UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION In

### re the Complaint of R.L.S. RENTAL COMPANY, INC., DIB/AMIZZOUAVIATION 

### Complainant, against JOPLIN REGIONAL AIRPORT, CITY OFJOPLIN, MISSOURI



### Pursuantto Part 16 ofthe Federal Aviation Regulations Respondent.

RESPONDENT'S ANSWER TO COMPLAINANT'S COMPLAINT 

### Comes now the Respondent, Joplin Regional Airport, City of Joplin, Missouri, by and through its attorney, Peter C. Edwards, and statesto the Court as follows: I. Respondent admits each and every allegation contained m Paragraph 1. of Complainant's Complaint. 2. Respondent admits each and every allegation contained m Paragraph 2. of Complainant's Complaint. 3. Respondent admits each and every allegation contained m Paragraph 3. of Complainant's Complaint. 4. Respondent admits that Alpha Air operates an FBO at the Joplin Airport, and denies each and every other allegation contained in Paragraph4. ofComplainant's Complaint.

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### 5. Respondent denies each and every allegation contained m Paragraph 5. of Complainant's Complaint. 6. Respondent admits the Airport developed and implemented Minim= Standards in 2011; Respondent admits that the Airport's Minimlllll Standards require all FBOs to provide, among other things, air charter, flight instruction, and aircraft maintenance in compliance with certain FAA certifications. Respondent denies each and every other allegation contained in Paragraph 6. ofComplainant's Complaint. 7. Respondent denies each and every allegation contained m Paragraph 7. of Complainant's Complaint. 8. Respondent admits that the Airport leased space to Alpha Air, but denies each and every other allegation contained in Paragraph 8. ofComplainant's Complaint. 9. There are no factual allegations in Paragraph 9. of Complainant's Complaint; therefore, Respondent denies each and every allegation contained in Paragraph 9. of Complainant's Complaint. 10. Respondent IS 

### without knowledge as to the Complainant's investments and financial position, and, therefore, Respondent denies each and every allegation contained in Paragraph 10. ofComplainant's Complaint. 11. Respondent denies each and every allegation contained m Paragraph 11. of Complainant's Complaint. 12. Respondent denies the allegations contained in Paragraph 12. of Complainant's Complaint. 13. Respondent denies the allegations contained in Paragraph 13. of Complainant's Complaint.

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### 14. Respondent admits the allegations contained in Paragraph 14. of Complainant's Complaint. 15. Respondent denies the allegations contained in Paragraph 15. of Complainant's Complaint. 16. Respondent denies the allegations contained in Paragraph 16. of Complainant's Complaint. 17. Respondent admits the allegations contained in Paragraph 17. of Complainant's Complaint. 18. Respondent admits each and every allegation contained in Paragraph 18. of Complainant's Complaint. 19. Respondent denies each and every allegation contained m Paragraph 19. of Complainant's Complaint. 20. Respondent admits Exhibits 1-9 as identified m Paragraphs 21.

- 29. of Complainant's Complaint. 30. There are no factual allegations in Paragraph 30. of Complainant's Complaint; therefore, Respondent denies each and every statement and concusion contained in Paragraph 30. ofComplainant's Complaint. 31. Respondent denies the allegations contained in Paragraph 31. of Complainant's Complaint. 32. Respondent denies the allegations contained in Paragraph 32. of Complainant's Complaint.

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### 33. Respondent admits that Alpha Air was formed in 2009; and, Respondent admits that Mr. Asbell had a lease for a hangar for his private use at the Airport. Respondent denies each and every other allegation contained in Paragraph 33. ofComplainant's Complaint. 34. Respondent denies each and every allegation contained in Paragraph 34. of Complainant's Complaint. 35. Respondent denies each and every allegation contained m Paragraph 35. of Complainant's Complaint. 36. Respondent denies each and every allegation contained m Paragraph 36. of Complainant's Complaint. 37. Respondent admits that the Alpha Air FBO Agreement was approved in 20II, but denies each and every other allegation contained in Paragraph 37. ofComplainant's Complaint. 38. Respondent admits the allegations contained in Paragraph 38. of Complainant's Complaint. 39. Respondent admits the allegations contained in Paragraph 39. of Complainant's Complaint. 40. Respondent admits the allegations contained in Paragraph 40. of Complainant's Complaint. 41. Respondent admits the allegations contained in Paragraph 41. of Complainant's Complaint. 42. Respondent is without sufficient knowledge to admit or deny the allegations in Paragraph 42. ofComplainant's Complaint, and accordingly, Respondent denies each and every allegation contained inParagraph 42. ofComplainant's Complaint.

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### 43. Respondent admits the allegations contained in Paragraph 43. of Complainant's Complaint. 44. Respondent denies the allegations contained in Paragraph 44. of Complainant's Complaint. 45. Respondent denies the allegations contained in Paragraph 45. of Complainant's Complaint. 46. Respondent denies the allegations contained in Paragraph 46. of Complainant's Complaint. 47. Respondent denies the allegations contained in Paragraph 47. of Complainant's Complaint. 48. Respondent denies the allegations contained in Paragraph 48. of Complainant's Complaint. 49. Respondent denies the allegations contained in Paragraph 49. of Complainant's Complaint. 50. Respondent denies the allegations contained in Paragraph 50. of Complainant's Complaint. 51. Respondent denies the allegations contained in Paragraph 51. of Complainant's Complaint. 52. Respondent denies the allegations contained in Paragraph 52. of Complainant's Complaint. 53. Respondent denies the allegations contained in Paragraph 53. of Complainant's Complaint.

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### 54. Respondent denies the allegations contained in Paragraph 54. of Complainant's Complaint. 55. Respondent denies the allegations contained in Paragraph 55. of Complainant's Complaint. 56. Respondent denies the allegations contained in Paragraph 56. of Complainant's Complaint. 57. Respondent denies the allegations contained in Paragraph 57. of Complainant's Complaint. 58. Respondent denies the allegations contained in Paragraph 58. of Complainant's Complaint. 59. Respondent denies the allegations contained in Paragraph 59. of Complainant's Complaint. 60. Respondent denies the allegations contained in Paragraph 60. of Complainant's Complaint. 61. There are no factual allegations in Paragraph 61. of Complainant's Complaint; therefore, Respondent denies each and every statement and conclusion contained in Paragraph 61. ofComplainant's Complaint. 62. There are no factual allegations in Paragraph 62. of Complainant's Complaint; therefore, Respondent denies each and every statement and conclusion contained in Paragraph 62. ofComplainant's Complaint. 63. There are no factual allegations in Paragraph 63. of Complainant's Complaint; therefore, Respondent denies each and every statement and conclusion contained in Paragraph 63. ofComplainant's Complaint.

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### 64. There are no factual allegations in Paragraph 64. of Complainant's Complaint; therefore, Respondent denies each and every statement and conclusion contained in Paragraph 64. ofComplainant's Complaint. 65. There are no factual allegations in Paragraph 65. of Complainant's Complaint; therefore, Respondent denies each and every statement and conclusion contained in Paragraph 65. ofComplainant's Complaint. 66. There are no factual allegations in Paragraph 66. of Complainant's Complaint; therefore, Respondent denies each and every statement and conclusion contained in Paragraph 66. ofComplainant's Complaint. 67. Respondent denies each and every allegation contained m Paragraph 67. of Complainant's Complaint. 68. Respondent denies each and every allegation contained m Paragraph 68. of Complainant's Complaint. 69. Respondent denies each and every allegation contained Ill 

### Paragraph 69. of Complainant's Complaint. 70. Respondent denies each and every allegation contained Ill 

### Paragraph 70. of Complainant's Complaint. 71. Respondent denies each and every allegation contained Ill 

### Paragraph 71. of Complainant's Complaint. 72. Respondent denies each and every allegation contained Ill 

### Paragraph 72. of Complainant's Complaint. 73. Respondent denies each and every allegation contained Ill 

### Paragraph 73. of Complainant's Complaint.

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### 74. Respondent denies each and every allegation contained Ill 

### Paragraph 74. of Complainant's Complaint. 75. Respondent denies each and every allegation contained in Paragraph 75. of Complainant's Complaint. 76. Respondent denies each and every allegation contained Ill 

### Paragraph 76. of Complainant's Complaint. 77. Respondent denies each and every allegation contained m Paragraph 77. of Complainant's Complaint. WHEREFORE, Respondent prays for relief from the Federal Aviation Administration that dismisses the Complainant's Complaint in its entirety and for such other relief as the Administration deems appropriate andjust. FURTHERANSWER OF RESPONDENT CITY OF JOPLIN 

### Respondent further answers that Complainant Mizzou Aviation has been opposed to the City opening up competition at the Joplin Regional Airport since it made the legislative decision to do so, which said decision is also consistent with F.A.A. regulations. Respondent allowed Alpha Air to open an FBO at the Airport under an FBO Agreement beginning in 2011. Complainant made its first complaint dated November 22, 2010 to the F.A.A. and the Missouri Department of Transportation alleging economic discrimination. These complaints were determined to be unfounded or unsubstantiated. However, these complaints document Complainant's opposition to Alpha Air's presence at the Airport even before it opened its FBO operation. A copy ofthese complaints and letters are attached as ExhibitA.

