CATEGORIES OF AERONAUTICAL SERVICE OPERATORS
The following categories of Operators may provide commercial aeronautical services at
the Airport:
1. Fixed Base Operator ("FBO")
2. Specialized Aeronautical Services Operator ("SASO")
a. Aircraft Charter and Air Taxi
b. Flight Training
c. Aircraft Maintenance and Repair Stations
d. Self-Service Fuel Pumps
e. Aircraft Management
f. Air Transportation Arranger
g. Aircraft Sales Operator
h. Other Aeronautical Services
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SECTION 2
APPLICATION PROCEDURES
1. An application to perform commercial aeronautical services at the Airport must
be made in accordance with these Minimum Standards. The application must be
signed by an authorized person and include the name, address, email address
and telephone number of the applicant and the following information:
a. For all applicants - the name, address and telephone number of each
person with a controlling interest in the applicant.
b. For a corporation - the name, address, email address and telephone
number of the corporation’s officers and directors.
c. For a partnership or joint venture - the name, address and telephone
number of each partner or member of the venture.
d. Whether any officer, director, partner or person with a contro lling interest
in the applicant is also an officer, director, partner or person holding a
controlling interest in any other commercial aeronautical service Operator
at the Airport.
2. The application, together with all required supporting documentation, shall be
submitted to:
City of Santa Monica, Santa Monica Airport –
Attn: Airport Director
3223 Donald Douglas Loop South
Santa Monica, CA 90405.
3. An applicant shall furnish the following supporting documents as evidence of its
organizational and financial capability to provide the proposed aeronautical
services:
a. Business Plan - a written proposal detailing the nature of the proposed
aeronautical service to be provided, the applicant's space and facility
requirements, and the proposed location on the Airport.
b. Financial Statement - a current financial statement (for a corporation, sole
proprietorship or for all principals of a partnership or joint venture)
prepared in accordance with generally accepted accounting principles by
a certified public accountant.
c. Credit Report - a current credit report (for a corporation or for all principals
of a partnership or joint venture) covering all business activities in which
the applicant has participated within the past ten years. To satis fy this
requirement, an applicant shall furnish to the Airport with its application a
fee that the Airport shall use to perform the required credit report check.
d. Personnel - a list, with resumes, of key personnel to be assigned to the
Airport along with a description of their duties and responsibilities.
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e. Licenses and permits - copies of all licenses, certifications and permits
possessed by the applicant or its key employees to be based at the
Airport that are required to perform the proposed services.
f. Evidence of insurance that meets the applicable requirements as set forth
in Section 3 of these Minimum Standards.
g. Commercial Operations Permit Application.
h. Such other information as the Airport Director may require.
4. The Airport Director shall deny any application to provide aeronautical services at
the Airport if, in his or her discretion, the Airport Director determines that:
a. the applicant does not meet any applicable provisions of these Minimum
Standards;
b. the applicant has supplied the City, or any other person, with false or
misleading information or has failed to make full disclosure in its
application or in its supporting documents;
c. there is no appropriate, adequate or available space on the Airport to
accommodate the applicant at the time of application;
d. the proposed activity would conflict with existing aeronautical uses;
e. the proposed activity would require the City to spend funds or to supply
materials or manpower that the City would, in its discretion, prefer not to
spend or supply;
f. the proposed activity would require existing Operators without their
consent to reduce the amount of Airport property they use to provide
aeronautical services, result in congestion anywhere within the Airport or
interfere with the orderly activities of existing Operators;
g. the proposed service activities would be detrimental to the Airport;
h. the applicant has violated any of these Minimum Standards or any other
regulations of the City, the standards or regulations of any other airport,
or any other statutes, regulations, ordinances, laws or orders applicable
to the Airport or any other airport;
i. the applicant is currently in default, or has been in default in the past, in
the performance of any lease or other agreement with the City or at any
other airport;
j. the applicant's financial statement or credit report contains information
that creates doubt as to the applicant’s abilities to provide the proposed
services;
k. the applicant does not have or cannot demonstrate access to the
operating capital necessary to conduct the proposed operation;
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l. the applicant is unable to obtain sufficient insurance, financial sureties or
guarantors to protect the interests of the City or other appropriate
governmental entities;
m. the applicant has been convicted of any felony or misdemeanor involving
moral turpitude; except that the Airport Director, in his or her discretion,
may disregard such conviction based on consideration of the following
factors: mitigating circumstances that may exist, the nature and gravity of
the offense, the time elapsed, the nature of the aeronautical services to
which the application applies and the relatedness of the conviction to
those services, and any other facto rs that are related to the application
and consistent with business necessity;
n. the applicant's proposal is not in the best interest of the health, safety,
welfare or convenience of the traveling public or Airport Users;
o. the applicant is unable to qualify for unescorted access to Airport
Operating Areas, if required to provide proposed services;
p. approval of the proposed activity would be inconsistent with the Consent
Decree, the City’s Charter or Municipal Code, or the Airport Leasing
Policy.
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SECTION 3
GENERAL REQUIREMENTS
These Minimum Standards establish certain requirements to be met by every Operator
providing aeronautical services at the Airport. Such Operators must, in addition to
complying with all applicable Minimum Standards, comply with all other applicable laws,
regulations, ordinances, rules, building codes, or other provisions, including contracts,
relating to their operations at the Airport.
In addition to the Minimum Standards applicable to each specif ic category of commercial
service operation set forth below, every Operator providing aeronautical services at the
Airport must meet the following general requirements.
1. Property/Facilities. Unless exempted from this requirement by the Airport Director
in his or her discretion, each Operator must lease the property or facilities
required for the services it renders directly from the City.
2. Hangars and Other Buildings. If required by these Minimum Standards, the
Operator shall lease hangar space for aircraft storage and shall lease sufficient
building space to support its activities at the Airport.
3. Aircraft Parking Apron. If required by these Minimum Standards, the Operator
shall lease sufficient paved aircraft parking apron space within its leasehold
premises to meet the requirements of its aeronautical activity and shall maintain
any paved taxiways necessary for access to the Airport’s taxiway system.
4. Equipment.
a. The Operator must demonstrate that it owns, leases or otherwise has
sufficient access to all equipment required to provide the applicable
aeronautical services promptly on demand without causing any flight
delays or other operational impacts on aircraft at the Airport. All
equipment must be maintained in good operating condition and good
appearance and must be in compliance with all applicable safety
standards and regulations. All heavy equipment except aircraft must be
clearly designated with the name and logo of the Operator prominently
displayed.
b. Any Operator that is involved with towing aircraft off of its leased
premises and onto other airport property shall own or contract for
appropriate equipment to be used and for appropriate lighting to be used
during tow operations (including strobe lights).
c. All vehicles driven on Airport property must have any permits or required
registrations as required by federal, state or local law. Such vehicles also
must be operated by persons with appropriate licenses or permits and
trained under the Airport’s driver safety training program, should the
Airport require such training.
d. Any Vehicle used for Commercial purposes in the AOA must bear
identification designating the Commercial Aeronautical Operator to whom
the vehicle is assigned. The display of identification shall be in letters in
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sharp contrast to the background and shall be of such size, shape, and
color as to be readily legible during daylight hours from a distance of 50
feet.
5. Personnel and Training.
a. All personnel shall display Santa Monica Airport ID badges at all times on
their person, as required by Airport Rules. Non -Administrative personnel
in the AOA shall wear clothing that displays the identification of the
Operator in letters in sharp contrast to the background which shall be of
such size, shape, and color as to be readily legible during daylight hours
from a distance of 20 feet. Administrative personnel need not wear
uniforms.
b. An adequate number of qualified and, where applicable, licensed
employees shall be on duty at all times of operation to provide services
consistent with these Standards.
c. At least one qualified supervisor shall be on duty when any aeronautical
services are being performed by any Operator. A supervisor may be “on
duty” for purposes of this subsection if the supervisor is available by
phone, but not at the Airport, provided that in such a case an Operator
must provide the Airport Director with a list of phone numbers at which
the Airport can reach supervisors during regularly scheduled shifts.
d. Each Operator shall establish a written job description for each type of
employee to ensure that all employees are thoroughly trained and
qualified to perform the aviation tasks to which they are assigned. The
level of detail required for each job description shall be commensurate
with the technical complexity and safety risks associated with the
employee’s work. At a minimum, each job description shall include a
statement of responsibilities, as well as required skills, degrees, and
certificates. For more technically specialized work or work involving
heavy equipment or significant safety concerns, the description shall also
include what training, experience, and safety precautions are required to
perform the required tasks. Upon request, the Operator shall submit a
copy of its written job descriptions to the Airport Director or designee.
e. All personnel who will operate a vehicle on the AOA must successfully
complete the Airport’s initial training course on driving on the AOA and
any refresher training that may be required by the City.
f. Each Operator shall provide to the Airport Operations/Public Safety
Officer Unit a list of company officials and 24-hour contact information.
This list shall include:
i. the Operator’s local representative with administrative, operational
and fiscal authority over the aircraft/facility involved;
ii. the Operator’s corporate representative with administrative,
operational and fiscal authority over the aircraft/facility involved;
and
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iii. the Operator’s point of contact for emergency/security incidents.
6. Insurance Requirements.
a. All Operators shall comply with the insurance Requirements and
Standards set forth in Appendix “B” to these Minimum Standards, which
may be revised by the City. These include the requirement that all
Operators shall procure prior to commencement of service, and shall
thereafter maintain continuously in effect throughout the term of their
activities at the Airport, at the Operator's sole expense, insurance of the
types and in at least such minimum amounts as are set forth in Appendix
“B-1” to these Minimum Standards, which may be revised by the City.
b. The insurance requirements imposed by this Section may not be waived
by the Airport Director. .
