Chapter 16.06

GENERAL AVIATION MINIMUM STANDARDS

• (a) The purpose of these General Aviation Minimum Standards (Minimum Standards) is to encourage, promote, and ensure: (1) the delivery of high quality General Aviation products, services, and facilities to Airport users; (2) the design and development of quality General Aviation Improvements and facilities at the Airport; (3) safety and security; (4) the economic health of General Aviation Airport businesses; and (5) the orderly development of Airport Property. To this end, all entities desiring to engage in General Aviation Aeronautical Activities at the Airport shall be accorded reasonable opportunities, without unjust discrimination, to engage in such Activities, subject to these Minimum Standards.

• (b) Aeronautical Activities may be proposed that do not fall within the categories designated herein. In any such cases, appropriate Minimum Standards shall be established by the Director of Aviation on a case by case basis for such Activities and incorporated into the Operator's Agreement or Permit.

• (c) Specialized Aviation Service Operators (SASO) are encouraged to be Sublessees of a Fixed Base Operator (FBO); however, if suitable land or Improvements are not available or cannot be secured from an FBO, SASOs may (if available) Sublease Improvements from another SASO, lease land from the City and may submit a request in writing to the City to construct Improvements on such land in such areas designated by the City, or lease available Improvements from the City.

• (Ord. 1693 § 2, 2006)

• (a) In accordance with the Airport Assurances given to the federal or state government by the City as a condition to receiving federal or state funds, the granting of rights or privileges to engage in Commercial Aeronautical Activities shall not be construed in any manner as affording an Operator any Exclusive Right, other than the exclusive use of the land and/or Improvements that may be leased to the Operator, and then only to the extent provided in an Agreement.

• (b) The presence on the Airport of only one entity engaged in a particular Commercial Aeronautical Activity does not, in and of itself, indicate that an Exclusive Right has been granted. It is the policy of the City not to enter into or promote an understanding, commitment, or express agreement to exclude other reasonably qualified entities. Accordingly, those who desire to enter into an Agreement or Permit with the City should neither expect nor request that the City exclude others who also desire to engage in the same or similar Activities. The opportunity to engage in a Commercial Aeronautical Activity shall be made available to those entities meeting the qualifications and the requirements set forth in these Minimum Standards and as space may be available at the Airport to support such Activity provided such use is consistent with the current and planned uses of Airport land and Improvements and is in the best interest of the City.

• (c) If the FAA determines that any provision of these Minimum Standards (or any Agreement or Permit) or any practice constitutes a grant of a prohibited Exclusive Right, such provision (or Agreement or Permit) shall be deemed null and void and/or such practice

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.06.010

§ 16.06.020

shall be discontinued immediately.

• (Ord. 1693 § 2, 2006)

• (a) These Minimum Standards specify the standards and requirements that must be met by any entity desiring to engage in one or more General Aviation Aeronautical Activities at the Airport. Throughout these Minimum Standards, the words "standards" or "requirements" shall be understood to be modified by the word "minimum" except where explicitly stated otherwise. Any required determinations, interpretations, or judgments regarding what constitutes an acceptable Minimum Standard, or regarding compliance with such standard, shall be made by the Director of Aviation. All entities are encouraged to exceed the applicable Minimum Standards. No entity shall be allowed to engage in Aeronautical Activities at the Airport under conditions that do not, in the City's discretion, meet these Minimum Standards.

• (b) These Minimum Standards shall apply to any new Agreement or Permit or any amendment to any existing Agreement or Permit relating to the occupancy and/or use of Airport land and/or Improvements for General Aviation Aeronautical Activities. If an entity desires, under the terms of an existing Agreement or Permit, to change its Aeronautical Activities, the City shall, as a condition of its approval of such change, require the entity to comply with these Minimum Standards.

  • (1) These Minimum Standards shall not affect any Agreement or Permit or amendment to such Agreement or Permit properly executed prior to the date of promulgation of these Minimum Standards except as provided for in such Agreement or Permit, in which case these Minimum Standards shall apply to the extent permitted by such Agreement or Permit.

  • (2) Upon termination of an existing Agreement or Permit or any amendment to or assignment of an existing Agreement or Permit, Operator shall be required to comply with these Minimum Standards upon execution of a new Agreement or Permit.

  • (3) These Minimum Standards shall not be deemed to modify any existing Agreement or Permit under which an entity is required to exceed these Minimum Standards, nor shall they prohibit the City from entering into or enforcing an Agreement or Permit that requires an entity to exceed the Minimum Standards.

• (c) If these Minimum Standards are amended after Operator enters into an Agreement or Permit with the City, the Operator shall not be required to increase Operator's Leased Premises or construct additional Improvements to be in compliance with the amended Minimum Standards until such time as Operator amends the existing Agreement (or makes an assignment to another entity acceptable to the City) or Permit or enters into a new Agreement or Permit.