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### Respondent further answers that a second informal complaint filed with the F.A.A. regarding the City's decision to allow a second FBO operation, Alpha Air, to begin its business. This Complaint again was determined unfounded or unsubstantiatedbythe F.A.A. Respondent further answers that a synopsis ofthe City's knowledge and monitoring of Alpha Air's certification process is contained in an e-mail from Steve Stockham to Peter Edwards dated July, 24, 2013 at 9:53 a.m., and supporting emails and letters, attached hereto and incorporated herein by reference as Exhibit B. Upon information and belief, the F.A.A. set the certification schedule for Alpha and specifically requested that Alpha complete the Part 135 certification before applying for the Part 141 and Part 145 certificates. Respondent City of Joplin understood that the Part 135 certification would be a long process, and that the process has been delayed by govermnent cutbacks, furloughs and the recent government shutdown. Respondent believes that Alpha Air has timely and in good faith filed their application and related documentation to the F.A.A. Respondent has provided a copy ofAlpha Air LLC's FBO Agreement with the City of Joplin, attached hereto and incorporated hereinbyreference as Exhibit C. Respondent has provided a copy ofAlpha's compliance information provided to the City ofJoplininJanuary of2012, attached hereto and incorporatedhereinbyreference as Exhibit D. Respondent has leased approximately 5,000 square feet ofoffice space from the Airport for its FBO operation. Upon information and belief, Alpha Air has made a capital investment exceeding One Million Dollars ($1 ,000,000.00) to open and operate its FBO at the Airport. Alpha's FBO operation includes the following services: fuel sales, line service, supplying conference and office areas, crew quarters and rental car service. Alpha provides Part 135 service through a third party contractor pending the approval ofits Part 135 certificate. Alpha

9provides Part 141 service through a local company who holds a 141 certificate and has a mechanic on-site on a full-time basis, until its 141 certificate is issued. Alpha provides Part 145 service by having a certified flight instructor on staffthat provides flight training, until its Part 145 certificate is obtained. Respondent believes that by providing these services, Alpha Air is
more than a "gas station", as alleged in paragraph 9 ofthe Complaint. OnNovember 11, 2013, Respondent has learned that the F.A.A. representatives from the Kansas City office were at the Joplin Airport the week ofNovember 4-8, 2013, to meet with Alpha Air regarding its Part 135 certificate and Respondent will be provided a status update this week. Respectfully submitted, CITY OF JOPLIN, MISSOURI By:

# ~ Peter

# ~52067

10 Assistant City Attorney City ofJoplin, Missouri 602 S. Main Street Joplin, MO 64801 Tel: (417) 624-0820, X227 Fax: (417) 625-4713 ATTORNEY FORRESPONDENT JOPLIN REGIONAL AIRPORT, CITY OF JOPLIN, MISSOURI.SERVICE CERTIFICATION I hereby certify that onNovember 12, 2013, I mailed a copy ofRespondent's Answer to Complainant's Complaint to the following personls at the following address/es by U.S. Mail, postage prepaid: Shelley A. Ewalt, Esq. McBreen & Kopko Attorneys for Complainant 500 NorthBroadway Jericho, NewYork 11753

11 

# (\**v_~** Peter

# C.<~~ Attorney for the City ofJoplin

### Missouri Department ofTransportation

February 8, 2011 Mr. Steve Stockam JoplinRegionalAirport 602 SouthMain Joplin, MO 64801 DearMr. Stockam: Re: JoplinRegionalAirport Informal Complaint Kevin Keith, Director 105 West**~,i!!!II!JIII!!'!!jlllllllllllllllllllllllllllli,** Jefferson City, MO 65102 (573) 751-2551 Fax (573) 751-6555 wWw;modot.org

Our .of£ice has received an informal complaint filed by Mr. Leonard D. Kirsch of the firm McBreen & Kopko. The informal complaint alleges economic discrimination by the Joplin Regional Airport against MizzouAviation. Please address all issues identified in Mr. Kirsch's letter of November 22, 2010, and accompanying information and submitwritten responses to our office for ourreview. Please feel free to contactmeifyou shouldhave any questions. 

# ""11£. 

# 4.t-
Administrator ofAviation Attachments
cc: Mr. LeonardD. Kirsch, Le.tter only Ms. LynnMartin, Federal AviationAdministration, Letter only Mr. Mike Faltermeier, Federal Aviation Administration, Letteronly

Ourmissionis to providea world-class transporlation experience that delights ourcustomers andpromotes a prosperous Missouri.

# MoDUT Missouri DepartmentofTransportation Kevin Keith, Director

December 7, 2011 Mr. Leonard Kirsch McBreen & Kopko Attorneys atLaw 500 NorthBroadway, Suite 129 Jericho, New York 11753 Dear Mr.Kirsch: 105WestCapitolA P.O.Box270 Jefferson City, Missouri 65102 573.751.2551 Fax: 573.751.6555 1.888.ASK MODO'[ (275.6636)

Re: Part 13 Complaint ofMizzouAviation againstJoplinRegional Airport Thank youfor your letter dated October 21, 2011 referencing aPart 13 complaintofMizzou Aviationagainstthe Joplin RegionalAirport. Your letterraises several issues. I have summarizedtheissue andprovided a responsebelow for each. GrantAssurance 22 (Economic Non-Discrimination) Based oninformationprovidedbythe JoplinRegional Airport, AlphaAir and/or other Fixed Base Operators atthe JoplinRegional Airportwill berequiredto enterinto an "AirportUse and OperatingAgreement"that includes "Privileges andMinimum Requirements" (attached). Ina letter from the JoplinRegional Airport dated October 20, 2011 (attached), any partythat can meetthe standards setforth inthe agreement will be allowed to operate at Joplin. Minimum Standards The FederalAviationAdministrationrecommends the establishment ofminimum standards. Duringthe development ofminimumstandards for the airport, coordinationwas conducted withthe existingFBO andotherinterestedparties. Minimum Standards were established at the airportinOctober, 2011. The standards are listed in Section3 ofthe "AirportUse and Operating Agreement". RighttoDenyFBO Statusto an Undercapitalized andUnsafe Partyand lJ1complete/OutdatedProposal A newFBO interestedin operating atthe JoplinRegionalAirportwill be requiredto meetthe standards set forth inthe airport's "AirportUse and Operating Agreement".

OurmissioTr. istoprovidea world-classtransportation erppriencethat delights ourcustomersand promotesaprosperousMssouri. www.modot.orgAirportLayoutPlan The existing AirportLayoutPlanproposes the "old"terminal areabe developed into a GNcorporate area This proposed development wouldnotbe contradictory to the existing Airport LayoutPlan. Perthe airport's "AirportUse and OperatingAgreement" an FBO "operator shall comply with all applicable federal, state, and local (includingAirport and City) laws, regulation, rules, 9rdinances, fees, and charges nowinforce or hereafter prescribed orpromulgated. Insummary, as long as an FBO enters into the airport's "AirportUse and Operating Agreement'', our office does not see a further needto pursue this issue. This correspondenceis alsobeingforwardedto the JoplinRegional Airport for its use. Thankyou againforyour letter. Ifyouhave further questions, please do nothesitate to contact our office.

**Since~,** 

# _deW Jbe Pestka Administrator ofAviation Attachments
cc: Mr. Steve Stockam, Joplin Regional Airport Ms. LynoMartin,Federal Aviation AdministrationU.S. ,Department OfTransportation Federal Aviation Administration January 7, 2011 Mr.JosephPestka Administrator ofAviation Central Region Iowa, Kansas Missouri, Nebraska

MissouriHighway & TransportationDepartment P.O.Box270 Jefferson City, MO 65102 DearMr. Pestka: 901 Locust Kansas City, Missouri 64106-2325 

# RECEIVED JAN12 '2011 MULTIMODAL OPERATIONS

RE: Informal Complaint ofMizzouAviation Against the JoplinRegionalAirport Joplin, Missouri Enclosedis aninformal complaint datedNovember 22, 2010, from Mr. Mr.LeonardD. Kirsch, Attorney atLaw, alleging economic discrimination againsthis client, Mizzou Aviation, bythe JoplinRegional Airport. Inasmuch as this locationhas beenfunded under the Missouri StateBlock GrantProgram and compliancefalls withinthejurisdictionofyour office, this informal complaintis being forwarded to youfor appropriate action. Pleaseprovide this office with a copy ofyour response. Sincerely,



## 'ikU~Ui&

# J!Jluftw NicolettaS. Oliver Airports Compliance Specialist Enclosures
cc: AC0-100 

### ./

' IU.S. ;Department OfTransportation Federal Aviation Administration January7, 2011 Mr
..LeonardD. Kirsch Attorney at Law McBreen & Kopko Central Region Iowa, Kansas Missouri, Nebraska