7. Airport Security.
a. All Operators shall comply with all applicable security requirements
adopted for the Airport by the City (including but not limited to any Airport
Security Plan issued by the City), the FAA, or the Transportation Security
Administration, and shall comply with the directives of any law
enforcement officer or other airport personnel implementing these
requirements. The City reserves the right in its discretion at any time to
impose additional security requirements, applicable to all similarly-
situated Operators.
b. Operator shall have a documented security plan consistent with its
Activity or Activities and adequate for the type of operation and services
being provided. The security plan shall be made available to the Airport
Director upon request and shall address at a minimum procedures for the
following:
i. Securing Commercial Aeronautical Operator’s Leasehold to
prevent unauthorized access to the Leasehold and the AOA of the
Airport.
ii. Monitoring and controlling access to the Airside Area of the Airport
through Commercial Operator’s Leasehold.
iii. Providing escort to vendors, customers or other visitors operating
vehicles on the AOA.
iv. Informing Commercial Aeronautical Operator’s employees,
vendors, customers and other visitors of security requirements
and procedures.
c. The Airport Security requirements imposed by this Section may not be
waived by the Airport Director.
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8. Subcontracting. A SASO may, but only with written permission from the Airport
Director, subcontract any of the services it is authorized to provide on an item by
item basis for no more than 180 days, subject to renewal with the permission of
the Airport Director.
9. No Subleasing. Subleasing shall be prohibited. Existing sub-tenancies at the time
of adoption of these Minimum Standards shall be subject to an orderly phase-out
at the discretion of the City.
10. Commercial T-Hangars. Commercial T-hangar rental shall be prohibited. Only
the City may lease and manage T-hangars for storage of general aviation
aircraft.
11. Nondiscrimination. Operator shall not discriminate against any person or class of
persons by reason of race, creed, color, national origin, sex, age, sexual
orientation, gender identity, or physical handicap in provi ding any products,
services, or facilities or in the use of any of its facilities that are available to the
public, or in any manner prohibited by applicable regulatory measures including
without limitation Part 21 of the Rules and Regulations of the offic e of the
Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964, as
amended or reenacted. This non -discrimination requirement may not be waived
by the Airport Manager.
12. Legal Compliance.
a. Americans with Disabilities Act Compliance. Operator shall comply with
the Americans with Disabilities Act, as amended, to the extent required by
law.
b. Environmental Compliance. Operator shall comply with all applicable
federal, state, and local environmental laws and regulations.
c. Noise Restrictions Compliance. Operator shall comply with all applicable
federal, state, and local noise restriction laws and regulations.
d. Airport Leasing Policy, City Charter and Municipal Code. Operator must
comply with all applicable sections of the Municipal Code and the policies
of the City of Santa Monica, including but not limited to, the following:
i. The City’s Airport Leasing Policy;
ii. The City’s Charter and Municipal Code, including but not
limited to: (a) Article XXII of the City of Santa Monica Charter (the
“Oaks Initiative”); and (b) Chapter 10.04 of the Municipal Code.
e. The legal compliance requirements imposed by this Section may not be
waived by the Airport Director.
13. Combination of Space Requirements. In his or her discretion, to reduce the
overall amount of space required, the Airport Director may adjust or combine the
minimum space requirements set forth for each type of aeronautical service if
more than one type of service will be provided by a SASO from the same
premises.
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14. Required Fees and Payments. The fees and payments to be made to the City by
each Operator will be set forth in the Operator's Lease or Non - Exclusive License
and shall be reasonable and not unjustly discriminatory.
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SECTION 4
FIXED BASE OPERATOR
This section sets forth the minimum standards for a Fixed Base Operator at the Airport.
STATEMENT OF CONCEPT
An FBO provides a wide range of aeronautical services to the public. An FBO must
provide all of the following products and services at its premises at the Airport:
1. Storage of aviation fuel and other petroleum products at City’s fuel storage
facilities.
2. Aircraft and engine maintenance and repair services directed towards the
general aviation market.
3. Tie-down services.
4. Shuttle service for passengers of chartered, private and executive aircraft.
5. Arrange car rental, limo services or taxi -cab services for customers.
6. Arrange catering services for customers.
7. Marshaling and parking of aircraft.
8. Maintenance of the Airport’s Registration Log and other statistical data
concerning the FBO’s activities on the Airport.
9. Automotive maintenance for ground support equipment at the Airport.
10. Aviation maintenance and repair service with a licensed airframe and power plant
mechanic at the Airport.
11. Gate service for aircraft such as, but not limited to, passenger ramp service
baggage handling, catering, and interior cleaning of aircraft.
12. Towing service for disabled aircraft. For larger aircraft (over 30,000 lbs.) the
FBO may arrange with other qualified operators to provide this service.
13. Into-plane Fueling.
a. Aviation fuels (including both jet fuel and either AvGas or unleaded
AvGas once unleaded AvGas is commercially available and approved for
use) and lubricating oils shall be stored and dispensed by an FBO in
accordance with all local, state and federal laws, regulations, rules and
other requirements, as same may be amended, regarding the sale and
storage of such fuels and oils, including without limitation any rules,
regulations or minimum standards that are established by the City.
b. Prior to commencement of the operations of dispensing and selling fuels,
an FBO shall submit to the City, for review and comment, the FBO’s Spill
Prevention Control and Countermeasure Plan and Pollution Incident and
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Prevention Plan and any permit requirements necessary by local, county
and State agencies.
14. Other Services. An FBO may provide other specialized aeronautical services on
its leasehold subject to the approval of the City, through the Airport Director,
including the sale or rental of all types of consumer products normally related to
the ownership or operation of aircraft; and any other services normally performed
by similar FBOs at other airports in the United States. These requests will be
reviewed and approved on a case -by-case basis.
15. Subcontracting. An FBO shall not subcontract any fueling services or other
services that it is authorized or required to provide without the prior written
approval of the Airport Director. Subcontracting of services shall not relieve FBO
of any of its obligations or liabilities under these Minimum Standards or its Lease
or operating agreement with the City.
16. Prohibited Activities. Each FBO is expressly prohibited from engaging in any of
the following activities:
a. Provision of terminal facilities for passenger operations, other than those
covered by Federal Aviation Regulations 14 CFR Parts 91 and 135.
b. Sale of non-aviation products, except for paraphernalia associated with
the Operator’s business (i.e., t-shirts, hats, etc.) and food and beverage
amenities (i.e. vending machine snacks, sodas, etc., but not alcoholic
beverages).
c. Air shows or meets.
d. Film shoots, or displays or other public gatherings, without the express
written approval of the Airport Director.
e. Any service prohibited by law or not related to aviation.
f. Advertising of any kind unrelated to services FBO is permitted to provide
at the Airport.
g. Storage of Hazardous Materials, liquid industrial waste or any other
regulated waste that does not fully comply with all applicable
environmental laws.
h. Constructing or operating a fuel farm without the express written approval
of the Airport Director.
i. Heavy maintenance on an aircraft on a parking apron or any other area
not designated or leased for aircraft maintenance without the express
written approval of the Airport Director. This does not apply to routine line
maintenance of aircraft.
j. Parking, storing, or allowing the parking or storage of any vehicles on the
Operator’s premises that are not used in the daily operation of the general
aviation business permitted to be conducted on the premises, unless
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such vehicles are owned and operated by the Operator’s customers or
employees.
MINIMUM STANDARDS
1. Experience. An Operator proposing to operate as an FBO shall have a minimum
of 5 years’ experience as an FBO (including the fueling of aircraft). The Airport
Director may not exercise his or her discretion to waive this requirement unless
the Airport Director is satisfied, after reviewing documentation from an applicant
the Airport Director deems to be sufficient, that the proposed FBO Operator’s
management personnel have sufficient knowledge and experience to safely and
efficiently conduct FBO operations at the Airport.
2. Land. Each FBO must lease enough land to provide adequate space for
buildings, paved private auto parking, paved aircra ft parking, paved pedestrian
walkways, fuel storage facilities, and all storage, servicing utilities and support
facilities as may be mutually agreed upon in writing by the City and FBO. The
minimum area required will not be less than 144,000 square feet.
3. Hangars and Other Buildings. Each FBO must lease facilities to provide at least
6,000 square feet of lounge (for crew and passengers), offices, flight planning
facilities, pilot waiting areas, and public restrooms.
4. Aircraft Parking. Each FBO must provide paved aircraft parking of a minimum of
30,000 square feet that can accommodate the largest aircraft to be handled or
serviced by the FBO.
5. Automobile Parking. Each FBO must lease a minimum of 20 paved private
automobile parking spaces excluding employee parking.
6. Fuel Storage Facilities. Depending on the location and nature of the proposed
FBO business, with the advance approval of the Airport Director in writing, which
approval may be issued by the Airport Director only after authorization by th e City
Council, the FBO may be permitted to establish and operate its own fuel farm. If
a request by the FBO to establish and operate its own fuel farm is approved by
the Airport Director, the following requirements will apply:
a. The FBO shall lease sufficient land for installation of above -ground fuel
storage tanks to be constructed and operated on the FBO’s leased
premises in compliance with all applicable environmental requirements.
b. Total storage capacity shall consist of at least one (1) 10,000 gallon
storage tanks for jet fuel and one (1) 2,500 gallon storage tank for
aviation gasoline to assure adequate supplies of fuel at all times.
c. The fuel storage system must include adequate fuel spill prevention
features and containment capabilities, together with an approved fuel spill
containment and countermeasures control plan, and shall be improved
and upgraded as necessary to meet all current EPA, State, and City of
Santa Monica requirements for spill prevention, containment and
mitigation as they may be revised.
