Agenda 09/13/2011 Item #16G29/13/2011 Item 16.G.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Airport Authority,
approve and;authorize the Airport Manager(s) to execute the attached standard self - fueling permit
for the Marco Island Executive Airport, Immokalee Regional Airport and Everglades AirparL
OBJECTIVE: To adopt and authonze.the Airport Managers to execute a standard self - fueling permit
for the Marco Island Executive Airport, the Immokalee Regional Airport, and Everglades Airpark.
CONSIDERATIONS: Ordinance 2010 -10, Section Ten (D) indicates that the Airport Authority's
Executive Director is responsible for the administration, management and operation of the airports and
airport facilities.
Section 4.03 of the Collier County Airport Authority Rules and Regulations requires that individuals
authorized by the Executive Director to dispense fuel have a current self - fueling permit. To efficiently
and safely manage fueling operations, and ensure compliance with airport, local, state and federal rules
and regulations it is necessary for the Airport Managers to review, monitor, and approve fueling
operations and procedures at the County airports.
The attached proposed self - fueling permit establishes and notifies interested parties and the public of
certain self - fueling practices and procedures applicable at the Collier County Airports. It is normal practice
for airports to have standard forms to ensure consistent treatment of all tenants.
The attached self - fueling permit has been reviewed by the County Attorney's office.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires
_majority vote, and is legally sufficient for Board action. - CMG
GROWTH IMPACT: There is no growth impact associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority,
approves and authorizes the Airport Managers to execute the attached self - fueling permit.
Prepared by Chris Curry, Executive Director, Collier County Airport Authority.
Packet Page -3074-
9/13/2011 Item 16.G.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.2.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Airport Manager(s) to execute the attached
standard self-fueling permit for the Marco island Executive Airport, lmmokalee Regional Airport
and Everglades Airpark.
Meeting Date: 9/13/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
8/18/20113:24:41 PM
Submitted by
Title: Executive Director Airport Authority,Airport Authority
Name: CurryChrs
8/18/2011 3:24:42 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 8/22/20118:57:05 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/22/20114:44:04 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/23/20118:39:20 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 8/23/2011 10:31:25 AM
Packet Page -3075-
Name: OchsLeo
Title: County Manager
Date: 8/30/20119:56:07 AM
M
9/13/2011 Item 16.G.2.
Collier County Airport Authority
Self- Fueling Permit
9/13/2011 Item 16.G.2.
Applicant:
Authorized Representative: Title:
Aircraft Storage Location /Hangar Address:
Aircraft to be Fueled (List Type & N- Number):
Type of Fueling System(s): Transportable Tank Refueler Vehicle Permanent Tank
Tank / Refueler Capacities (US Gallons):
Type of Fuel to be Dispensed: Jet A _ 10OLL _ Other
Location of Fueling Station:
The Applicant requests approval to conduct Self - Fueling of based aircraft that are owned by or leased by
the Applicant.
FEE PAYMENT: Applicant shall pay the monthly fuel flow fee on time for fuel dispensed into aircraft
/'N, owned or leased by the applicant, and all required fees including late fees, interest and penalties.
Payment by credit card is not an accepted form of payment for fuel flowage fees.
PERMIT LIMITATIONS:
A. This permit may not be assigned or transferred.
B. A holder of a Self - Fueling Permit shall not dispense or permit the dispensing of aircraft fuels into
aircraft that are not owned or leased by the applicant as provided by the Self Fueling Rules and
Regulations.
C. This permit shall remain in effect unless otherwise suspended, relinquished, or revoked.
INFORMATION CHANGES: The Applicant must notify the Airport Manager in writing within ten (10)
days of any changes to the information provided on this form.
COMPETENCY: The Applicant certifies that the personnel engaged in self - fueling are properly trained in
aircraft fueling, fuel handling, and associated safety procedures, and will conform to the best practices
for such operations.
SELF - FUELING RULES AND REGULATIONS: The Applicant certifies that he or she has read and
understands the Airport's Rules and Regulations and the Minimum Standards for Commerical Airport
Aeronautical Activity and Service Providers at the Collier County Airports regarding Self - Fueling and
acknowledges receipt of a copy of these Rules and Regulations.
Packet Page -3077-
9/13/2011 Item 16.G.2.