500NorthBroadway, Suite 129 Jericho, New York 11753 DearMr. Kirsch: RE: Informal Complaint JoplinRegional Airport Joplin, Missouri 901 Locust 

# r:CEJV.ED JAN 13 ZO!l 

### MULTIMODAL OPERATIONS

Kansas City, Missouri 64106-2325

Wehavereceivedyourinformal complaint dated November22, 2010, allegingeconomic discrimination againstyour client, Mizzou Aviation, bythe JoplinRegional Airport. The,State ofMissouri is aBlockGrantStateundertheFederalAirport ImprovementProgram (AIJ:i). The CityofJoplin is included inthejurisdictionoftheMissouriDepartment of Transportation(MoDOT) underthe State Block GrantProgram andwehaveforwarded your doclfments toMr. JoePestka, Administrator ofAviation, MissouriDepartment of Transportation(MoDOT), P.O. Box 270, Jefferson City, Missouri 65102, for appropriate action. WehaverequestddMr. Pestkato keep us advisedofbis response made to yourelative to this complaint. Pleasefeel free to contactbim atthe above address orat (573) 526-7912. Sincerely, Qriginal Signed 

### By: Nicoletta S. Oliver Nicoletta S. Oliver Airports Compliance Specialist
cc: Joe,Pestka, MoDOT Mr.•Steve Stockam, AirportManager AC0-100 

### /October 20, 2011 Mr. Joe Pestka Director ofAviation Missouri Department ofTransportation- Aviation Section 830 MoDOT Drive, PO Box 270 Jefferson City, MO 65102 G02 S. Main Stroot ,Joplin. MO 64801 4l7-G2:J-02G2 Fax**-1·17-62;3~471,.1** F:·mnil: ::.;Sltockam<fl:ioplinmo.org

RE: Part 13 Compliant Of Mizzou Aviation against the Joplin Regional Airport Dear Mr. Pestka;
This letter is in response to thefiling ofthe Part 13 Complaint of R.LS. Rental Company doing· business as Mizzou Aviation against the Joplin Regional Airport. This response is based on the following four (4) issues thatwe outlined in the complaint; (1) Approvalofthe FBO Application ofAlphaAir, LLC. ("Alpha'? basedupon the submission ofan incompleteproposal, which didnot followAirportSponsor Guidelines, andwhich on its face demonstrates thatAlpha is notable norwilling to investsufficientcapital to constructa safe andefficientFBO operation atthe Airport. The Joplin Regional Airport did not approve any "Application" for FBO seivice from Alpha Air. The Airport did not have protocol or procedures in place to deal with the proposal of an additional FBO facility. Overthe last 12 months we have developed a protocol and mechanism thatwill guide prospective FBO business to operate at Joplin Regional. Enclosed is a copy of ourstandard FBO Operational Agreement. Any party that can meet the standards set forth in the agreementwill be allowed to operate atJoplin. (2) The AirportSponsorhas refused to draftMinimum Standards. These Standards shouldbe drafted, sentforcomments andfinalizedbefore a secondFBO is contemplated. The Standards are in Section 3 ofthe enclosed FBO Operational Agreement. (3) The AirportSponsorshouldamenditsAirportLayoutandAirportMasterPlans, and require an Environmental ImpactStudybeforeprovidingAlpha with an FBO /ease.The Alpha Air Facility was constructed within the area designated for Hangar development under the current Master Plan and ALP. A full EAwas done on the Airport for the current Master Plan and ALP before construction ofthe newTerminal facility in 2005. (4) AirportSponsor's inabilityto produce documents, rules andprocedures thatcan properlyprotecttheAirport, the flyingpublic andits taxpayers. We believe the new FBO Operational Agreement provides adequate "documents, rules and procedures"to protectthe integrity ofthis facility forthose that support and utilize. Wefind no meritto these issues nowthat we havethe FBO Operational Agreement in place. We ask that you please clearthe Joplin Regional Airport ofthis complaint.

# Jr0i-~ Steve Stockam, Manager Joplin Regional AirportPeter From: Sent: To: Cc: Subject: Attachments:

Peter Stockam, Steve Wednesday, July 24, 2013 9:53 AM Edwards, Peter Anselm, Sam; Schaller, Jack; Head, Brian Mizzou Aviation Complaint 

# I

FAA_Letter_Part1350001.pdf; FAA Part 135 Jan 2013.pdf; RE: Certification Progress; FW: FW: FAA; FW: PSI FAA Site Application; Alpha Air

After we approved the "Conditional" Operational Agreement in January 2012 there has been basically three (3) points of reference concerning the Alpha Air certification process with the FAA. First we have a letter issued to Alpha Air From the FAA in April, 2012 stating that due to the budget issues the FAA will not be able to begin (start) any ofthe Certification Processes until after Oct 1. Alpha Air met with the FAA folks in October and I personally spoke with AI Rager, FAA, at that time and confirmed the meeting. In my discussion with Alpha they were given directions at that time from the FAA as to howthey were to proceed with the Certification process. Alpha was also told at that time that do to the "Government Sequestration" ofthe Federal agencies they would only deal with one Certification process at a time. As you are aware our "Conditional" agreement sites three Certification needed. We have a letterfrom the FAA in January ofthis year stating that Alpha has filed the first Certification application and is proceeding on the FAA schedule. We have two emails chains from Alpha Air that are from May 2013 referencing their continued work on the Part 135 Certification. Also as part ofthis email the FAA has stated that they will not be issuing further progress updates on the Certification process. We also have another email in which Alpha has applied for a 'Test Site" as part oftheir Pilot Training program. Again the "government sequestration" is sited for holding up the progress. Since the time we received the email/letterfrom Shelley A. Ewalt of McBreen & Kopko I have tried to contact Mr. Richard Carlson, Manager of the FSDO in KG to try to confirm the lack of process sited in the letter. To date I have not received any response to my emails (see attached email chain) and phone calls concerning this issue. I will continue to pursue additional inputfrom the FAA. Given the correspondence and records I have had with the FAA and Alpha Air I do not find any deficiencies in their effort to obtain the Certifications sited in our "Conditional" agreement. All parties understood from the beginning that neither Alpha Air orthe Joplin Airport had any control overthe certification process as this was totally a function ofthe FAA schedule. I believe we have all seen firsthand how the "Government Sequestration" has effected many aspects ofthe Federal operations and I believe it has proven to have a dramatic slowing ofthe process that Alpha Air is pursuing. I can find no evidence that Alpha Air has not been pursuing these Certification to the best oftheir ability. Thus I do not believe we have been discriminatory to Mizzou Aviation as part of our agreement.

1

# REGIONAL AIRPORT Steve Stockam, Airport Manager 602 South Main Street Joplin, MO 64801 417-623-0262 Ext. 5 SStockam@joplinmo.org

2U.S. Department of Transportation Federal Aviation Administration 

### APR 16 

### 2012

Mr. Dale Janssen GeneralManager Alpha Air Center, LLC Flight Standards District Office

5509 N Dennis Weaver Drive Joplin, MO 64870 DearMr. Janssen: 901 Locust, Room 403 Kansas City, MO 64106 (816) 329-400Q (800) 519-3269 FAX(816) 329-4010

This letterinisreferenceto ourphone conversationonApriU1, 2012 concerningyour applicationfor anair carriercertificate. Unfortunately, because ofbudgetaryissues.beyond ourcontrol, ouroffice willnotbe able to consideryour applicationuntilafter October 1, 2012. Consequently, we areplacingyourapplicationonhold. Whenthese issues are resolved, we will contactyou, so we maycontinue your applicationin accordance withestablishedFAApolicies andprocedures. Ifyouhave anyquestions, please contactme at (816) 329-4026. Our officehours are 7:30 a.m. to 4:00p.m.,MondaythroughFriday, exceptholidays. Sincerely,

# ~///~L RodwinL McLaughlin CertificationProjectManagerU.S. Deportment of T ransportotlon Federal Aviation Administration



### JAN 09

## l013
Mr. JeffAsbell Alpha Air Center, LLC Flight Standards District Office

5509N Dennis Weaver Drive Joplin, MO 64870 DearMr. Asbell: 901 Locust St, Room 403 Kansas City, MO 64106 (816) 329-4000 (800) 519-3269 FAX (816) 329-4010

Thankyou for permitting time to attend the part 135 pre--applicationmeeting inouroffice yesterday. As mentioned inthe meeting, please submit the required documents at your earliest convenience. This will enable the certificationprocess to proceed in a timely manner. Ifyouhave any questions, please contact me at (816) 329-4026. Sincerely,