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d. The FBO shall be required to undertake at its own expense any
environmental testing of its fuel facilities which the City may reasonably
request, on or off the Airport, and to take any remedial actions determined
to be necessary or appropriate as a result of such testing.
e. The right is reserved to the City to disapprove installation of a new FBO
fuel farm if the City determines, in its discretion, that the proposed FBO
fuel farm would have an adverse effect on safety or otherwise not be in
the interest of a safe and efficient airport operation.
7. Mobile Dispensing Equipment.
a. Each FBO shall provide at least three (3) metered filter -equipped mobile
dispensing trucks for dispensing jet fuel, AvGas , and unleaded AvGas
(once commercially available and approved for use), with separate
dispensing pumps and meters required for each type of fuel.
b. At least two (2) of the mobile dispensing trucks must be used for jet fuel
with each having a minimum capacity of at least 3,000 gallons.
c. The remaining mobile dispensing truck shall provide Unleaded AvGas
with a capacity of at least 750 gallons. Until such time as unleaded AvGas
is commercially available and approved for use, standard AvGas may be
used.
d. All dispensers must have bottom -refilling capabilities and turbine fuel
dispensers must have single point refueling capabilities.
e. All dispensers shall meet all applicable safety requirements, with reliable
metering devices subject to independent inspection.
f. All equipment shall be maintained and operated in accordance with
Federal, State, City and industry requirements, including ATA 103, NFPA
407, OSHA guidelines, and Municipal Code 10.04.06.120.
8. Aircraft Service Equipment. Each FBO shall procure and maintain tools, jacks,
tugs, towing equipment, tire repairing equipment, ground power units, portable
compressed air tanks, oxygen cart and supplies, fire extinguishers, air stairs,
chocks, ropes, tie-down supplies, crew and passenger courtesy transportation
vehicles, and any other equipment appropriate and necessary for the servicing
of all aircraft types normally expected to use the FBO facilities.
9. Hours of Operation. Each FBO shall provide aircraft fueling and line services
during the hours of 7 a.m. to 9 p.m. Monday thru Friday and from 8 a.m. to 9 p.m.
on Saturdays and Sundays.
10. Personnel and Training. In addition to the general personnel and training
requirements in Section 3 of these Minimum Standards:
a. Full-Time Manager: All activities of the FBO shall be conducted under the
guidance and supervision of a full-time FBO Manager who must have
demonstrated experience in FBO supervision and operations and must be
approved in advance by the Airport Director, which approval the Airport
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Director retains discretion to deny. The FBO Manager must be vested
with full power and authority to direct and conduct the FBO operation.
The FBO Manager shall be assigned to the Airport and shall be available
during normal business hours.
b. Line Service: At least two (2) fully trained and qualified fuel service
personnel shall be on duty at all times while the facility is open for
business. And adequate staff shall be on duty to ensure that aircraft are
able to be marshalled onto FBO’s leased area expeditiously without
interfering with Airport operation in the AOA. One must be a responsible
supervisor trained in accordance with 14 CFR §§ 139.321(b)(6) and
(e)(1).
c. Maintenance: At least one (1) FAA-certificated aircraft mechanic shall
promptly be available upon request. The FBO can meet this requirement
with mechanics employed by the FBO, or by contracting with an on-call
Specialized Aeronautical Service Operator authorized to conduct Aircraft
Maintenance at the Airport, provided that the Airport Dire ctor approves
such contract.
d. All personnel shall be suitably uniformed.
e. There shall be at least one person on duty during the hours of 7 a.m. to 9
p.m. Monday thru Friday and from 8 a.m. to 9 p.m. on Saturdays and
Sundays to act as supervisor, customer service representative, ramp
attendant, and dispatcher for General Aviation activity, unless otherwise
agreed in writing by the City. If an FBO deplanes passengers outside of
the hours provided in this subsection, then the FBO shall staff sufficient
personnel to perform necessary functions for those passengers and for
safe operation of the aircraft.
f. All fuel service personnel shall have successfully completed an approved
line technician safety course. A National Air Transportation Association
(NATA) course or equivalent is acceptable.
g. Supervisors and all other personnel dispensing fuel must have received
initial and required recurrent training in accordance with 14 CFR §
139.321. Training records for all personnel providing fueling services
must be maintained on file at the Airport and be available for inspection
by the City.
11. Insurance Requirements. Each FBO shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 of these Minimum
Standards and its Lease with the City.
12. Airport Security. Each FBO shall comply with all security requirements specified
by Section 3 or otherwise applicable as a matter of law.
13. Required Fees and Payments.
Lease: The FBO shall enter into a lease agreement providing for the payment of
rent for leased space and facilities.
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Fuel Flowage: In addition to the rent to be paid under its lease with the City, the
FBO shall pay the City any fuel flowage fees or other fees that are specified i n its
lease.
14. Fly Neighborly Program. The FBO shall maintain on its premises copies of, and
shall provide to each pilot using the FBO, a Pilot’s Guide for the type of aircraft
being flown by that pilot (fixed wing, jet, or helicopter), in the form attached as
Appendix C or such similar form as may be provided by the Airport Director.
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SECTION 5
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
AIRCRAFT CHARTER AND AIR TAXI
STATEMENT OF CONCEPT
An Aircraft Charter or Air Taxi Operator is a person, firm or corporation engaged in the
business of providing commercial air transportation (persons or property) to the general
public for hire under FAR Part 135 and using the Airport as a base for engaging in this
business.
MINIMUM STANDARDS
1. Facilities.
a. If providing facilities for customer use at the Airport through an FBO
operating at the Airport, the Operator shall provide the Airport Director
with documentation confirming the FBO’s agreement to provide such
facilities and establishing that the FBO has complied with all the terms of
its Iease with the City and all applicable provisions of these Minimum
Standards, and, upon a determination by the Airport Director that these
requirements have been satisfied, shall enter into a Non-Exclusive
License with the City for provision of services.
b. Otherwise, the Operator shall lease from the City an area of sufficient
size, shape, and location as mutually agreed upon to provide at least
1,000 square feet of floor space for office, restrooms, and customer
lounge for customer use. All office/lounge space shall be properly heated
and lighted. The Operator shall provide sufficient automobile parking
space to accommodate employees and customers parking with no on-
street parking. Paved walkways with all points of access conforming to
the criteria specified in the Americans with Disabilities Act (ADA) as
required by the act will be provided by the Operator. Adequate hard
surfaced aircraft ramp must be provided within the leased area, sufficient
to accommodate the Operator’s activities, operations, and adequate tie-
down facilities. If the Operator utilizes existing facilities, which may not
meet the minimum sizes outlined in this section, the minimum square
footage requirements may be determined by the availability of facilities
and through written agreement with the City.
2. Aircraft. The Operator shall provide for charter one or more aircraft, which may
be single- or multi-engine, or helicopters. All aircraft must be either owned by or
under written lease to Operator. All aircraft must meet the requirements of the
FAA and the FAR Part 135 certificate held by the Operator.
3. FAA Approvals. The Operator shall have and provide copies to the City of all
appropriate certifications, approvals and FAA issued operating certificates. Any
time certifications or approvals are modified, the updated documentation
reflecting the changes shall be provided to the City within three calendar days.
Only air charter and air taxi activities authorized by the FAA and appropriate City
approvals may be conducted at the Airport under this section, and all such
activities must be conducted in accordance with all applicable FAA regulations,
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including any such regulations limiting the permissible weight of aircraft loads
based on factors such as runway length, weather, and aircraft operating
specifications.
4. Reports. For each flight providing commercial air transportation to persons, the
Operator shall provide the Airport Director, upon request made by the Airport
Director within 180 days after the flight, with a written report stating the type of
aircraft, number of passenger seats, and number of passengers actually carried.
5. Employees. If certified to engage in on-demand common carriage for persons or
property, the Operator shall employ the number of employees required by 14
CFR Part 135.
6. Mitigation Measures. As described in the Municipal Code, § 10.04.06.030(d),
applications for air carrier service at the Airport “shall identify and assess the
effects of the service on community aircraft noise exposure, automobile traffic,
and other significant environmental impacts and propose appropriate mitigation
measures. Environmental assessment shall be in accordance with State and City
laws and procedures.” As used in the Code, “air carrier” service includes
commuter service, air charter and air taxi operations, freight, cargo, express, and
mail service, indirect air carriers and other commercial flight operations
certificated by the Federal Aviation Administration.
7. Hours of Operation. If leasing premises to provide customer services pursuant to
Section 5.1(b) above, the Operator shall have its premises open and services
available to customers at least two (2) hours prior to and one (1) hour after each
flight offered by the Operator.
8. Personnel and Training. The Operator shall have in its employ suitably
uniformed and trained personnel in such numbers as are required to meet the
minimum standards set forth in this category, but never less than two FAA
currently certificated commercial pilots appropriately rated to conduct the flight
activity offered by Operator. The Operator shall have available sufficient qualified
personnel for checking in passengers, handling of luggage, ticketing and for
furnishing or arranging for suitable ground transportation.
9. Insurance Requirements. The Operator shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 and Appendix B
of these Minimum Standards and its Lease with or Non -Exclusive License from
the City.
10. Airport Security. The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
11. Required Fees and Payments. The Operator may be required to pay other
required fees and payments as specified in the Operator's Lease with or Non-
Exclusive License from the City.
12. Fly Neighborly Program. The Operator shall provide to each pilot flying for the
Operator a Pilot’s Guide for the type of aircraft being flown by that pilot (fixed
wing, jet, or helicopter), in the form attached as Appendix C or such similar form
as may be provided by the Airport Director.