• (d) All Operators engaging in Aeronautical Activities at the Airport shall meet or exceed the requirements of this chapter as well as the Minimum Standards applicable to the Operators Activities, as set forth in Chapters 16.06.08 through 16.06.030 inclusive.

• (Ord. 1693 § 2, 2006)

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City of Palm Springs, CA § 16.06.020

PALM SPRINGS CODE

§ 16.06.035

Operator shall, in the judgment of the City, demonstrate before and during the term of the Agreement or Permit, the following:

• (1) The capability of providing the proposed products, services, and facilities and engaging in the proposed Activities in a safe efficient, courteous, prompt, and workmanlike manner in service to and to the benefit of the general public; and

• (2) The financial and technical responsibility, capability, and integrity to develop and maintain Improvements; procure and maintain required Vehicles, Equipment, and/or Aircraft; employ the appropriate number of qualified and experienced personnel; and engage in the Activity.

• (Ord. 1693 § 2, 2006)

• (a) No entity shall engage in an Activity unless the entity has an Agreement or Permit with the City authorizing such Activity or the entity has received written approval from the City to Sublease land or Improvements from an authorized Operator and conduct the Activity at the Airport.

• (b) An Agreement or Permit shall not reduce or limit Operator's obligations with respect to these Minimum Standards.

• (Ord. 1693 § 2, 2006)

• (a) Operator shall pay the rents, fees, or other charges specified by the City for engaging in Activities.

• (b) Operator's failure to remain current in the payment of any and all rents, fees, charges, and other sums due to the City shall be grounds for revocation of the Agreement, Permit, or approval authorizing the conduct of Activities at the Airport.

• (Ord. 1693 § 2, 2006)

• (a) Operator shall lease or Sublease sufficient land and/or lease, Sublease, or construct sufficient Improvements for the Activity as stipulated in these Minimum Standards.

• (b) Leased Premises that are used for Commercial purposes and require public access shall have direct public streetside access.

• (c) Aprons/paved Tiedowns (if required) must be adequate size and weight bearing capacity to accommodate the movement, staging, and Parking of Operators, Operators Sublessees', and customers' Aircraft without interfering with the movement of Aircraft in and out of other facilities and Aircraft operating to/from/on Taxilanes or Taxiways.

• (d) Aprons associated with hangars shall be equal to one and one half times the hangar square footage (unless otherwise specified in the title) or be able to accommodate the movement of Aircraft into and out of the hangar, staging, and Parking of customer and/or Operator Aircraft without interfering with the movement of Aircraft in and out of other facilities and

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.06.035

§ 16.06.055

Aircraft operating to/from/on Taxilanes or Taxiways, whichever requirement is greater.

• (e) Paved Vehicle Parking shall be sufficient to accommodate all of Operator's and Operator's Sublessees' (if Subleasing facilities) customers, employees, visitors, vendors, and suppliers Vehicles on a daily basis.

• (f) Paved Vehicle Parking shall be on Operators Leased Premises and/or located in close proximity to Operator's main facility.

• (g) On street Vehicle Parking is not allowed.

• (Ord. 1693 § 2, 2006)

• (a) Products, services, and facilities shall be provided on a reasonable, and not unjustly discriminatory, basis to all consumers and users of the Airport.

• (b) Operator shall charge reasonable, and not unjustly discriminatory, prices for each product, service, or facility, provided that, Operator may be allowed to make reasonable discounts, rebates, or other similar types of price reductions to volume purchasers.

• (c) Operator shall conduct its Activities on and from the Leased Premises in a safe, secure, efficient, and first class professional manner consistent with the degree of care and skill exercised by experienced operators providing comparable products, services, and facilities and engaging in similar Activities from similar Leased Premises in like markets.

• (Ord. 1693 § 2, 2006)

Operator shall not discriminate against any person or class of persons by reason of race, creed, color, national origin, sex, age, or physical handicap in providing any products or services or in the use of any of its facilities provided for the general public, or in any manner prohibited by applicable Regulatory Measures including without limitation Part 21 of the Rules and Regulations of the office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964, as amended or reenacted.

(Ord. 1693 § 2, 2006)

• (a) Operator and Operator's personnel shall obtain and comply with, at Operator's sole cost and expense, all necessary licenses, Permits, certifications, or ratings required for the conduct of Operator's Activities at the Airport as required by the City or any other duly authorized Agency prior to engaging in any Activity at the Airport. Upon request, Operator shall provide copies of such licenses, Permits, certifications, or ratings to the Director of Aviation within ten business days.