# 4?--~/1/~ RodwinL McLaughlin CertificationProjectManager

### Edwards, Peter From: Sent: Joshua Crooker <jcrooker@alphaaircenter.com> Tuesday, July 16, 2013 10:17 AM To: Stockam, Steve Cc: 'Jeff Asbell' Subject: RE: Certification Progress
We are still working through the process on the certifications with the FAA getting through manual revisions to where they will accept theme The FAA was down about two weeks ago to review the logbooks on our 135 aircraft as well. Unfortunately, per their office policy, they won't provide anything in writing to show progress or a status update on the processc I will keep you apprised as we get more information back from them and get each certificate put in placec If you need further information let me know. Thanks, Joshua Crooker Manager 417-623-3113 (o) 913-424-9478 (c) 417-621-0195 (f)
This email may contain CONFIDENTIAL information subject to non-disclosure and/or confidentiality agreement(s). Please consider the contents ofthis email and any such agreements you have with Alpha Air Center before forwarding or reproducing, in any manner, the contents ofthis email. From: Stockam, Steve [mailto:SStockam@Joplinmo.org] 

### Sent: Monday, July 15, 2013 1:00PM To: Josh Crooker(jcrooker@alphaaircenter.com) Cc: 'JeffAsbell' Subject: Certification Progress Josh
....I am needing an update from Alpha on the progress you are making on the procurement ofthe 3 certifications that you are obtaining from the FAA. These were part ofthe "conditional approval" thatAlpha Air received in order to begin operation at the Joplin Regional Airport. Alpha Air was to expedite its FAA certifications in the three substantive areas as quickly as possible and are required to provide regular compliance reports regarding its progress. Perthe "Conditional Approval" those certifications are the following; 1) air charter in accordance with Federal Aviation Regulation ("FAR") part 135; 2) flight training in accordance with FAR part 141, 3) maintenance in accordance with FAR part 145 The last update I have was on the Part 135 back in January. Ifyou would please forward to me all of your progress reports from the FAA over the last 18 months. I have some ofthem but there are some gaps that I need to make sure we have filled.
Steve Stockam, Airport Manager 602 South Main Street Joplin, MO 64801 417-623-0262 Ext. 5 SStockam@joplinmo.org 1No virus found inthis message. CheckedbyAVG- www.avg.com Version: 2013.0.3349 I Virus Database: 3204/6491- Release Date: 07/14/13

2Edwards, Peter From: Sent: To: Cc: Subject: Joshua Crooker <jcrooker@alphaaircenter.com> Tuesday, July 16, 2013 2:00 PM Stockam, Steve 'Jeff Asbell' FW: FW: FAA

This is what I got from the FAA when I had asked them about a progress update in May. As I said earlier, I will request something from them again. Hopefully this chain will show that we are still working through the process and suffice for now. Joshua Crooker Manager 417-623-3113 (o) 913-424-9478 (c) 417-621-0195 (f)
This email may contain CONFIDENTIAL information subjectto non-disclosure and/or confidentiality agreement(s). Please consider the contents ofthis email and any such agreements you have with Alpha Air Center before forwarding or reproducing, in any manner, the contents of this email. From: Rod.Mclaughlin@faa.gov [mailto:Rod.Mclaughlin@faa.gov] Sent: Thursday, May 16, 2013 12:33 PM To: Joshua Crooker Subject: RE: FIN: FAA Joshua, The office has stated that it will not provide letters for this purpose in the future. The office will not give written documentation for activities taking place in the office. Rod Rod Mclaughlin Principal Maintenance Inspector Kansas City FSDO 816-329-4026 Phone 816-329-4010 Fax rod.mclaughlin@faa.gov

From "Joshua Crooker" <jcrooker@alphaaircenter.com> ACE-MCI-FSD0-05, Kansas City, MO To: Rod Mclaughlin/ACEIFAA@FAA, Date: 05/16/2013 10:50 AM Subject: RE: FW: FAA

I apologize to have to ask for this, but so I can have something to show the city and the Airport Manager that we are still progressing through the process can you send me afollow up email from our phone conversation just stating that we went over the compliance statement and to make the necessary changes and resubmit?

1Thanks, Joshua Crooker Manager 417-623-3113 (o) 913-424-9478 (c) 417-621-0195 (f)
This email may contain CONFIDENTIAL information subject to non-disclosure and/or confidentiality agreement(s}. Please considerthe contents ofthis email and any such agreements you have with Alpha Air Center before forwarding or reproducing, in any manner, the contents ofthis email. From: Rod.Mclaughlin@faa.gov [mailto:Rod.Mclaughlin@faa.gov] Sent: Thursday, May 16, 2013 9:20AM To: Joshua Crooker Subject: RE: FW: FAA If it works with you I will call you on the office number. Thatway I can move to the conference room to call from. Rod Rod Mclaughlin Principal Maintenance Inspector Kansas City FSDO 816-329-4026 Phone 816-329-4010 Fax rod.mclaughlin@faa.gov

From· "Joshua Crooker" <jcrooker@alphaaircenter.com> ACE-MCI-FSD0-05, Kansas City, MO To· Rod Mclaughlin/ACEJFAA@FAA, Date: 05/16/2013 09:13AM Subject: RE: FW: FAA

What time works best for you this morning? Joshua Crooker Manager 417-623-3113 (o) 913-424-9478 (c) 417-621-0195 (f) This email may contain CONFIDENTIAL information subject to**non~disclosure** and/or confidentiality agreement(s). Please consider the contents ofthis email and any such agreements you have with Alpha Air Center before forwarding or reproducing, in any manner, the contents ofthis email. From: Rod.Mclauqhlin@faa.gov [mailto:Rod.Mclaughlin@faa.gov] Sent: Wednesday, May 15, 2013 11:16 AM To: Joshua Crooker Subject: Re: FW: FAA Joshua, I will be in the office all day tomorrow but not on Friday. Monday and Tuesday morning I will be out. Wednesday I will be unavailable from 10:00 to 12:00. When we talk, you need to have a copy of the compliance statement available. Any time tomorrow will work as long as we start by 2:30. Rod 2Rod Mclaughlin Principal Maintenance Inspector Kansas City FSDO 816-329-4026 Phone 816-329-4010 Fax rod.mclaughlin@faagov

From: "Joshua Crooker" <jcrooker@alphaaircenter.com> ACE-MCI-FSD0-05, Kansas City, MO To: Rod Mclaughlin/ACEIFAA@FAA, Date: 05/15/2013 11 :02 AM Subject: FW: FAA

Hi Rod, Igot a message from Kim saying you wanted to speak. I'm going to be in the air most ofthe rest ofthe day and won't be able to allocate afull hour until after hours today. Do you have a couple times that are convenient for you tomorrow or Friday and we can find a time that works? Thanks, Joshua Crooker Manager 417-623-3113 (o) 913-424-9478 (c) 417-621-0195 (f) This email may contain CONFIDENTIAL information subjectto non-disclosure and/or confidentiality agreement(s). Please consider the contents of this email and any such agreements you have with Alpha Air Center before forwarding or reproducing, in any manner, the contents ofthis email. From: Kim Earl [mailto:kearl@alphaaircenter.com] Sent: Wednesday, May 15, 2013 10:45 AM To: Joshua Crooker Subject: FAA Rod from the FAA needs you to call him

.... It will need to be sometime when you can give him an hour ofyour time. He might even like a heads up on when--- or, afew minutes' notice because he said he would like to take the call in the conference room ratherthan 'on the fly'. 816-329-4026


### Kim Earl 

### AlphaAirCenter CSM I Marketing 5509 N. Dennis Weaver Dr. Joplin/Webb City, MO 64870 417-623-3113 417-434-4292 cell kearl@alphaaircenter.com www.alphaalrcenter.com
3No virus found inthis m--.ssage. CheckedbyAVG- www.avg.com Version: 2013.0.3336 I Virus Database: 316216325- Release Date: 05115113 No virus found inthis message. Checked byAVG- www.avg.com Version: 2013.0.3336 

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4

### Edwards, Peter From: Sent: To: Cc: Subject: Jeff Asbell <Jeff@jeffasbell.com> Friday, July 19, 2013 12:22 PM Stockam, Steve jcrooker@alphaaircenter.com FW: PSI FAA Site Application
Steve Here is another attempt to continue in or growth ofthe flight school. More FAA issues. Any word on your end from the FAA? Jeff From: Sandy Elford [mailto:Sandy.Eiford@psionline.com] 

### Sent: Friday, July 19, 2013 12:02 PM To: Jeff Asbell; jcrooker@alphaaircenter.com; info@alphaaircenter.com Subject: PSI FAA Site Application July 19, 2013 Kim Earl, Thank you for contacting me this morning, and for submitting an online application to join our FAA National Network of Test Sites. I will keep your application on file, but at this time we are under a FAA moratorium and cannot open any new test sites due to the government sequestration. We are in hopes thatthis moratorium will be lifted soon and will reach out to you at that time.

Best Regards, 

### Sanc(y 'Elforc( National Site Manager- Test Network PSI Services LLC P: 360-859-1271 F: 360-294-5060 selford@psionline.com www.psionline.com

1Edwards, Peter From: Stockam, Steve Sent: To: Cc: Tuesday, July 23, 2013 9:07AM 'richard.w.carlson@faa.gov' 'alfred.rager@faa.gov' Subject: Alpha Air

Mr. Carlson

.....is there a time that I can call and we can discuss this information request? I understand you were out of the office last week and I left a couple of phone messages for you. I really would appreciate the opportunity to speak with you about this issue. Let me know.