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SECTION 6
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
FLIGHT TRAINING
STATEMENT OF CONCEPT
A Flight Training Operator may provide instruction to pilots in dual and solo flight
training, in fixed wing aircraft, and any related ground school instruction as is necessary
for preparation to taking an FAA written examination and flight check ride for various
category or categories of pilot’s licenses and ratings.
MINIMUM STANDARDS
1. Facilities. The Operator shall lease from the City an area of sufficient size,
shape, and location to provide sufficient area to accommodate all of the
Operator’s activities and operations as described below. The Operator shall
provide at a minimum:
a. At least 1,000 square feet of floor space for an office, shop, restrooms,
customer lounge, classroom, and briefing room space to support flight-
training activities.
b. For aircraft using a hangar, sufficient area for parking the Operator’s
aircraft.
c. For aircraft not using a hangar, tie -down spaces of sufficient area for
parking the Operator’s aircraft.
d. Sufficient automobile parking space to accommodate employees and
customers parking with no on-street parking.
e. Paved walkways with all points of access conforming to the criteria
specified in the Americans with Disabilities Act (ADA) as required by the
act will be provided by the Operator.
f. Copies of all applicable federal, state and local licenses to operate a flight
training facility, including but not limited to any approvals required under
14 CFR Part 61 or 14 CFR Part 141.
2. Equipment. The Operator shall have available for use in flight training, either
owned or under written lease to the Operator, not less than two (2) properly
certificated aircraft, at least one (1) of which must be equipped for and capable of
use in instrument flight instruction, unless the Operator is only providing sport
pilot training.
3. Personnel. The Operator shall have on duty, on a full -time basis, at least one (1)
flight instructor who is currently certificated by the FAA to provide the type of
flight training offered; and shall have available for call, on a part -time basis, at
least one (1) flight instructor who is currently certified by the FAA to provide the
type of flight training offered. The Operator shall provide a currently certified
ground school instructor as needed; this requirement may be satisfied by a
certificated flight instructor with appropriate experience in ground school
teaching. The Operator shall have its premises open and services available in
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day and night hours as necessary to meet demand for training, and shall have an
employee in the facility at all times that flight or ground training is being
conducted.
4. Maintenance of Aircraft and Space for Maintenance. If the Operator is
conducting Aircraft Maintenance on Aircraft owned or leased or operated by (and
under the full and exclusive control of) the Operator, then the Operator must
lease at least 1,500 square feet of hangar space for such Aircraft Maintenance,
including employee work areas, shop areas, and storage.
5. Insurance Requirements. The Operator shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 of these Minimum
Standards and its Lease with or Non -Exclusive License from the City.
6. Airport Security. The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
7. Required Fees and Payments. The Operator may be required to pay other
required fees and payments as specified in the Operator's Lease with or Non-
Exclusive License from the City.
8. Fly Neighborly Program. The Operator shall maintain on its premises copies of,
and shall provide to each person being trained, a Pilot’s Guide for the type of
aircraft on which the person is being trained (fixed wing, jet, or helicopter), in the
form attached as Appendix C or such similar form as may be provided by the
Airport Director.
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SECTION 7
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
AIRCRAFT MAINTENANCE AND REPAIR STATIONS
STATEMENT OF CONCEPT
An Aircraft Repair Station Operator provides maintenance, repair, rebuilding, alteration
or inspection of aircraft or any of their component parts. Two types of Aircraft Repair
Station Operators are permitted at the Airport: (1) Aircraft Repair Stations and (2) Minor
and Specialized Maintenance and Repair Operators.
An Aircraft Repair Station must be certificated by the FAA under FAR Part 145 to
perform aircraft maintenance and shall provide only those maintenance and inspection
services permitted by its FAA certification. An Aircraft Repair Station Operator may also
sell aircraft parts and accessories on a non -exclusive basis.
A Minor and Specialized Maintenance and Repair Operator may provide either or both of
the following types of maintenance and repair services:
a. A Minor Maintenance and Repair Operator may provide aircraft airframe and
engine inspection, maintenance and repair on general aviation aircraft that is not
required to be performed by a Repair Station certificated under 14 CFR Part 145.
Services may include minor aircraft airframe and engine inspection, maintenance
and repair, and sale of incidental parts and accessories.
b. A Specialized Minor Aircraft Maintenance and Repair Operator may provide
maintenance and repair of aircraft radios, propellers, instruments, and
accessories for general aviation aircraft. This category shall include the sale of
new and/or used aircraft radios, propellers, instruments, and accessories on a
non-exclusive basis.
MINIMUM STANDARDS
1. Hangars and Shops. The Operator shall lease a hangar or shop facilities of at
least 5,000 square feet to conduct its business.
2. Aircraft Apron. If necessary for its operations, the Operator shall lease at least
4,000 square feet of paved aircraft parking and storage area to support its
activities, unless the City agrees in writing to a lesser leased area.
3. Aircraft Service Equipment.
a. Aircraft Repair Station Operators shall at all times maintain an adequate
supply of all necessary parts, equipment and accessories as needed for
its business operations.
b. Minor and Specialized Maintenance and Repair Operators shall provide
sufficient equipment, supplies and parts to provide minor repairs,
inspections and preventative Maintenance as defined in FAA regulations
at 14 CFR Part 43, including machine tools, jacks, lifts and testing
equipment.
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c. If the Operator is involved with moving aircraft, the Operator shall have,
lease or contract with an FBO at least one aircraft tug of sufficient power
or braking weight to handle any aircraft that the Operator is permitted to
service under the Operator’s FAA certificate.
d. The Operator shall own, lease or otherwise have available all of the tools
and equipment required under the Operator’s FAA certificate.’
4. Hours of Operation.
a. The Repair Station shall be open and have services available at least
eight (8) hours a day, five (5) days a week.
b. The Operator shall provide for services during off-hours through an “o n-
call” system.
5. Personnel and Training. In addition to the general personnel and training
requirements in Section 3 of these Minimum Standards:
a. The Operator shall have in its employ, and on duty during its hours of
operation under Section 7.4.a above, trained personnel in such numbers
as are required to meet contract requirements and FAA regulations, in a
safe and efficient manner, but never less than one (1) person who is an
employee of the Operator and is currently certified by the FAA with
ratings appropriate to the work being performed, and who holds an
airframe, power plant or an aircraft inspector rating. The requirements of
this subsection regarding inspector ratings shall not apply to radio shop
repair stations, if any.
b. During its hours of operation under Section 7.4.a above, the Operator
shall maintain a responsible person in charge to supervise its operations
on the Airport who has authority to represent and act for and on behalf of
the Operator.
c. All employees shall be suitably uniformed.
6. Insurance Requirements. The Operator shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 of these Minimum
Standards and its Lease with or Non -Exclusive License from the City.
7. Airport Security. The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
8. Required Fees and Payments. The Operator may be required to pay other
required fees and payments as specified in the Operator's Lease with or Non-
Exclusive License from the City.
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SECTION 8
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
SELF-SERVICE FUEL PUMPS
STATEMENT OF CONCEPT
A Commercial Self-Service Fuel Operator provides and operates a commercial self-
service fueling facility from which pilots may fuel their aircraft. A commercial self-service
fueling facility may or may not be attended. Commercial self -service fueling is distinct
from self-fueling, in which an aircraft owner or operator performs services on its Owned
Aircraft with its Own Employees and Own Equipment.
MINIMUM STANDARDS
1. Land. The Operator shall lease, at a minimum, 8,000 square feet to provide
sufficient land for a retail self-service aviation fueling pump and corresponding
underground fuel storage tank (or a retail self -service aviation fueling pump and
the installation of a new above -ground fuel storage tank), supporting reporting
equipment and credit card authorization, and to provide fueling and dispensing
services to customers.
2. Services. The Operator shall operate a commercial self -service fueling facility
and shall provide retail aviation fueling and dispensing services to Airport users,
including the retail distribution of either 100 low lead AvGas or unleaded AvGas
(once unleaded AvGas is commercially available and approved for use). The
City, in its discretion, may allow subcontracting for these services after reviewing
a request for approval in writing.
3. Equipment, Operations, and Spill Control.
a. Equipment. The Operator must demonstrate that it owns, leases or
otherwise has sufficient access to all equipment required to provide
storage and dispensing operations at the Airport. All equipment shall be
maintained and operated in accordance with Federal, State, City and
industry requirements, including ATA 103, NFPA 407, OSHA guidelines,
and Municipal Code 10.04.06.120.
b. Operating procedures. The Operator shall develop and maintain
Standard Operating Procedures (SOP) for fueling and shall ensure
compliance with all applicable federal, state and local requirements or
standards, including those set forth in Advisory Circular 150/5230 -4B -
Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports,
ATA 103, NFPA 407, OSHA guidelines, Municipal Code 10.04.06.120,
and ASTM best management practices. The SOP shall include the
following:
i. a training plan,
ii. fuel quality assurance procedures,
iii. a schedule for inventory, inspections, and maintenance
procedures;
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iv. record keeping procedures, and
v. emergency response procedures for fuel spills and fires,
including prevention measures;
vi. information regarding the control of access and security for fuel
and oil dispensing areas.
The SOP shall be submitted to the City not later than ten (10) business
days before the Operator commences operation at the Airport.
c. Spill Prevention and Containment. Prior to transporting or dispensing
aviation fuel or oil onto the Airport, the Operator shall provide the City with
a Spill Prevention Contingency and Control Plan (SPCC) that meets
regulatory requirements for fuel and oil storage facilities. An updated copy
of such SPCC Plan shall be filed with the City at least ten (10) business
days prior to actual implementation. Such plan shall describe, in detail,
those methods that shall be used by the Operator to clean up any
potentially hazardous fuel spills. The plan should include Equipment to be
used, emergency contact personnel and their telephone numbers, and all
other details as to how the Operator would contain such a spill. This plan
should also describe, in detail, what methods the Operator intends to use
to prevent any such spill from occurring.