• (b) Operator shall keep in effect and post in a prominent place, readily accessible to the general public, all necessary or required licenses, Permits, certifications, or ratings.

• (Ord. 1693 § 2, 2006)

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 16.06.055

§ 16.06.070

• (a) The person managing the Operator's Activities shall demonstrate experience managing a comparable Activity.

• (b) Operator shall provide a responsible person on the Leased Premises to supervise Activities and such person shall be qualified and authorized to represent and act for and on behalf of Operator during all hours of Activities with respect to the method, manner, and conduct of the Operator and Operator's Activities. When such responsible person is not on the Leased Premises, such individual shall be immediately available by telephone or pager.

• (c) Operator shall have in its employ, on duty, and on the Leased Premises during hours of Activity, properly trained, qualified, and courteous personnel in such numbers as are required to meet these Minimum Standards and to meet the reasonable demands of the aviation public for each Activity being conducted in a safe, secure, efficient, courteous, and prompt manner.

• (d) Operator shall control the conduct, demeanor, and appearance of their employees. It shall be the responsibility of the Operator to maintain close supervision over Operator's Employees to ensure that a high standard (quality) of products, services, and facilities are provided in a safe, secure, efficient, courteous, and prompt manner.

• (Ord. 1693 § 2, 2006)

• (a) All required Aircraft, Equipment, and Vehicles must be fully operational/functional and available at all times and capable of providing all required products and services.

• (b) Aircraft, Equipment, and Vehicles can be temporarily unavailable due to routine or emergency maintenance so long as appropriate measures are taken to return the Aircraft, Equipment, or Vehicle to service as soon as possible.

• (c) Operator shall have a least one required Aircraft, Equipment, and/or Vehicle in a fully operational/functional condition at all times.

• (Ord. 1693 § 2, 2006)

Hours of Activity shall be clearly posted in public view using appropriate (and professional) signage approved in advance by the Director of Aviation. (Ord. 1693 § 2, 2006)

• (a) Operator shall fully comply with the City of Palm Springs, Department of Aviation's Airport Security Program (ASP).

• (b) Operator shall designate a responsible person for the coordination of all security procedures and communications and provide point of contact information to the Airport Security Coordinator including the name of the primary and secondary contacts and twenty-four hour telephone numbers for both contacts.

• (c) Operator shall develop and maintain a written Security Plan which shall include, at a minimum, the following elements:

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.06.070

§ 16.06.070

• (1) Procedures for securing facilities, Vehicles, Equipment, and Aircraft during hours of operation and after hours;

• (2) Employee background checks as required by the ASP and security awareness training including procedures for reporting suspicious personnel or situations to the proper law enforcement agencies;

• (3) Customer, visitor, and baggage identification;

• (4) Procedures for preventing tampering of Aircraft;

• (5) Procedures for handling threats by phone and in person;

• (6) Procedures for controlling access to Operator's Leased Premises and ensuring that Vehicles and personnel allowed to access through Operator's access point(s) are authorized and properly identified, or they are handled under an escort procedure approved by the Airport Security Coordinator or other approved method of control, as approved by the Airport Security Coordinator;

• (7) Procedures for securing unattended Aircraft;

• (8) Procedures prohibiting passengers or baggage from being left unattended in or near Aircraft, within the public restricted areas of the Airport (Air Operations Area), or within the Security Identification Display Area (SIDA); and

• (9) Procedures for transient flight crew members and passengers including:

  • (A) Ensuring proper escort or other method of control approved by the Airport Security Coordinator;

  • (B) Crewmember contact information and verification procedures; and

  • (C) Verification of pilot's certificate and government issued photo ID for flight crewmembers.

Vendor procedures including:

• (A) Positive identification of all vendors having access to the Leased Premises;

• (B) Security check in procedures for all vendors; and

• (C) Procedures for ensuring all vendors are aware of security requirements for the Operator's facility.

• (d) Operator's Security Plan shall be submitted to the Airport Security Coordinator for review and approval no later than thirty days before Operator commences Activities at the Airport (and it shall be resubmitted any time changes are made).

• (e) Operator shall maintain and secure Operator's fencing, doors, gates, and locks at all times.

• (f) Aircraft Rental and Flight Instruction Operators must positively identify new students and renter pilots.

• (g) All Operators are required to keep an active log of keys, access cards, and other media

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City of Palm Springs, CA § 16.06.070

PALM SPRINGS CODE

§ 16.06.075

issued that allows access to Operator's Leased Premises or identifies authorized persons. The log shall be made available to the Airport Security Coordinator upon request, and any lost or stolen access/identification media shall be reported to the Airport Security Coordinator immediately.

• (h) All Operators must comply with all applicable reporting requirements (as established by the City, FAA, TSA, and law enforcement Agencies).