Steve Stockam, Airport Manager 602 South Main Street Joplin, MO 64801 417-623-0262 Ext. 5 SStockam@joplinmo.org From: Stockam, Steve Sent: Friday, July 12, 2013 11:11 AM To: 'Richard.Carlson@faa.gov' Cc: alfred.rager@faa.gov Subject: FW: Alpha Air Mr. Carlson

.... 1 understand that AI has forwarded this inquiry on to you. I hope you can shed some light on this for me as I it was my understanding that the process for these 3 Certifications by Alpha Air was progressing according to the FAA schedule.
Steve Stockam, Airport Manager 602 South Main Street Joplin, MO 64801 417-623-0262 Ext. 5 SStockam@joplinmo.org From: Stockam, Steve Sent: Thursday, July 11, 2013 4:51 PM To: alfred.rager@faa.gov Subject: Alpha Air AI The Airport has received a letterfrom Mizzou Aviation attorney concerning Alpha Air pursuit ofthe following certifications. The last correspondence I had from the FAAwas that Alpha was working toward getting these

1certification but were be,, •\l slowed due to the FAA's schedule. In an excerpt from the k

....;r listed below they mention thatthe FAA office in KC can verify that Alpha has abandoned these efforts. Is this true?
Since late 2011, Alpha AirCenter, LLC ("Alpha Air') has been permitted to operate as 

### a fixed base operator ("FBO'J at the Joplin MunicipalAirport. At the time it commencedbusiness, Alpha Airdid not comply with the Airport's Minimum Standards which are set forth in its "Use and Operating Agreement." SpecificallyAlpha Air was not FAA certified, and did notprovide the following substantive services: (1) aircharterin accordance with FederalAviation Regulation ("FAR'J part 135; (2) flight training in accordance with FARpart 141, and (3) maintenance in accordance with FAR part 145. Nonetheless, the AirportpermittedAlpha Airto begin operating as an FBO under

### a "conditional approval" datedJanuary 19, 2012. The "conditional approval"requiredAlpha Airto expedite its FAA certifications in the three substantive areas listed above as quickly aspossible andrequiredAlpha Airto provide regularcompliance reports regarding its progress. Since the "conditional approval,"more than eighteen months have passed withoutAlpha Airobtaining the required certifications, orcommencing to provide any ofthe required services. Alpha Airhas abandoned any efforts to obtain its certifications, 

### a fact which can be verified bycontacting the FAA's Kansas City office. In the meantime, the Airporthas permittedAlpha Air's noncompliance to continue, andhas, in fact, benefittedAlpha Airfurtherbyleasing to it valuable prime space in the Airport terminal.
Steve Stockam, Airport Manager 602 South Main Street Joplin, MO 64801 417-623-0262 Ext. 5 SStockam@joplinmo.org

2Edwards, Peter From: Edwards, Peter Sent: To: Tuesday, August 06, 2013 11:12 AM 'Shelley Ewalt' Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Shelley, Here is a copy of a letter sent to the FAA requesting some information. The City believes that Alpha has been pursuing these certificates but the process has been slowed by the FAA for various reasons. There was communication from the FAA in April of2012 that informed Alpha that the FAA would not be able to begin any certification process until after October 2012 due to budget issues. In October 2012, the FAA informed Alpha that they would only be able to pursue one certification at atime, due to "Government Sequestration" offederal agencies. The City received a letterfrom the FAA in January stating that Alpha had submitted its first Certification application and is proceeding on the FAA schedule. The City has also received communication from Alpha that Alpha as applied for a "Test Site" as a part oftheir Pilot Training Program, but Government Sequestration is holding up progress. The City has determined that Alpha is, in good faith, trying to obtain the required certificates but is working on the FAA's schedule. The holdup seems to be from the FAA. As a result, the City does not, at this time, think that it is being discriminatory to Mizzou Aviation. Please let me know ifyou have any questions. Peter From: Shelley Ewalt [mailto:sewalt@mklawnyc.com] Sent: Monday, August OS, 2013 4:10 PM To: Edwards, Peter; Head, Brian Cc: Leonard Kirsch Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Dear Mr. Edwards, It's important that we hear something definitive regarding the Airport situation soon. Best regards, Shelley Shelley A. Ewalt sewalt@mklawnyc.com Direct: (703) 399.6078 From: Edwards, Peter [mailto:PEdwards@Joplinmo.org] Sent: Monday, July 29, 2013 11:22 AM To: Shelley Ewalt; Head, Brian Cc: Leonard Kirsch Subject: RE: Discriminatory Conduct by Joplin Municipal Airport I am still waiting on afew things, and expect to have a written response to you later this week. Thanks, 1Peter From: Shelley Ewalt [mailto:sewalt@mklawnyc.com] Sent: Friday, July 26, 2013 1:11PM To: Edwards, Peter; Head, Brian Cc: Leonard Kirsch Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Dear Peter, Can you advise when the City will be getting back to us regarding the Airport situation? Best regards, Shelley Ewalt Shelley A. Ewalt McBreen & Kopko sewalt@mklawnyc.com Direct: (703) 399.6078 From: Shelley Ewalt Sent: Wednesday, July 17, 2013 12:26 PM To: 'Edwards, Peter' Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Hi Peter, Thanks for reaching out and contacting me. I understand that you were on vacation and appreciate your getting up to speed on these issues. As Ithink you will find out quite soon, the status ofAlpha Aviation's certifications and noncompliance with the Minimum Standards is not in question. Best regards, Shelley Ewalt
Shelley A. Ewalt sewalt@mklawnye.com Direct: (703) 399.6078 From: Edwards, Peter [mailto:PEdwards@Joplinmo.org] Sent: Wednesday, July 17, 2013 11:27 AM To: Shelley Ewalt Subject: RE: Discriminatory Conduct by Joplin Municipal Airport I am waiting on some information I have requested from our airport director and will contactyou, likely sometime next week, to discuss your letter. Thanks, Peter Edwards From: Shelley Ewalt [mailto:sewalt@mklawnyc.com] Sent: Thursday, July 11, 2013 11:00 AM 2To: Head, Brian Cc: Leonard Kirsch; wayne@mizzouaviation.com; Wayne (cnmpi@aol.com); Stockam, Steve; Edwards, Peter Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Thank you. Best regards, Shelley Ewalt Shelley A. Ewalt sewaltCmmklawnyc.com Direct: (703) 399.6078 From: Head, Brian [mailto:BHead@Joplinmo.org] Sent: Thursday, July 11, 2013 11:57 AM To: Shelley Ewalt Cc: Leonard Kirsch; wayne@mizzouaviation.com; Wayne (cnmpi@aol.com); Stockam, Steve; Edwards, Peter Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Mr. Edwards telephone is 417-624-0820 ext 227. I spoke with Mr. Stockam and he will be contacting the FAA to verify that Alpha has indeed abandoned their attempt for certification. Thank you for your understanding. 1am cc'ing Mr. Edwards on this e-mail so that you will also have his e-mail address. -Brian Brian Head, City Attorney- City ofJoplin, MO 602 S. Main St.- Joplin MO 64801 Ph: 417-624-0820 (ext. 225)- Fax: 417-625-4713

NOTE: The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients ofe-mail that (1) e-mail communication is not a secure method ofcommunication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you orvice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. Ifyou change your mind and want future communications to be sent in a different fashion, please let me know AT ONCE. "There are lies, damn lies, and then there are statistics." -Mark Twain From: Shelley Ewalt [mailto:sewalt@mklawnyc.com] Sent: Thursday, July 11, 2013 10:40 AM To: Head, Brian Cc: Leonard Kirsch; wayne@mizzouaviation.com; Wayne (cnmpi@aol.com); Stockam, Steve Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Dear Brian, Thanks for your prompt response. I look forward to discussing it with Peter Edwards next week. Could you send me his contact information? Our preference is to resolve this without the filing ofthe Part 16, and to the extent that the City 3and the Airport will need time to properly investigate the situation, and given that vacations are ongoing, we are willing to delay afiling based on the City and Airport's good faith intention to investigate fully. Iwill discuss the particulars of that with Mr. Edwards when he returns next week. Best regards, Shelley Ewalt Shelley A. Ewalt sewalt@mklawnyc.com Direct: (703) 399.6078 From: Head, Brian [mailto:BHead@Joplinmo.org] Sent: Thursday, July 11, 2013 11:16 AM To: Shelley Ewalt Cc: Leonard Kirsch; wayne@mizzouaviation.com; Wayne (cnmpi@aol.com); Stockam, Steve Subject: RE: Discriminatory Conduct by Joplin Municipal Airport Ms Ewalt, I have reviewed your correspondence and we will be investigating the allegations included therein. My Assistant Peter Edwards generally handles airport matters and is out oftown on vacation. I will be out oftown on vacation beginning the end of next week. Accordingly we cannot, unfortunately, meet your demand for corrective action by July. However, we would be happy to discuss these matters with you and attempt to resolve all issues in a reasonably timely manner. However, ifyou demand date is firm then you will simply need to proceed to file your complaint with the FAA because I do not believe we can investigate, formulate a course ofaction and act within the eight days you are requesting. Mr. Edwards will be in contact next week to discuss these matters with you. -Brian Brian Head, City Attorney- City ofJoplin, MO- 602 S. Main St.- Joplin MO 64801 Ph: 417-624-0820 (ext. 225)- Fax: 417-625-4713