SELF - FUELING PERMIT
Page Two
REPORTING: The Applicant shall provide monthly fuel inventory reconciliation reports listing the type
and amount of fuel dispensed to all aircraft; fuel received, spilled, disposed, or otherwise accounted for.
TERMINATION:
a. The Applicant may terminate the Permit upon ten (10) calendar days' written notice to the Executive
Director.
b. The Executive Director may revoke the Permit upon ten (10) days' written notice to the Applicant for
any of the following reasons:
i. Applicant is in arrears in the payment of any part of the Fuel Flowage Fees due for a period of
five (5) days after such payments become due and payable to the Authority;
ii. Applicant files a voluntary Petition in Bankruptcy or makes a general assignment for the
benefit of creditors;
iii. Applicant discontinues fueling operations for a period of thirty (30) days;
iv. Applicant fails to repair any damage to the Fuel Storage Facility within the time specified by
the Authority; 10-11,
v. Any breach by Applicant of any of the provisions of these Guidelines, any violation of
applicable law, the Lease Agreement, Authority's Rules and Regulations, Minimum Leasing Standards as
now in effect or hereafter promulgated; or
vi. Any safety or environmental incident or violation.
c. Upon revocation, Applicant may not reapply for a Permit for a period of one (1) year. Revocation after
a second violation shall be permanent and Applicant shall not be eligible to reapply for a Permit.
INDEMNITY: Applicant shall indemnify, hold harmless and defend the Authority, its Commissioners,
officers, agents, and employees from and against any and all claims, losses, penalties, demands,
judgments and costs of suit, including attorneys' fees for any expenses, damages or liability incurred by
any of them, whether for injury to persons or property, direct or consequential damages or economic
loss arising out of or incident to the use of the Applicant and occupancy of the leased premised by
Applicant, its employees, sub - tenants, business invites, patrons, contractors or subcontractors.
Applicant hereby assumes all liability and responsibility for injuries, claims or suits for damages to
persons or property of whatsoever kind or character, whether real or asserted, occurring in connection
with the use or occupancy or the leased premises by Permitee, its employees, tenants, licenses, patrons,
contractors, or subcontractors.
Packet Page -3078-
9/13/2011 Item 16.G.2.
SELF - FUELING PERMIT
Page Three
The undersigned representative certifies he /she is authorized to sign for this permit and shall comply
with all the provisions of the Airport Rules and Regulations and the Minimum Standards.
Name of Airport Tenant
Applicant Signature
Print Name and Title
Date signed
Airport Administration Only
Insurance Certificate Yes No
Spill Prevention, Control, and Countermeasure Plan (SPCC) _Yes No
Standard Operating Procedures /Quality Control Plan _Yes _No
n
Fire Marshal Inspection Conducted _Yes No
Proof of Aircraft Ownership or copy of Lease _Yes No
Proof of Tank Registration _Yes _No
Copy of:
1) NFPA 407 Standards for Aircraft Fueling _Yes No
2) FAA AC 150/5230 -4 Aircraft Fuel Storage, Handling, and Dispensing _Yes No
3) Airport Rules and Regulations _Yes No
Approved by:
Airport Manager, Date signed
Return Original To:
Attention: Debbie Brueggeman, Executive Assistant, Collier County Airport Authority, 2005 Mainsail
�—. Drive, Naples, Florida 3414. Phone: (239) 642 -7878 ext. 34.
Packet Page -3079-
Self - Fueling Rules and Regulations
Section 1: Statement of Concept
9/13/2011 Item 16.G.2.
1.1 Self - Fueling is the dispensing of fuel into an aircraft by the owner from facilities and equipment
provided by that owner. This section applies exclusively to the dispensing of Fuel by other than an
Aircraft Fuels and Oil Sales and Services, Full- Service FBO as described in Appendix 1A of the Airport
Minimum Standards.
1.2 All entities desirous of Self - Fueling shall be accorded a fair and reasonable opportunity, without
unjust discrimination, to qualify and receive a Self - Fueling Permit.
Section 2: Agreement /Approval
2.1 No person who self -fuels his or her aircraft, and dispenses over 1,000 gallons annually in their
aircraft shall engage in Self - Fueling activities unless a valid Self - Fueling Permit authorizing such activity
has been entered into with the Airport.