4. Hours of Operation. The facilities shall be open and have services available
during the hours of 7 a.m. to 9 p.m. Monday thru Friday and from 8 a.m. to 9 p.m.
on Saturdays and Sundays.
5. Personnel and Training. In addition to the general personnel and training
requirements in Section 3 of these Minimum Standards, the Operator shall have
in its employ, and on duty during business hours, trained personnel in such
numbers as are required to meet FAA regulations and any applicable terms
specified in the Operator’s Lease with or Non -Exclusive License from the City, in
a safe and efficient manner. All employees shall be suitably uniformed.
6. Insurance Requirements. The Operator shall provide evidence of insurance
coverage specified in Section 3.
7. Airport Security. The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
8. Permits. The Operator shall have, and shall make available to the City on
request, evidence of all federal, state and local licenses, certificates and permits
that are required.
9. Fuel Revenues and Flowage Fees. The Operator shall pay to the City on a
monthly basis two types of fees: percentage revenue and a fuel flowage fee.
These fees may be based on fuel sale revenues and amounts, and may be
specified in the Operator’s Lease with or Non -Exclusive License from the City.
The Operator also may be required to pay other required fees and payments as
specified in the Operator's Lease with or Non-Exclusive License from the City.
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SECTION 9
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
AIRCRAFT MANAGEMENT SERVICES
STATEMENT OF CONCEPT
An Aircraft Management Services Operator is a person, firm or corporation engaged in
the business of providing aircraft management including, but not limited to, flight
dispatch, flight crews, or aircraft maintenance coordination to the general public, under a
long-term contract. Management contracts must be in writing and must identify each
managed aircraft by registration number, type and model, and must be for a term of at
least six months. Contracts must be bona fide, exclusive and comprehensive, covering
all aspects of aircraft operation including, without limitation, fees and charges, insurance,
inspection, maintenance and repair during the term of the contract. Management
contracts may be “wet” or “dry,” and with or without crew.
MINIMUM STANDARDS
1. Facilities. The Operator shall lease adequate space and facilities at the Airport to
store park or hangar managed aircraft, to store equipment, to operate its
business, and to accommodate its employee parking requirements. Leased
space must include sufficient work space for any aircraft upon which
maintenance or repairs are being performed by the Operator.
2. Equipment. The Operator must have the use of sufficient and appropriate
equipment to serve the types of aircraft being managed. The Operator must
have computer hardware and accounting software adequate to provide
comprehensive records of all revenues and expenses of aircraft management as
well as required aircraft maintenance.
3. Hours of Operation. The Operator shall have services available as required by its
customers.
4. Personnel and Training. In addition to the general personnel and training
requirements in Section 3 of these Minimum Standards, the Operator shall have
trained and suitably uniformed personnel sufficient to provide services desired by
contract customers.
5. Insurance Requirements. The Operator shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 of these Minimum
Standards and its Lease with or Non -Exclusive License from the City.
6. Airport Security. Each The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
7. Required Fees and Payments. The Operator may be required to pay other
required fees and payments as specified in the Operator's Lease with or Non-
Exclusive License from the City.
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SECTION 10
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
AIR TRANSPORTATION ARRANGER
STATEMENT OF CONCEPT
An Air Transportation Arranger Operator is a person, firm or corporation, whether or not
certificated by the FAA, using the Airport as a base to engage in the business of
arranging commercial air transportation (persons or property) to the general public for
hire, which commercial air transportation is provided by one or more persons, firms or
corporations engaged in the business of providing commercial air transportation
(persons or property) to the general public for hire under FAR Part 135 or any other
section of the FAR (the “Contracted Carrier”).
MINIMUM STANDARDS
1. Facilities or License.
a. If providing facilities for customer use at the Airport through either an FBO
or a Contracted Carrier operating at the Airport pursuant to Section 5 of
these Minimum Standards, the Operator shall provide the Airport Director
with documentation confirming the FBO’s or Contracted Carrier’s
agreement to provide such facilities and establishing that the FBO or
Contracted Carrier has complied with all the terms of its Iease with the
Airport and all applicable provisions of these Minimum Standards, and,
upon a determination by the Airport Director that these requirements have
been satisfied, shall enter into a Non-Exclusive License with the City for
provision of services.
b. Otherwise, the Operator shall lease from the City an area of sufficient
size, shape, and location as mutually agreed upon to provide at least
1,000 square feet of floor space for office, restrooms, and customer
lounge for customer use, in accordance with the requirements set forth in
Section 5.1.b of these Minimum Standards.
2. Contracted Carrier Compliance. The Operator shall provide the City with
documentation establishing that each Contracted Carrier operating a t the Airport
pursuant to Section 5 of these Minimum Standards satisfies the requirements set
forth in Sections 5.2 through 5.11 of these Minimum Standards and that any
other Contracted Carrier has all required FAA certifications and complies with all
applicable FAA regulations.
3. Reports. For each flight providing commercial air transportation to persons, the
Operator shall provide the Airport Director, upon request made within 180 days of
the flight, with a written report identifying the Contracted Carrier that provided the
flight and, if that Contracted Carrier is not operating at the Airport pursuant to
Section 5 of these Minimum Standards, stating the type of aircraft, number of
passenger seats, and number of passengers actually carried.
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4. Insurance Requirements. The Operator shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 and Appendix B
of these Minimum Standards and its Lease with or Non -Exclusive License from
the City.
5. Airport Security. The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
6. Required Fees and Payments. The Operator may be required to pay other
required fees and payments as specified in the Operator's Lease with or Non-
Exclusive License from the City.
7. Fly Neighborly Program. For any flight provided by a Contracted Carrier that is
not operating at the Airport pursuant to Section 5 of these Minimum Standards,
the Operator shall provide to the pilot of that flight a Pilot’s Guide for the type of
aircraft being flown by that pilot (fixed wing, jet, or helicopter), in the form
attached as Appendix C or such similar form as may be provided by the Airport
Director.
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SECTION 11
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:
AIRCRAFT SALES OPERATOR
STATEMENT OF CONCEPT
An Aircraft Sales Operator is an Operator engaged in the sale of more than three new or
used Aircraft during a 12-month period. This excludes individuals selling personally
owned Aircraft, unless the individual purchased the Aircraft for the primary purpose of
resale.
MINIMUM STANDARDS
1. Facilities. The Operator shall lease adequate space and facilities at the Airport to
store, park or hangar Aircraft to be sold, to store equipment, to operate its
business, and to accommodate its employee parking requirements. Leased
space must include sufficient work space for any aircraft upon which
maintenance or repairs are being performed by the Operator.
2. Equipment, License and Certifications. The Operator shall have sufficient and
appropriate equipment to serve the types of aircraft being stored and sold as
appropriate for its business. If the Operator offers flight demonstration for Aircraft
offered for sale, then the Operator shall also be properly certificated by the FAA,
hold appropriate ratings and medical certifications for providing flight
demonstration, and employ personnel authorized to fly such Aircraft for such
demonstration purposes.
3. Hours of Operation. The Operators shall have services available as required by
its customers.
4. Personnel and Training. In addition to the general personnel and training
requirements in Section 3 of these Minimum Standards, the Operator shall have
trained personnel sufficient to provide services desired by customers.
5. Insurance Requirements. The Operator shall provide evidence of insurance
coverage in the types and with the limits specified by Section 3 of these Minimum
Standards and its Lease with or Non-Exclusive License from the City.
6. Airport Security. The Operator shall comply with all security requirements
specified by Section 3 or otherwise applicable as a matter of law.
7. Required Fees and Payments. The Operator may be required to pay other
required fees and payments as specified in the Operator's Lease with or Non-
Exclusive License from the City.
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SECTION 12
SPECIALIZED AERONAUTICAL SERVICE OPERATOR:
OTHER AERONAUTICAL SERVICES
STATEMENT OF CONCEPT
There may be other types of aeronautical services provided or to be provided at the
Airport that are not covered by the Minimum Standards set forth above and they may not
warrant the establishment of specific Minimum Standards at this time. Any existing
provider of such services must meet the general requirements of Section 3 of these
Minimum Standards.
1. Existing services not covered by specific category minimum standards.
a. Specialized Aeronautical Service Operators not covered by the specific
minimum standards in Sections 4 through 11 must meet all the
requirements of this section and Sections 3 and 14, including the
requirement that they have a Non-Exclusive License to provide services
at the Airport.
b. The City may require that the Operator lease space on the Airport.
c. Operators covered by this provision may be required to pay other
required fees and payments as specified in the Operator’s Lease with or
Non-Exclusive License from the City.
2. Application for new specialized aeronautical service operations. If and when an
applicant proposes to conduct a specialized aeronautical service that is not
currently conducted at the airport and is not covered by any of Sections 4
through 11 of these Standards, the City may adopt applicable Minimum
Standards for such service, taking into consideration the desires of the applicant,
the needs of the City and the need for such service at the Airport. At a minimum,
all aeronautical service providers at the Airport must comply with Section 3,
General Requirements.
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SECTION 13
SPECIAL RULES FOR A SASO CONDUCTING
MULTIPLE AERONAUTICAL SERVICES
STATEMENT OF CONCEPT
This section would apply to any Specialized Aeronautical Services Operator that
engages in any two (2) or more of the specialized aeronautical services for which
Minimum Standards have been developed. The sale of aviation fuels is not included in
this section because only FBOs are permitted to engage in the sale of aviation fuels.
MINIMUM STANDARDS
1. Land. If required by these Minimum Standards, the Operator shall lease, from the
City an area that is equal to the total area required by the sum of the minimum
land areas required under the individual specialized services the Operator is
providing.