NOTE: The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method ofcommunication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa, (3) persons not participating in our communication may intercept ourcommunications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. Ifyou change your mind and want future communications to be sent in a differentfashion, please let me know AT ONCE. "There are lies, damn lies, and then there are statistics." -Mark Twain From: Shelley Ewalt [mailto:sewalt@mklawnyc.com] Sent: Thursday, July 11, 2013 9:53 AM To: Head, Brian; Stockam, Steve Cc: Leonard Kirsch; wayne@mizzouaviation.com; Wayne (cnmpi@aol.com) Subject: Discriminatory Conduct by Joplin Municipal Airport Dear Mr. Head,

4I am counsel to Mizzou Aviation which is a fixed base operator ("FBO") at the Joplin Municipal Airport. As you know, the Airport is obligated to comply with FAA grant assurances in exchange for its receipt of Federal funds for Airport development and improvements. The Grant Assurances require, among otherthings, that the Airport maintain a level playing field for similarly situated competitors. Unfortunately the Airport has failed in its obligation to create and maintain a level playing field, causing harm to Mizzou Aviation and to the greater Airport aeronautical community, and jeopardizing the Airport's Federal grant funding. The attached letter explains in detail the discriminatory and unacceptable situation that exists at the Airport and requests the City's action and response no later than Friday July 19th, 2013. Please contact me at your earliest convenience to discuss resolution ofthe situation. Yours truly, Shelley A. Ewalt Shelley A. Ewalt Of Counsel McBreen & Kopko sewalt@mklawnyc.com Direct: (703) 399.6078

5'


### AIRPORT USE AND OPERATING AGREEMENT AVIATION ACTIVITY THIS AGREEMENT, made this 19th day ofJanuary, 2012, between

### th~C1tY(~lrDpihl,-~2:''L~iL Missouri, hereinafter called "City," and Alpha Air Center, 

### ILC, 5509 N. Dennis Weaver Drive, Webb City, MO 64870, a Missouri Limited Liability Company in good standing and duly authorized to conductbusiness inthe State ofMissouri, hereinafter called "Operator." WITNESSETH: WHEREAS, City operates the Joplin Regional Airport (hereinafter called "Airport") located inJoplin, JasperCounty, Missouri; and WHEREAS, the Airport is managed by the Airport Director (hereinafter called "Director"); and WHEREAS, Cityhas the authority to enter into agreements for the use ofthe airport and its facilities, together withthe rights, licenses, andprivileges hereinafter granted; and WHEREAS, Operator, will initiate its business of providing certain limited fixed-baseoperator ("FBO") services to general aviation aircraft and owners at the Airport; and, WHEREAS, this Agreement is contingent on the Operator have a public use hangar facility lease agreement inplace with the City; and NOW, THEREFORE, in consideration of the premises, covenants, agreements, rentals, andfees contained herein, City and Operator agree as follows. SECTION 1. TERM Subsection 1.01. Term. The term of this Agreement shall be for a period of five (5) years, commencing on March 1, 2012. The parties agree to enter into good faith negotiations for an additional term before expiration of the initial term conditioned on Operator meeting the requirements and being in compliance with this Agreement and Operator's desire for an additional term. Eitherparty may tetminate this Agreement, with or without cause, byproviding the other partythirty (30) days written notice. In 

### addition, this Agreement may be terminated as provided elsewhere in this Agreement. Subsection 1.02. Rentals and Fees. The rentals and fees as hereinafter provided may be adjusted from time to time upon written notice by the City at least thirty (30) days prior to the change. The Airport shall apply these rentals and fees the same for Operator as for similarly situated otherusers ofthe Airport. Subsection 1.03. Rights Upon Termination. Nothing herein contained shall be deemed to grant Operator an option or a right to renew or extend the term of this Agreement. Upon termination ofthis Agreement, the use ofthe Airportfacilities as herein provided and the rights,

1E. LandingFieldUse Feefor TransientAircraft. 1. Operator shall collect and pay to the City such landing field use fees as may be established by the Director for aircraft using the Airport for commercial flight revenue purposes such as, butnot limitedto, charteror airtaxi flights. 2. The Landing FieldUse Fee shall notapplyto aircraft ownedby Operatorand used for personal, rental orcharterpurposes inthe normal course ofbusiness as a fixed base operator. Operator shall make reasonable efforts, including the posting or display ofa rate schedule ornotice furnished bythe Director, to collect and remit landing field use fees from all aircraftbrought onto thepremises ofOperatortobe parked, tied-downor serviced. 3. Operator shall retain 25% of the total Landing Field Use Fees collected, the amount of which shall be deducted from Operator's monthly report and remittance to City. C. Based Aircraft. Any and all aircraft based at Airport shall only be charged the Fuel FlowageFee. Subsection2.02. OperationFee. A. Percentage ofGross Receipts. Operator shall payto Airport an additional fee equal to the following percentage of the gross receipts derived by Operator from all sources, except those sources listed below, or a minimum of $125.00 per month, whichever is greater. For determining the appropriate percentage to be paid by Operator, the Gross Receipts are totaled on a 12-month basis beginning with the first day of January (Operator's currentbeginning ofits fiscal year). Thus, the percentage ofgross receipts to be paid by Operator is determined on a 12-monthbasis and theresulting percentage is paid monthly onthemonthly Gross Receipts. 1) 

### 2) 3) 

### 4) For Gross Receipts from $0.00 to $500,000.00: ForGross Receipts from $500,000.01 to $750,000.00: For Gross Receipts from $750,000.01 to $1,000,000.00: For Gross Receipts greaterthan $1,000,000.00: 0.25% 0.50% 0.75% 1.00% B. Defmition of Gross Receipts. The term "Gross Receipts" shall mean the gross income received bythe Operator from cash and credit from all sources including, but not limited to, receipts from parts sales, aircraftcmaintenance labor-charges, student-pilot fees, instructor-pilot charges, pilot-supplies sales, aircraft storage, and all other types of income derived from business conducted on the premises except as excluded below. Amounts nltimately charged to Operator's bad debt account also shall be excluded. Bad debt recoveries, net of collection expense, shall be included. Gross Receipts, however, shall not include any federal, state, or municipal sales or other similar taxes that are separately stated and collected from customers of Operator now or hereafter levied or imposed, nor sums received as insurance proceeds or otherwise for damages to aircraft

3

### forcibly, ifnecessary, withoutprejudice to any remedy. Upon such action, this Agreement may, atthe optionofthe Airport, terminate. Subsection2.05. Late Charges. The Operator shall pay to the Airport a late charge equal to 1.5% per month on all fees charges that are 30 days past due. Said late charge shall commence on the past due amount from the date said payment was due and shall be computed to the date thepastdue amount is paid. Operator shallreceive written notice ofall pastdue invoices. SECTION 3. PRIVILEGES AND MINIMUM REQUIREMENTS Subsection 3.01. Quality of Service. Operator agrees to be diligent in the performance of Operator's business on the premises and to do those things necessary and proper to serve the public fairly and to conduct its business in a manner that will reflect credit upon the Airport and theCity. Subsection 3.02. Required Uses. The purpose ofthis Agreement is to grant to the Operator the right and privilege to conduct business as a Fixed Base Operator at the Airport. For this right, Operator shall provide the following described minimum services to the users of the Airport. These minimum 

### services are mandatory for the Operator to be a Fixed Base Operator at the Airport. Provided, however, the right and privilege to operate a Fixed Base Operation hereby granted shall exist on!y so long as the character of the services provided by Operator remain consistent with the high quality offacilities and services providedbyother Fixed Base Operators inthe area: A. 

### Fuel, Oil andTransientAircraft Services: 

### 1. As 

### an authorizedfueling agent; provide aviationfuel and oil for sale in conformance with FAA AC 150/5230 in regard to fire safetyfuel handling standards for fuel storage areas, unloading/loading stations, mobile fuelers, and fueling persormel as establishedbylocal fire code; and quality control standards as outlinedunder ASTM D1655-10; Standard Specificationfor AviationFuels. 2. Have the capability to perform minor repairs on a standby basis during daylight hours thatthemaintenance shop is closed; 3. Provide properfuel dispensing to service aircraft. 4. Fuel capacity (storage) with minimum 

### storage capacity of25,000 gallons: 20,000 gallons ofJetA fuel, and 5,000 gallons of lOOLL fuel. B. LineService and Pilot/PassengerFacilities: I. 