• (Ord. 1693 § 2, 2006)

• (a) Operator shall procure, maintain, and pay premiums during the term of an Agreement or Permit for insurance policies required by Regulatory Measures and the types and minimum limits as may be established by the Director of Aviation from time to time. The insurance company or companies underwriting the required policies shall be licensed (with a Best rating of A-7) and authorized to write such insurance in the State of California.

• (b) When coverages or limits as established by the Director of Aviation are not commercially available, appropriate replacement coverages or limits must be approved, in advance, by the Director of Aviation.

• (c) When Operator engages in more than one Activity, the minimum limits shall be established by the Director of Aviation and may vary depending upon the nature of each Activity or combination of Activities, but shall not necessarily be cumulative in all instances. While it may not be necessary for Operator to carry insurance policies for the combined total of the minimum requirements of each Activity, Operator shall procure and maintain insurance for all exposures in amounts at least equal to the greatest of the required minimum or as established by the City.

• (d) All insurance, which Operator is required to carry and keep in force, shall name City of Palm Springs, the Palm Springs International Airport, and the Palm Springs city council, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers as additional insured.

• (e) Liability policies shall contain, or be endorsed to contain, the following provisions:

  • (1) "City of Palm Springs, the Palm Springs International Airport, and the Palm Springs city council, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers are to be covered as additional insured with respect to: liability arising out of Activities performed by or on behalf of Operator; products and services of Operator; premises owned, leased, occupied, or used by Operator; or vehicles, equipment, or aircraft owned, leased, hired, or borrowed by Operator. Any insurance or self insurance maintained by the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs city council, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers shall be excess of Operators and shall not contribute with it;"

  • (2) "Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs city council, individually and collectively, and their representatives, officers, officials, Employees,

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.06.075

§ 16.06.080

agents, and volunteers. Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer's liability;" and

• (3) "Coverage shall not be suspended, voided, or cancelled by either party or reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of Palm Springs."

• (f) Certificates of Insurance for the insurance required by Regulatory Measures and set forth by these Minimum Standards for each Activity shall be delivered to the City upon execution of any Agreement, Permit, or approval. Operator shall furnish additional Certificates of Insurance thirty days prior to any changes in coverage. Current proof of insurance shall be continually provided to the City throughout the term of the Agreement or Permit.

• (g) The limits stipulated herein for each Activity represent the minimum coverage and policy limits that shall be maintained by the Operator to engage in Activities at the Airport. Operators are encouraged to secure higher policy limits.

• (h) Any self insured Operator shall furnish evidence of such self insurance and shall hold the City, the Palm Springs International Airport, and the Palm Springs city council harmless in the event of any claims or litigation arising out of its Activities at the Airport. Such evidence shall be reviewed and approved in writing by the City.

• (i) Operator shall, at its sole cost and expense, cause all Improvements on the Leased Premises to be kept insured to the full insurable value (current replacement cost with no depreciation) thereof against the perils of fire, lightning, wind, hail, earthquake, flood, extended coverage, and/or vandalism. The proceeds of any such insurance paid on account for any of the aforementioned perils, shall be used to defray the cost of repairing, restoring, or reconstructing said facilities or Improvements to the condition and location existing prior to the casualty causing the damage or destruction, unless a change in design or location is approved in writing by the City.

• (Ord. 1693 § 2, 2006)

• (a) Operator shall defend, indemnify, save, protect, and hold harmless City of Palm Springs, the Palm Springs International Airport, and the Palm Springs 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 Palm Springs, the Palm Springs International Airport, and the Palm Springs city council, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers as a result of, or arising out of Operator's actions or inaction. 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.

• (b) The Operator shall accept total responsibility, indemnify, and hold harmless the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs city council,

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City of Palm Springs, CA § 16.06.080

PALM SPRINGS CODE

§ 16.06.090

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 Operators facilities, Vehicles, Equipment, or Aircraft.

(Ord. 1693 § 2, 2006)

Operator shall, at its sole cost and expense, pay all taxes, fees, and other charges that may be levied, assessed, or charged by any duly authorized Agency associated with Operator's Leased Premises (land and/or Improvements), Operators Improvements on Leased Premises, and/or Operator's Activities.

(Ord. 1693 § 2, 2006)

• (a) When more than one Activity is conducted at the Airport, the Minimum Standards shall be established by the Director of Aviation.

• (b) Depending upon the nature of the combined Activities, the Minimum Standards shall not be:

  • (1) Less than the highest standard for each element (e.g., land, hangar, office, shop, etc.) within the combined Activities; or

(2) Greater than the cumulative standards for all of the combined Activities. (Ord. 1693 § 2, 2006)

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.08.005

§ 16.08.005