2. Hangars and Other Buildings. If required by these Minimum Standards, this
Operator shall lease hangar facilities providing a total square footage that is
equal to the total area required by the sum of the minimum hangar size required
under the individual specialized ser vices the Operator is providing. The hangar
must have a door that meets the largest width and height requirements of the
individualized services the Operator is providing.
3. Aircraft Apron. If required by these Minimum Standards, the Operator shall lease
paved aircraft parking apron that provides a total square footage that is equal to
the total area required by the sum of the minimum apron areas required under
the individual specialized services the Operator is providing.
4. Hours of Operation. The Operator shall maintain the longest hours of operation
required elsewhere in these Minimum Standards for any of the aeronautical
services it provides.
5. Personnel. In addition to the general personnel and training requirements in
Section 3 of these Minimum Standards, the Operator shall have in its employ and
on duty during the appropriate business hours, suitably uniformed, trained
personnel in such numbers as are required to meet these Minimum Standards for
the aeronautical services to be provided. Multiple responsibilities may be
assigned to meet the personnel requirements for each specialized aeronautical
service being performed.
6. Equipment. The Operator shall provide all of the facilities, equipment and
services required to meet the Minimum Standards for each of the aeronautical
services it provides.
7. Insurance. The Operator shall obtain, as a minimum, that insurance coverage
which is equal to the highest single coverage requirement of all the aeronautical
services being performed by the Operator.
8. Required Fees and Payments. The Operator shall pay all fees applicable to each
and every service that it provides at the Airport.
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9. Applicability of Specific Provisions. The provision of multiple types of services by
the Operator shall not exempt the Operator from any of the requirements
otherwise applicable to each of the services provided.
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SECTION 14
RECOGNITION AND REGULATION
OF SELF-SERVICE AND SELF-FUELING RIGHTS
RIGHT TO SELF-SERVICE AND SELF-FUELING
An aircraft owner may perform services, including Self -Fueling, on the owner’s Own
Aircraft utilizing the aircraft owner’s Own Employees and Own Equipment.
In the interests of safety and fairness, a Person desiring to Self-Fuel must hold a current
Non-Commercial Annual Operational Permit from the Santa Monica Fire Department
and be granted Self-Fueling rights by the City in a Lease, Non-Exclusive License, or
Non-Commercial Self-Fueling Permit. Any Person not party to a Lease or Non-Exclusive
License granted by the City may only have permission to Self -Fuel such Person’s
Owned Aircraft if such Person (a) holds a valid and current Non -Commercial Self-
Fueling Permit from the City, and (b) is in and continues to be in compliance with all City,
state and federal requirements applicable to aircraft fuel handling practices.
If an aircraft owner does not exercise the right to Self-Fuel, that owner’s aircraft may be
fueled or otherwise serviced at the Airport only by those Operators authorized to provide
such services at the Airport under a Lease or Non-Exclusive License approved by the
City.
NON-COMMERCIAL SELF-FUELING PERMIT
1. General
A Person desiring to Self-Fuel that Person’s Owned Aircraft, and not holding Self-
Fueling rights under a Lease or Non-Exclusive License, shall have a reasonable
opportunity to qualify for and receive a Non -Commercial Self-Fueling Permit. Each
Person conducting non -commercial Self-Fueling at the Airport shall comply with the
following minimum standards. Any Person desiring to Self-Fuel its Owned Aircraft may
only do so using its Own Employees and its Own Equipment. Third -party employees
and equipment can never be used for Self-Fueling.
Self-service fueling by an aircraft owner or operator at an FBO’s self-service pump is not
Self-Fueling and does not require a Self-Fueling Permit.
2. Permit/Approval
a. No Person shall engage in Self-Fueling activities unless a valid Non-
Commercial Self-Fueling Permit authorizing such activity has been
obtained from the City.
b. The Permit shall not reduce or limit Permittee’s obligations with respect to
these Self-Fueling minimum standards, which shall be incorporated in the
Permit by reference.
c. An applicant for a Permit shall provide evidence that any aircraft to be
fueled by the applicant is an Owned Aircraft. At any time after a Permit is
issued, the Permittee, upon request by the Airport Director or delegee,
shall provide evidence that all aircraft being Self-Fueled are Owned
Aircraft.
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d. The Airport Director will make binding determinations about whether
specific aircraft qualify as Owned Aircraft for purposes of Self-Fueling.
e. A Person seeking to Self-Fuel on the basis of a Long Term Lease for any
aircraft must obtain insurance to cover all of its interest and activities with
respect to the leased aircraft or be a named insured under the policy of
the lessor and must attach true and correct copies of the lease and a
complying certificate of insurance to such Person’s application for a Non-
Commercial Self-Fueling Permit, as updated by such Person before there
are any changes in the aircraft such Person seeks to Self-Fuel.
f. A Person seeking to Self-Fuel aircraft on the basis of a Long Term
Management Contract for any aircraft must obtain insurance to cover all
of its interests and activities with respect to the aircraft or be named as an
insured under the policy of the aircraft owner and must attach true and
correct copies of the management contract and a complying certificate of
insurance to such Person’s application for a Non -Commercial Self-
Fueling Permit, as updated by such Person before there are any changes
in the aircraft such Person seeks to Self-Fuel.
g. A Person seeking to Self-Fuel using facilities or equipment that are under
a Long Term Lease or other written agreement must obtain insurance to
cover all of its interests and activities with respect to the subject of the
agreement or be a named insured under the policy of the equipment
owner and must attach true and correct copies of the agreement and a
complying certificate of insurance to such Person’s application for a Non-
Commercial Self-Fueling Permit as updated by that Person before there
are any changes in the facilities or equipment to be used for Self-Fueling
by such Person.
3. Fuel Storage and Delivery
a. Permittee shall arrange and demonstrate that satisfactory arrangements
have been made for the storage and delivery of fuel in accordance with
this Section 14.
b. Fuel Storage Facilities. A Permittee may be authorized to establish its
own fuel farm only with the advance written approval of the Airport
Director, which approval may be issued by the Airport Director only after
authorization by the City Council,. A Permittee authorized by the Cit y to
install its own fuel tank may lease land and construct or install an above-
ground fuel storage facility at a location approved by the Airport Director
in writing. If a request by the Permittee to use its own fuel farm is
approved by the Airport Director, after obtaining authorization from the
City Council, the following requirements will apply:
i. The Permittee shall lease sufficient land for installation of above-
ground fuel storage tanks to be constructed and operated on the
Permittee’s leased premises in compliance with all applicable
environmental requirements.
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ii. All fuel storage must be above -ground. In no event shall the total
storage capacity be less than 10,000 gallons for Jet Fuel or 2,500
gallons for Avgas.
iii. The fuel storage system must include adequate fuel spill
prevention features and containment capabilities, together with an
approved fuel spill containment and countermeasures control
plan, and shall be improved and upgraded as necessary to meet
all current EPA requirements for spill prevention, containment and
mitigation as they may be revised.
iv. The Permittee shall be required to undertake at its own expense
any environmental testing of its fuel facilities which the City may
reasonably request, on or off the Airport, and to take any remedial
actions determined to be necessary or appropriate as a result of
such testing. The right is reserved to the Airport Director to
disapprove installation of a new fuel farm if the facility would have
an adverse effect on safety or otherwise in the judgment of the
Airport Director not be in the interest of a safe and efficient airport
operation.
v. In no event shall fuel delivery trucks be used for fuel storage on
the Airport. Vehicles used to deliver fuel to the Airport will transfer
fuel to storage tanks or, if approved, directly to the Permittee’s fuel
dispensing trucks, and depart the Airport.
c. Permittee shall be liable and indemnify the City for all leaks, spills, or
other damage that may result through the handling and di spensing of fuel.
d. Fuel delivered shall be clean, bright, pure, and free of microscopic
organisms, water, or other contaminants. Ensuring the quality of the fuel
is the responsibility of Permittee.
4. Fueling Equipment
a. Permittee shall utilize a single mobile dispensing truck that has the
following minimum capacity: (1) for Avgas or jet fuel, 750 gallons; (2) for
MoGas, 80 gallons. Avgas or MoGas dispensing trucks shall have a
maximum capacity of 1,200 gallons and jet fuel dispensing trucks shall
have a maximum capacity of 3,000 gallons. All Refueling Vehicles shall
be capable of bottom loading, and turbine fuel dispensers must have
single point refueling capability.
b. Each Refueling Vehicle shall be equipped and maintained to comply at all
times with all applicable safety and fire prevention requirements or
standards, as may be amended, including without limitation, those
prescribed by:
i. National Fire Protection Association (NFPA) 407, OSHA
guidelines, the California Fire Code, and Municipal Code
10.04.06.120;
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ii. 14 CFR Part 139, Airport Certification, § 139.321
“Handling/Storing of Hazardous Substances and Materials”; and
iii. applicable FAA Advisory Circulars (AC) including AC 150/5210-
20, Ground Vehicle Operations on Airports”; and AC 150/5210-5D,
"Painting, Marking and Lighting of Vehicles Used On An Airport".
5. Spill Prevention and Containment. Prior to transporting Fuel onto the Airport, the
Permittee shall provide the City with a Spill Prevention Contingency and Control
Plan (SPCC) that meets regulatory requirements for above ground Fuel storage
facilities. An updated copy of such SPCC Plan shall be filed with the City at least
ten (10) business days prior to actual implementation. Such plan shall describe,
in detail, those methods that shall be used by the Permittee to clean up any
potentially hazardous Fuel spills. The plan should include Equipment to be used,
emergency contact personnel and their telephone numbers, and all other details
as to how the Permittee would contain such a spill. This plan should also
describe, in detail, what methods the Permittee intends to use to prevent any
such spill from occurring.