2.2 The Permit shall not reduce or limit the Permitee's obligations with respect to these Self - Fueling
Standards, which shall be included in the Permit by reference.
2.3 The following types of aircraft may be fueled if the Permitee secures preauthorization from the
Authority and the Permitee, Parent Corporation or Subsidiary Corporation has Exclusive Control of the
following:
i. Aircraft in which Permitee has at least seventy -five percent (75 %) ownership interest.
ii. Aircraft in which the Permitee has a long -term exclusive lease.
iii. Aircraft in which a Parent Corporation of the Permitee holds at least seventy -five percent
(75 %) ownership interest.
iv. Aircraft in which a Parent Corporation of the Permitee holds at least a long -term exclusive
lease.
v. Aircraft in which a Subsidiary Corporation of the Permitee holds at least seventy -five percent
(75 %) ownership interest.
vi. Aircraft in which a Subsidiary Corporation of the Permitee holds at least a long -term exclusive
lease.
Prior to issuance and subsequently upon request by the Airport Manager, the Permitee shall
provide evidence of ownership (and /or lease agreement) of any Aircraft being Fueled by the Permitee or
his /her employee(s). Aircraft that are leased must be under the complete operational control of the
Permitee and leased for a minimum of two (2) years. The Permitee may be required to show proof that
the person fueling the aircraft is an employee of the Permitee (proof may be a copy of the employee's n
W -2 Statement).
Packet Page -3080-
9/13/2011 Item 16.G.2.
Section 3: Reporting
3.1 Permitee shall report all Fuel dispensed during each calendar month and submit a summary report
along with the appropriate Fuel Flowage Fee due to the Airport on or before the 15th of each
subsequent month. In addition, when fuel is purchased outside of the Airport property, Permitee shall
provide receipt of fuel purchased to Airport Manager or designee upon entering the Airport and prior to
self fueling.
3.2 Permitee shall during the term of the Permit and two (2) years thereafter maintain records
identifying the total number of aviation Fuel gallons purchased and delivered. Records shall be made
available for audit by the Airport Manager or representatives from the County or Airport. In the case of
a discrepancy, Permitee shall promptly pay, in cash, all additional fees and charges due the Airport, plus
interest on the unpaid balance at the maximum rate allowable by law from the date originally due.
3.3 Permitee shall provide copies of all Facility, Tank, and Truck Inspection Reports, Notices of Non -
Compliance, and related notices to the Airport Manager within 10 -days of receipt from the Inspection
Authority conducting the inspection.
Section 4: Fuel Storage
4.1 Permitee shall arrange and demonstrate that satisfactory arrangements have been made for the
storage of Fuel with a reputable off - airport aviation petroleum supplier /distributor.
4.2 Operators authorized by the Airport to construct or install a Fuel storage facility at the Airport shall
do so at their cost in the centrally located Fuel Farm owned by the Airport or a location mutually agreed
upon with Airport management. In no event shall the total storage capacity be less than:
A. 10,000 gallons for Jet A Fuel
B. 1,000 gallons for 10OLL Fuel (AvGas)
4.3 The design and construction of a Fuel storage facility on the Airport must meet all applicable Airport,
State of Florida, and Federal Rules and Regulations.
4.4 The use of a portable or transportable fuel tank is acceptable at the Airport. The storage of a
portable or transportable tank on Airport property is allowed at a location mutually agreed upon with
Airport management. Once an aircraft has been fueled, all transportable tanks or portable fuel tanks
must be removed and relocated to the storage area approved by Airport management. No more than
five (5) gallons of fuel can be stored anywhere on Airport property except in the Airport's Fuel Farm or a
location mutually agreed upon with Airport management.
4.5 Permitee shall arrange and demonstrate that satisfactory arrangements have been made for the
disposal of sumped, spilled, or otherwise "waste" fuel that is created during the operations of the
Permitee. Waste records shall be maintained by the Permitee and a copy of such disposal record shall be
provided to the Airport with the monthly fuel inventory reconciliation reports. This shall be at no cost to
the Airport.
Packet Page -3081-
9/13/2011 Item 16.G.2.