### Provide uniformed, qualified line persormel on full-time duty, five (5) days a week, Monday through Friday, during daylight hours, 7:00a.m. to 5:00p.m. In 

### conformance with federal standards as outlined in 14CFR Part 139.321, Hazardous Materials, or as it may be amended or superseded, Operator, as a

5

### the aircraft shop shall employ an A&P mechanic that the FAA has granted hlspection Authorization. D. Aircraft Charter, Rental and Pilot Training. Operator must hold the following certifications and licenses required onthe specifiedFAAregulations for the following services. Operator must hold the certifications and licenses in its name, and may not subcontract said services. 1. Aircraft charter and air taxi;

-- 1A W required perFAAPart 135 2. Aircraftrental and sales; --lAWrequired perFAAPart91 3. Flighttraining;

-- required perFAAPart 141 Certificate. E. Before Operator can commence operations as a Fixed Base Operator, Operator must show that it is in conformance and compliance with the minimum and mandatory requirements as set forth above. Director may request compliance reports from Operator at any time during the term of this Agreement to ensure Operator is in compliance and conformance with the minimum and mandatoryrequirements. Subsection 3.03. Permitted Uses. The following services are not required but maybe offered by Operator: A. 

### Aerial Ambulance; B. Aerial survey, photography and mapping; C. Aircraft painting, minor orcomplete which willrequire full ventilation; D. Aircraft salvage; E. Aircraft storage; F. Avionics repair; G. Crop spraying and agricultural aviation; H. Instrumentrepair; I. 

### Manufacture ofgeneral aviation aircraft components and accessories; J. 

### Propellerrepair; K. 

### Rental ofpassenger.automobiles to customers ofOperator's aviation services only; L. 

### Sale of general aviation pilot supplies such as maps, manuals, pilot equipment and training aids; M. Aircraft catering; N. Aircraft crew courtesycars; 0. Hotel, restaurant and venue shuttles for passengers and crew; P. Saleofaircraftparts and accessories; Subsection 3.04. Prohibited Uses. Operator shall not operate in any manner other than that set out in Sections 3.02 

### and 3.03. 

### Without limiting the generality ofthis prohibition, the following are specificallyprohibited withoutprior written consent oftheDirector: A. 

### Saleofalcoholicbeverages; B. 

### Maintenance orsale ofnon-aviationproducts orservices; C. Anyuseprohibitedbylaw orregulation;

7

### and readily identifiable. The operation of vehicles on the aircraft operationareas must comply with all federal, state, and local (including Airport) laws, regulations, ordinances, rules, andpolicies. Subsection 3.07. Ingress and Egress. For itself and its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees, Operator shall have the following privileges ofingress to and egress from the leased premises: (1) 

### For motor vehicles (excluding aircraft), use of the roadway that accesses the leased premises; and (2) For aircraft, use of the landing areas, taxiways, ramps, and aprons thataccess the leasedpremises. Suchuse is subjectto present and future federal, state, and local (including Airport) laws, regulations, rules, ordinances, policies, fees, and charges. Operator and its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees shall use said roadways, landing areas, taxiways, ramps, and apronsjointlywith otherpersons and entities and shall not"interfere with the use by others of said facilities. Operator shall not block, or store aircraft upon, the taxiways and shall not block public ramps. Motor vehicles (automobiles, trucks, etc.) are prohibited from parking on the ramps ortaxiways. Subsection 3.08. Fuel Sales. Operator may sell or dispense aircraft fuels to other airport users, including locally based and transient aircraft, until such time the City notifies Operator of its intent to sell fuel. The City reserves the right to take over the fuel sales at the Airport and become the sole and exclusive distributor of fuel. City agrees that it will not subcontract the right to provide fuel sales to any FBO. City may exercise this right by giving sixty (60) days written noticeto Operator. At the expirationofthe sixty (60) dayperiod, Operator will no longer bepermitted to sell fuel at the airport to other airport users, locally based and transient aircraft. At such time, Operator must purchase fuel from the City. Operator understands that any investment it makes in fuel infrastructure is done so at its own risk based on the City's reservation of rights stated herein. Any violation by the Operator of this subsection shall constitute a material breach ofthis Agreement, and shall constitute cause for termination ofthe Agreement pursuant to Subsection 8.01. In the event the City takes over the sale of fuel as described inthis Subsection 3.08 the following shall apply. A. Operator may dispense fuel to all aircraft wholly owned byit or leased by it from third parties, provided the Operatorhas exclusive rights to the possession and use ofthe leased aircraft, and that the aircraft owner retains no rights ofuse in the aircraft during the term ofsuch lease. Withrespect to such leased aircraft, the fuel provided byOperatormust be used in connection with flights by the Operator. Such dispensing of fuel requires a separate agreement with Airport. B. In

### the event Operator elects to dispense fuel, upon Airport premises, to aircraft owned or exclusively leased by it as described in the preceding subsection, Operator shall do so only in accordance with all applicable federal, state, and local (including Airport) laws, regulations, ordinances, rules, and policies, which rnaybe present!y in effect or hereafter enacted, including but not limited to such standards, rules, regulations, and policies as may be established regarding dispensing, storage, transportation, and securing of fuels; regarding storage facilities on Airport premises; regarding the protection of persons, property, and the environment; regarding the provision of financial responsibility,

9

### except, Airport shall have the right to make repairs when public safety is endangered without notice to Operator and may recover such costs from Operator; except Airport shall endeavor at all times to notify Operator. Subsection 4.03. Governmental Facilities. It is expressly agreed that if

### appropriations or funds for the provision, maintenance, or operation ofthe control tower, instrument landing system, or other air navigational aids 

### or other facilities required or permitted by the Federal Government and used by Operator for its operation at the Airport and which are now or may hereafter be furnished bythe Federal Government are thereafter discontinued, Airport shall notberequired to furnish such facilities. Subsection4.04. Nonliability. Airport, and its employees, officers, agents, and contractors, shall not be liable to Operator for any loss of revenue or property resulting from Airport's acts, omissions, or neglect in the maintenance, use, or operation of the Airport and its facilities or providing same with utility services. Airport reserves the right to further develop, improve, repair, alter, and add to the airport, including but not limited to all roadways, parking areas, terminal facilities, landing areas, and taxiways, as it mayreasonably seefit, free from any and all liability, including but not limited to negligence, to Operator for loss ofbusiness or damages of any nature whatsoever to Operatoroccasioned during the making ofor by such improvements, repairs, alterations, and additions
.. During such improvements, repairs, alterations, and additions, Airport shall endeavor to use its best efforts to provide reasonable ingress and egress to the leased premises for both aircraft and personnel in order to reasonably minimize Operator's loss ofrevenue orproperty during such improvements, repairs, alterations, and additions.

SECTION 5. OBLIGATIONS OF OPERATOR Subsection 5.01. Trash and Garbage. Operator shall use covered metal receptacles of sufficient size to be adequate for all garbage, trash, or otherrefuse onorinconnection with the premises or any ofthe uses permitted herein. Piling ofboxes, cartons, barrels, or other similar items in an unsafe orunsightlymanner in oronthe premises is prohibited. Subsection 5.02. Rules and Regulations. Operator shall comply with all applicable federal, state, and local (including Airport and City) laws, regulations, rules, ordinances, fees, and charges now inforce orhereafterprescribed orpromulgated. Subsection 5.03. Airport Security. Operator recognizes Airport's required compliance with Department of Homeland Securityffransportation Security Administration (DHStrSA) concerning airport security and shall comply with Airport orAirport Director directives currently in effect or as may hereafter become effective concerning airport security in relations to Operator's use ofthe leasedpremises and the Airport. Subsection 5.04. Civil Fine or Penalty. In

### the event that Airport shallbe subjectto any civil fine or penalty by reason of Operator's violation of any federal, state, or local rule, regulation, ordinance, or standard as now orhereafter may be promulgated or enacted, the cost of such fine

11

### acts, errors, or omissions of Operator, any contractor of Operator, or any person directly or indirectly employed by any ofthem, or by an action, error, or omission of any other person for whom Operator or contractormay be liable. Such obligation shall not negate, abridge, or reduce in any way any additional indemnification right ofAirport that otherwise may existunder statute orin law or equity. Subsection 6.02. Public Liability Insurance. Operator, at its expense, shall procure and keep in force at all times during the term of this Agreement from a financially sound and reputable company that has an A.M. Best Company rating of at least an "A" rating, or similar rating by another insurance rating company, and is licensed and authorized to conductbusiness inthe State of Missouri, comprehensive general liability insurance, with independent contractor's coverage and contractual liability endorsement, including but not limited to aircraft liability, airport premises liability, and automobile liability coverage insuring Operator, the City ofJoplin, and theAirport for personal injury and property damage, and such other insurance necessary to protect Airport from all such claims and actions described in the preceding subsection. Without limiting its liability, Operator agrees to carry and keep in force insurance with single limit liability for personal injury or death and property damage in a sum not less than $1,000,000.00 perperson and $2,500,000.00 per occurrence. Operator shall furnish Airport with a certificate of insurance as evidence of coverage. Said insurance policies shall not be canceled or materially modified or non-renewed except upon thirty (30) days advance written notice to Airport. Coverage is to bewritten onthebroadestliability form that is customarily available at reasonable cost. The insurance carrier shall not avoid liability under such policies by claiming Airport governmental immunity. Airport shall be a named insured upon all such policies, but shall have no obligation for the payment ofany premiums for such coverage. In the event the scope ofthe Airport's tort liability as a governmental entity described in Section 537.600 through .650, RSMo., inclusive, is broadened or increased during the term of this Agreement by subsequent legislative or court action, Airport, upon written notice to Operator, may require Operator to provide additional coverage sufficient to protect the Airport and the City ofJoplin's interests to the extent ofany such change. If