6. Operating procedures. In accordance with all applicable Regulatory Measures
and appropriate industry practices, the Permittee shall develop and maintain
Standard Operating Procedures (SOP) for fueling and shall ensure compliance
with standards set forth in NFPA 407, the California Fire Code, and Municipal
Code 10.04.06.120. The SOP shall include a training plan, fuel quality
assurance procedures, record keeping, and emergency response procedures for
fuel spills and fires. The SOP shall also address the following: (1) bonding and
fire protection, (2) public protection, (3) control of access to fuel dispensing
vehicle storage areas, and (4) marking and labeling of fuel dispensing vehicles.
The SOP shall be submitted to the City not later than ten (10) business days
before the Permittee commences Self-Fueling at the Airport.
7. Licenses, Certifications, and Permits. Per mittee shall have, and shall make
available to the City on request, evidence of all federal, state and local licenses,
certificates and permits that are required to conduct Self-Fueling.
8. Reporting
a. Permittee shall report all Fuel delivered to the approved Permittee’s fuel
storage facility, if any, and into Permittee’s Aircraft during each calendar
month and submit a summary report along with appropriate fees and
charges due the City on or before the 10th day of the subsequent month.
b. Permittee shall during the term of the Permit and for three (3) years
thereafter maintain records identifying the total number of aviation Fuel
gallons purchased and delivered. Records (and meters) shall be made
available for audit to the City or representatives of the Ci ty. In the case of
a discrepancy, Permittee shall promptly pay, in cash, all additional rates,
fees, and charges due the City, plus annual interest on the unpaid
balance at the lesser of 18% or the maximum rate allowable by law from
the date originally due.
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9. Personnel
a. Only the Permittee’s Own Employees may conduct Self-Fueling
operations on the Permittee’s aircraft. All Employees of the Permittee
conducting Self-Fueling must be properly trained in Aircraft refueling, in
compliance with 14 CFR § 139.321.
b. There must be a minimum of two (2) trained individuals present during
Self-Fueling activities.
10. Limitations on Self-Fueling Rights.
a. A Permittee may not sell or dispense fuels to based or transient aircraft
that are not Owned Aircraft of the Permittee. Any such sale or dispensing
shall be grounds for immediate revocation of the Permit. Revocation
upon first violation will be for a period of one (1) year. Revocation upon a
second violation shall be permanent.
b. Once unleaded Avgas is commercially available and approved for use,
self-fueling using leaded Avgas or MoGas will no longer be permitted.
11. Insurance. Except as otherwise provided for in these Minimum Standards,
Permittee shall maintain, at a minimum, the coverage s and policy limits set forth
in Appendix B – Insurance Requirements.
12. Required Fees and Payments. Fuel flowage fees and any other payments to be
made to the City by each Permittee will be set forth in the Permittee's Non-
Commercial Self-Fueling Permit and shall be reasonable and not unjustly
discriminatory.
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APPENDIX A
DEFINITIONS
The following terms shall have the following meanings:
AERONAUTICAL ACTIVITY – 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. Activities within this definition, commonly conducted on airports, include, but
are not limited to, the following: general and corporate aviatio n, air taxi and charter
operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum
products, repair and maintenance of aircraft, sale of aircraft parts, parachute or ultralight
activities, and any other activities that, because of their direct relationship to the
operation of aircraft, can appropriately be regarded as aeronautical activities.
AIRPORT – Santa Monica Airport (SMO).
AIRPORT DIRECTOR – the Airport Director of the Santa Monica Airport or the duly
authorized representative of the Airport Director.
AIRPORT USER – a person who operates an aircraft at the Airport.
AIR OPERATIONS AREA or AOA – that portion of the Airport used or intended to be
used for landing, take off or surface maneuvering of aircraft including the hangar and
cargo areas and aircraft parking aprons.
AIRPORT LEASING POLICY -- Santa Monica City Council Airport Leasing and
Licensing Policy (“Airport Leasing Policy”).
APRON or RAMP – those areas of the Airport within the AOA designated for the
loading, unloading, servicing, or parking of aircraft.
CITY – the City of Santa Monica, California. The City may delegate its powers to the
Airport Director or such other City staff member as the City may choose.
COMMERCIAL – conducted with the intent or purpose of generating or securing
earnings, income, compensation or profit, whether or not such objectives are
accomplished.
CONSENT DECREE – the Consent Decree between the City and the United States in
the U.S. District Court, City of Santa Monica v. United States, Dkt. No. 2:13-cv-08046
(C.D. Cal. 2017), dated January 31, 2017.
FAA – Federal Aviation Administration, or any successor agency.
FIXED BASE OPERATOR (FBO) – an operator that furnishes a full range of
aeronautical activities and services to the public, including fueling and line services to
General Aviation aircraft.
FUELING OPERATIONS – the receipt, storage, handling, movement, delivery and
dispensing of fuel for aircraft at the Airport, including the installation, use and
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maintenance of fueling equipment, and the operations and supervision of all personnel
engaged in fueling activities.
GENERAL AVIATION – all aviation operating under FAR Part 91 (with the exception of
government aircraft operations) and FAR Part 135 operations to the extent permitted in
these Minimum Standards.
INDIVIDUAL – An Operator’s agent, employee, supplier, contractor, tenant, invitee or
other party that has been granted access to the Operator’s premises.
LEASE – an agreement with the City for the exclusive use of designated airport land
and/or facilities.
LONG TERM LEASE – a written lease for one or more aircraft, with adequate
consideration, for a term of at least six months and terminable within six months only for
cause which provides that the primary care, custody and control of the aircraft is in the
Person applying to conduct Self-Fueling Operations and contains substantially all terms
and conditions standard in the industry for that type of lease.
LONG TERM MANAGEMENT CONTRACT – a written management contract for
specified aircraft, with adequate consideration, for a term of at least six months and
terminable within six months only for cause which provides that the primary care,
custody and control of the aircraft is in the Person applying to conduct Self-Fueling
Operations and contains substantially all terms and conditions standard in the industry
for that type of contract. The management contract must provide that the Person
applying to conduct Self-Fueling Operations is responsible for all maintenance, all pilot
service, and all scheduling of the aircraft that are subject to the managements contract.
MUNICIPAL CODE – the City of Santa Monica Municipal Code.
NON-COMMERCIAL SELF-FUELING PERMIT – a written document issued by the City
authorizing Self-Fueling at the Airport.
NON-EXCLUSIVE LICENSE – an agreement with the City granting permission for the
conduct of specified commercial aeronautical services on the Airport, but not granting
an exclusive right to provide those services or the exclusive use of any Airport property
or facilities.
OPERATOR – a person or persons, firm, company, joint venture, partnership or
corporation using the Airport as a base for any Commercial Aeronautical Activity.
OWNED AIRCRAFT – for FAA Part 91 or Part 135 operators, aircraft listed on that
operator’s then-current Part 91 or Part 135 Certificate and for all other operators: aircraft
used exclusively by that Person and titled and registered with the FAA in that Person’s
own name; aircraft used by that Person as lessee under a Long Term Lease, or aircraft
used by that Person under a Long Term Management Contract.
OWN EMPLOYEES – employees of the Person applying to conduct Self-Fueling
Operations for whom all state and federal employment taxes are paid by that Person.
OWN EQUIPMENT – facilities or equipment that is used exclusively by and titled in the
name of the Person applying to conduct Self-Fueling Operations or is used by that
Person subject to a Long Term Lease or written purchase, financing or use agreement
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for such facilities or equipment, with adequate consideration, for a term of at least six
months and terminable within six months only for cause which provides that the
primary care, custody and control of the facilities or equipment is in the Person applying
to conduct Self-Fueling Operations and contains substantially all terms and conditions
standard in the industry for that type of agreement.
PERMITTEE – a Person who has been issued and holds a valid and current Non-
Commercial Self-Fueling Permit.
PERSON – an Individual, firm, company, joint venture, partnership or corporation.
REPAIR STATION – a facility utilized for the repair of aircraft approved and certificated
by the FAA under 14 CFR Part 145. Activities may include repair and maintenance of
airframes, power plants, propellers, radios, instruments and accessories.
SELF-FUELING – a Person’s conduct of Fueling Operations for that Person’s Own
Aircraft, using that Person’s Own Equipment and conducted by that Person or the
Person’s Own Employees. Self-fueling may be permitted by a Lease or Non-Exclusive
License authorizing commercial services or by a Non -Commercial Self-Fueling Permit.
SPECIALIZED AERONAUTICAL SERVICES OPERATOR (SASO) – an Operator that
is authorized to engage in one or more of the following specialized aeronautical support
services:
a. Aircraft Charter and Air Taxi
b. Flight Training
c. Aircraft Maintenance and Repair Stations
d. Self-Service Fuel Pumps
e. Aircraft Management
f. Air Transportation Arranger
g. Aircraft Sales Operator
h. Other Aeronautical Services
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APPENDIX B
INSURANCE REQUIREMENTS AND STANDARDS
#
The City has established the following minimum insurance requirements and standards
for Operators providing commercial aeronautical services at the Santa Monica Municipal
Airport:
A. The Operator shall procure and maintain at its own expense for the duration of the
Operator’s activities and/or use of leased premises at the Airport insurance as set
out in the Minimum Insurance Requirements Matrix (Appendix B-1) against claims
for injuries to persons or damages to property that may arise from or in connection
with activities and/or the use of leased premises at the Airport by the Operator, its
agents, representatives, employees or subcontractors.
B. If the Operator maintains broader coverage or higher limits than the minimums
required in Appendix B-1, the City of Santa Monica requires and shall be entitled
to any broader coverage and higher limits maintained by the Operator. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City of Santa Monica.