Section 5: General Standards for Refuelers and Portable Tanks
5.1 Permitee shall utilize a single refueling vehicle for each type of Fuel to be dispensed. AVGAS
refuelers shall have a minimum capacity of 200 gallons and Jet refuelers shall have a minimum capacity
of 500 gallons. All refueling vehicles shall be capable of bottom loading.
5.2 Each refueling vehicle shall be equipped and maintained to comply at all times with all applicable
safety and fire prevention requirements set forth in the Airport Rules and Regulations, County Fire Code,
and the National Fire Protection Association (NFPA) Codes. 5.3 Prior to transporting Fuel onto the
Airport, the Permitee shall provide the Airport with a Spill Prevention, Control, and Countermeasure
Plan (SPCC) that meets regulatory requirements for above ground Fuel storage facilities. A copy of such
SPCC Plan shall be filed with the Airport Manager at least ten (10) business days prior to such
implementation. Such plan shall describe, in detail, those methods that shall be used by the Permitee to
clean up any potentially hazardous Fuel spills. This plan shall also describe, in detail, which methods the
Permitee intends to use to prevent any such spill from ever occurring.
5.3. In accordance with all applicable Regulatory Measures and appropriate industry practices, the
Permitee shall develop and maintain Standard Operating Procedures (SOP) for Fueling and shall ensure
compliance with standards set forth in FAA Advisory Circular 00 -34A, entitled "Aircraft Ground Handling
and Servicing (including updates). 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
be submitted to the Airport Manager no later than ten (10) business days before the Permitee
commences Non - Commercial Self - Fueling at the Airport. The Airport shall conduct inspections on a
periodic basis to ensure compliance.
5.4. The dispensing of Fuel must meet all applicable Airport, State of Florida, and Federal Regulations,
including Federal Aviation Administration (FAA) Advisory Circulars, as well as American Standard Testing
Method (ASTM) D -910 for Av -Gas, and ASTM D -1655 for Jet Fuel, which shall be determined at the time
of delivery into the Aircraft, and NFPA 40.
5.5 Prior to Self Fueling of any Aircraft, the person shall provide to the Airport Manager a copy of the
FAA's Aircraft registration certificate for that Aircraft verifying sole ownership by the person, or proof of
being the lessee of said Aircraft and that he or she has complete operational control over the aircraft.
5.6 Permitee shall procure and provide to the Authority, with its permit application, a current Certificate
of Insurance acceptable to the Authority showing insurance coverage for the duration of the Permit for
at least the following coverages:
i. General Liability /Airport Premises Liability - $1,000,000 Combined Single Limit;
ii. Fire Legal Liability - $1,000,000 per occurrence /$2,000,000 aggregate; and
iii. Environmental Liability - $1,000,000 per occurrence /$2,000,000 aggregate; and
iv. Workers Compensation — Statutory Limits as Required by the State of Florida.
All insurance policies shall name the Collier County Board of County Commissioners as additional
insured, and, shall not be subject to cancellation or change except after thirty (30) days prior written
notice of such cancellation or change to the Authority by the carrier.
NOTE: The "Certificate Holder" should read as:
Packet Page -3082-
Q10
9/13/2011 Item 16.G.2.
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate.
5.7 Permitee shall provide written proof that the County Fire Marshal has inspected the Fueling facilities
and reviewed the Fueling methods for dispensing Fuel into the aircraft.
5.8 Persons or designees who do not have written permission from the Airport which allows the user to
Fuel on the Airport's Leased premises shall coordinate with and receive written permission from the
Airport Manager for the location of, and access routes to an alternative Fueling location.
SECTION 6: Removal of Fuel Storage Facility
6.1 At the Authority's written direction, Permitee shall remove the Fuel Storage Facility at the expiration
of its Land Lease. Permitee shall begin the removal of the Fuel Storage Facility at least ninety (90) days
prior to the expiration of the Land Lease and the Fuel Storage Facility shall be completely removed prior
to the expiration of the lease.
6.2 Permitee shall retain a reputable consultant, approved by the Authority, to perform a Phase II
Evironmental Investigation upon removal of the Fuel Storage Facility. Should the Phase II Investigation
reveal any contamination or hazardous substance, Permitee shall take corrective action and /or
remediation, at its sole expense and at no expense to the Authority, as required.
Packet Page -3083-