C. The insurance policies are to contain, or be endorsed to contain, the following
provisions:
i. Additional Insured Status: The City of Santa Monica, its officers, officials,
employees and volunteers are to be covered as additional insureds on the
CGL policy with respect to liability arising out of the use, occupancy,
operations or maintenance of leased premises, including work or
operations performed on behalf of the Operator.
ii. Primary Coverage: For any claims related to Operator’s activities and/or
use of leased premises at the Airport, the Operator’s insurance shall be
primary coverage at least as broad as Insurance Services Offices Form CG
20 01 04 13 as respects the City of Santa Monica, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by
the City of Santa Monica, its officers, officials, employees or volunteers
shall be in excess of the Operator’s insurance and shall not contribute with
it.
iii. Notice of Cancellation: Each insurance policy required herein shall state
that coverage shall not be cancelled except after notice has been given to
the City of Santa Monica.
iv. Waiver of Subrogation: Operator hereby grants to the City of Santa
Monica a waiver of any right of subrogation which any insurer of said
Operator may acquire against the City of Santa Monica by virtue of
payment of any loss. Operator agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision applies
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regardless of whether or not the City of Santa Monica has received a waiver
of subrogation endorsement from the insurer.
v. Claims Made Policies: If the pollution liability policy provides “claims
made” coverage: the Retroactive Date must be shown and must be before
the commencement of the Operator’s lease; the insurance must be
maintained and evidence of insurance must be provided for at least 3 years
after the expiration of the Operator’s lease; and if the policy is cancelled or
not renewed, and not replaced with another “claims made” policy form with
a Retroactive Date prior to the effective date of the lease, the Operator
must purchase “extended reporting” coverage for a minimum of 3 years
after lease expiration.
vi. Indemnification and Hold Harmless. Operator shall defend, indemnify,
save, protect, and hold harmless the City of Santa Monica, the Santa
Monica Airport, the Santa Monica Airport Commission, and the Santa
Monica City Council, individually and collectively, and their representatives,
officers, officials, employees, agents, and volunteers from any and all
claims, demands, damages, fines, obligations, suits, judgments, penalties,
causes of action, losses, liabilities, administrative proceedings, arbitration,
or costs at any time received, incurred, or accrued by the City of Santa
Monica, the Santa Monica Airport, the Santa Monica Airport Commission,
and the Santa Monica City Council, individually and collectively, and their
representatives, officers, officials, employees, agents, and volunteers as a
result of, or arising out of Operator's activities, actions, or inactions. In the
event a party indemnified hereunder is in part responsible for the loss, the
indemnitor shall not be relieved of the obligation to indemnify; however, in
such a case, liability shall be shared in accordance with California
principles of comparative fault.
Operator shall accept total responsibility, defend, indemnify, save, protect,
and hold harmless the City of Santa Monica, the Santa Monica Airport, the
Santa Monica Airport Commission, and the Santa Monica City Council,
individually and collectively, and their representatives, officers, officials,
employees, agents, and volunteers in the event of an environmental
contaminating accident or incident caused by Operator, its employees, its
vendors or any other personnel used by the Operator to maintain
Operator's improvements, vehicles, equipment, or aircraft.
Nothing herein shall constitute a waiver of any protection available to the
City and the City Council, individually and collectively, and its
representatives, officers, officials, employees, agents and volunteers under
the State of California’s governmental immunity act or any similar doctrine
or statutory provision.
D. All insurance shall be placed with insurers authorized to conduct business in
California with a current A.M. Best rating of no less than A:VII, unless otherwise
acceptable to the City of Santa Monica.
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E. Operator shall furnish the City of Santa Monica with original certificates and
amendatory endorsements (or copies of the applicable policy language effecting
coverage provided by this clause). All certificates and endorsements are to be
received and approved by the City of Santa Monica before the lease commences.
However, failure to obtain required documents prior to the work beginning shall not
waive the Operator’s obligation to provide them. The C ity of Santa Monica reserves
the right to require complete, certified copies of all required insurance policies,
including the endorsements required herein, at any time.
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APPENDIX B-1
MINIMUM INSURANCE REQUIREMENTS MATRIX ¹
Insurance Requirements
FBO
Aircraft
Charter/Air Taxi
Flight Training
Aircraft Repair &
Maintenance
Aircraft
Management
Services
Self Service
Fuel Pump
Self Service
Fuel Permit
Air
Transportation
Arrangers
Aircraft Sales
Notes
Airport Liability Insurance (per
occurrence) $5 million N/A N/A N/A N/A N/A N/A N/A N/A Coverage shall include products & completed operations, bodily injury, personal injury and property damage including non‐
owned aircraft liability.
• Additional Insured Endorsement Yes N/A N/A N/A N/A N/A N/A N/A N/A
Commercial General Liability (per
occurrence) N/A $2 million $2 million $2 million $2 million $2 million $2 million $1 million $2 million Coverage shall include bodily injury, personal injury, property damage, and products & completed operations.
• Additional Insured Endorsement N/A Yes Yes Yes Yes Yes Yes Yes Yes
Auto Liability (per accident) $2 million $1 million $1 million $1 million $1 million $1 million $1 million $1 million $1 million Coverage shall include bodily injury & property damage for all vehicles (owned, non‐owned, or hired vehicles).
Hangar Keepers Liability (largest
aircraft accommodated) ²
• Piston Aircraft (each aircraft,
per occurrence)
$250,000 /
$500,000
$250,000 /
$500,000
$250,000 /
$500,000 $250,000 / $500,000 $250,000 / $500,000 N/A N/A N/A $250,000 /
$500,000 Coverage shall include property damage for all non‐owned aircraft under the care, custody & control of the Operator. ²
• Turboprop Aircraft (each
aircraft, per occurrence)
$1 million / $2
million
$1 million / $2
million
$1 million / $2
million
$1 million / $2
million
$1 million / $2
million N/A N/A N/A $1 million / $2
million Coverage shall include property damage for all non‐owned aircraft under the care, custody & control of the Operator. ²
• Turbine Aircraft (each aircraft,
per occurrence)
$2.5 million / $5
million
$2.5 million / $5
million
$2.5 million / $5
million
$2.5 million / $5
million
$2.5 million / $5
million N/A N/A N/A $2.5 million /
$5 million Coverage shall include property damage for all non‐owned aircraft under the care, custody & control of the Operator. ²
Aircraft Liability (each aircraft, per
occurrence)
• Piston Aircraft N/A $1 million $1 million N/A $1 million N/A N/A N/A $1 million Coverage shall include bodily injury and property damage for owned, leased, or operated aircraft.
• Turboprop Aircraft N/A $5 million N/A N/A $5 million N/A N/A N/A $5 million Coverage shall include bodily injury and property damage for owned, leased, or operated aircraft.
• Turbine Aircraft N/A $10 million N/A N/A $10 million N/A N/A N/A $10 million Coverage shall include bodily injury and property damage for owned, leased, or operated aircraft.
• Additional Insured Endorsement N/A Yes Yes N/A Yes N/A N/A N/A Yes
Non‐Owned Aircraft Liability (each
aircraft, per occurrence) ᶾ
• Piston Aircraft N/A $1 million $1 million N/A $1 million N/A N/A $1 million $1 million Coverage shall include bodily injury and property damage for non‐owned aircraft. ᶾ
• Turboprop Aircraft N/A $5 million N/A N/A $5 million N/A N/A $5 million $5 million Coverage shall include bodily injury and property damage for non‐owned aircraft. ᶾ
• Turbine Aircraft N/A $10 million N/A N/A $10 million N/A N/A $10 million $10 million Coverage shall include bodily injury and property damage for non‐owned aircraft. ᶾ
• Additional Insured Endorsement N/A Yes Yes N/A Yes N/A N/A Yes Yes
Pollution Liability Insurance (per
occurrence)
$2 million
N/A
N/A
N/A
N/A
$2 million
$21 million
N/A
N/A
Property Insurance (Personal
Property/Improvements)
Replacement
Cost
Replacement
Cost
Replacement
Cost Replacement Cost Replacement Cost Replacement
Cost
Replacement
Cost
Replacement
Cost
Replacement
Cost
• Business Interruption
Endorsement 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year
Workers' Compensation As Required By
Law
As Required By
Law
As Required By
Law As Required By Law As Required By Law As Required By
Law
As Required By
Law
As Required By
Law
As Required By
Law
• Waiver of Subrogation Yes Yes Yes Yes Yes Yes Yes Yes Yes
¹ The requirements/limits contained in this document will be evaluated annually and modified as appropriate to reflect change s in insurance industry standards (i.e., limits and coverage) and/or to address new or changing risks.
² Hanger Keepers Liability is not required if all aircraft are owned by the operator; lease -back aircraft are considered owned aircraft.
ᶾ Non-owned Aircraft Liability is not required for aircraft sales if operator is selling only its owned aircraft – or – for Aircraft Charter/Air Taxi or Flight Training if operators are operating only their owned aircraft.
5.A.b
Packet Pg. 76 Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City
compiles and maintains certain information. That information includes the name of any
person or persons who is seeking a “public benefit.” If the “public benefit” is sought by
an entity, rather than an individual person, the information includes the name of every
person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten
percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-
month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000
over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any
12-month period;
5. Land use variance, special use permit, or other exception to an established land
use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-
month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-
month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________
Signature: ______________________________________ Date: ________________
Email: ____________________________________ Phone: ____________________
FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
5.A.c
Packet Pg. 77 Attachment: Aeroplex Group Partners, LLC OAKS_20230206 (5480 : Award RFP for Airport Commercial Real Estate Services)