### the Airport's current limitations upon tort liability are abolished entirely, Airport may require Operator to provide such coverage to protect the Airport and the City of Joplin's interests as may be reasonable and prudent for the risks associated with the activities allowed underthis Agreement. Subsection 6.03. Non-limitation. Nothing contained herein shall be deemed to limit or otherwisereduce Operator's liabilityhereunderto the insurance limits hereinprovided. Subsection 6.04. Independent Contractor. Operator is an independent contractor and not an agent oremployee ofAirport withrespect to its acts, errors, oromissions. SECTION 7. DAMAGE OR DESTRUCTION OFPREMISES Subsection 7.01. Partial Damage. If

### Airport's facilities are partially damaged by explosion, fire, the elements, public enemy, or other casualty, but not rendered untenantable, Airport at its own cost and expense and within its discretion may repair same; provided, however, that if the damage is caused by an act, error, or omission of Operator, or its contractors, Operator's employees, agents, passengers, guests, patrons, invitees, or licensees, but specifically excluding

13

### C. A court shall takejurisdiction ofOperator and its assets pursuant to proceedings brought under the provisions ofany Federal reorganization act. D. A receiver ofOperator's assets shall be appointed. E. Operator shall be lawfully divested of or prevented by a final action of any cognizant Federal or State authority from conducting any ofits operations at Airport. F. Operator voluntarily abandons its conduct of aircraft service and repair for a period of thirty (30) days, except if such is due to a labor strike or labor dispute in which Operator is involved. G. Operator assigns amajority ofits assets for thebenefitofits creditors. H. The material breach by Operator ofany ofthe covenants or agreements herein contained, except as herein specifically provided elsewhere, and the failure of Operator to remedy such breach as hereinafter provided. In 

### the event of such material breach, Airport may give Operator notice in writing to correct such breach, and if such breach shall continue for thirty (30) days after such notice, Airport may cancel this Agreement, without forfeiture, waiver, or release of Airport's rights to any sum of money due under the provisions ofthis Agreement. I. Upon Airport being sued for noise or other emission ofaircraft which lawsuit results in a final judgment being entered against the Airport and upon the parties jointly failing to abate the cause of said noise or emission from aircraft as a basis for further lawsuits and upon the Airport giving the Operatorthirty (30) days notice that the problemhas notbeen corrected
.. 

### J. Upon termination (either by Operator or Lessee) ofOperator's agreement with Lessee to operate its general aviation services onthe LeasedPremises. K. 

### The breach of any one of the covenants contained in Subsection 3.04 and Operator's failure to remedy said breach within thirty (30) days ofreceipt ofwritten notice of such breach. Termination for failure to remedy said breach within thirty (30) days shall not require any further notice but the Airport may terminate, inunediately, this Agreement upon such failure to remedy. Subsection 8.02. CancellationbyOperator. Operator may cancel this Agreement and terminate all its obligations hereunder at any time Operator is not in default in the payment ofany fees or charges to Airport as herein provided, upon the provision of 10 days prior written notice to Airport, upon or after the happening ofany one ofthe following events: A. 

### The permanent abandonment ofthe AirportbyAirport.

15

### Subsection 1 0.2. Subcontracting. Operator may contract with other persons or finns for the performance ofvarious portions ofits business activities permitted under this Agreement, unless specifically noted in this Agreement, and except that Operator must apply for and hold in its name, all licenses and certificates as set forth in this Agreement. The Operator shall be responsible to the Airport for the compliance by said contractors and agents with the terms of this Agreement, and with all Federal, State and local laws, ordinances, rules and regulations, and those ofthe Airport. Such subcontracting or delegation shall not relieve the Operator of any of its obligations hereunder and shall not relieve said contractors, delegees, or other persons ofthe requirement for an agreement with Airport. Operator shall be responsible to the Airport for the activities of said parties in all respects under this Agreement, including but not limited to contract performance, breach, compliance and good standing with all required licenses and certifications required under the terms of this Agreement, indemnity to the Airport for acts, errors, or omissions, insurance, etc., to the same extent and scope as if said contractors or delegees were direct employees ofthe Operator. SECTION 11. GOVERNMENT INCLUSION Subsection 11.01. Subordination. Operator covenants and agrees that this Agreement shall be subordinate to the provisions of any existing or future agreements between Airport and the Federal Govenunent relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting ofFederal funds for thedevelopment ofthe Airport. Subsection 11.02. Nondiscrimination. Operator will not, on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or group ofpersons in anymannerprohibited by TitleVI ofthe Civil Rights Act of 1964 and Part 21 ofthe Regulations ofthe Office ofthe Secretary ofTransportation. Airportreserves the right to take such action as the United States Government may direct to enforce this covenant. Operator agrees to furnish service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable, and not unjustly discriminatory prices for each unit of service; provided, that Operator may make reasonable and nondiscriminatory discounts, rebates, or other similar types ofprice reductions. Operator agrees, in the performance ofthis Agreement, not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Operator or employmentapplicant. SECTION 12. AFFIRMATIVE ACTION PROGRAMS Subsection 12.01. Operator assures that it will undertake an affirmative action program as required by 14 CFR Part 152, SubpartE, to ensure that no person on grounds ofrace, sex, creed, color, or national origin, is excluded from participating in any employment activities. Operator assures that no person shall be excluded on these grounds from participating in or receiving services orbenefits ofany program or activity covered by this subpart. Operator assures that it will require that its covered suborganizations provide assurances to Operator that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFRPart 152, SubpartE.

17

## '
delayed, or performed, nor shall Airport, or Director, impose unreasonable conditions to its approval, consent, or actions. Subsection 13.09. Successors. This Agreement shall bind and inure to the benefit ofany assigns or successors ofAirport and any assigns or successors ofOperator. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.

Attest: 

### CITY OF JOPLIN, MISSOURI, A Municipal Corporation



# ~olrr, Cicy--



# £a,LA4t~

BarbaraHogelin, CityCie
Approved as to form:

BrianW. Head CityAttorney



### OPERATOR

JeffAsbel , Owner Alpha · Center, LLC

19

·

### ..

# RegionalAirport Ail·Servicefo1· the Fourstates January 19, 2012 Mr. JeffAsbell Alpha Air Center, LLC 5509 N. Dennis Weaver Drive Webb City, MO 64870 Dear Mr. Asbell 1\·lain St rnHt ,Joplin. MO u'l801 4 1i -G2:l-02G2 1-'ax

**~** 17-G:iii-,liJA E·mail:

**sst-.oekamcr~;jop**linmo.org

In review ofthe FBO Compliance data you have submitted we believe you have met the requirements ofthe minimum standards exceptwith the following issues: · 1
. Alpha Air does not currently hold a Part 135 and Part 141 Certification from the FAA 2. Application for these certifications has been made and you have submitted copies ofthe applications and FAA verification of receipt. 3. Alpha Air has provided an interim, certified, third party contractorto supplythese services while in the process ofobtaining these certifications. 4. Alpha Air has provided a letterfrom the FAA stating the FAA will provide us with the timeline forthe certification. Per your request the Joplin Regional Airport will issue a "Conditional" FBO Compliance to Alpha Air with the following stipulations; 1
. Alpha Air Centerwill expedite all requirements to obtain the above mentioned certifications within the guidelines from the FAA perthe reference in the letterfrom Mr. Richard Carlson, Manager, Kansas City Flight Standards. 2. Underthe direction ofthe Airport Managerand the Joplin City Attorney there will be a review every 90 days ofthe certification process until full certification compliance, within the FAA timeline, has been met. Alpha Airwill submit a progress report with backup from the FAAfor this review. 3. IfAlpha Airfails to meet the progress requirements you will have 30 days to correct the action. Failure to meet the progress requirements or corrective action ofthe 90 day review will result in the immediate loss of ability to provide FBO services at the Joplin Regional Airport. This agreement will allowAlpha Air to begin providing FBO services but will allow the Joplin Regional Airport the ability to monitorthe progress ofthe certifications u 

### ·1 full com liance has been obtained.
sbell, Alpha Air Center, LLC

## FBO COMPLIANCE FORM OPERATIONAL MINIMUM STANDARDS FOR ALPHA AIR CENTER, LLC JOPLIN REGIONAL AIRPORT, KJLN JOPLIN, MISSOURI 

## 12/2/2011

## FBO COMPLIANCE FORM 

## OPERATIONAL MINIMUM STANDARDS FBOName: Alpha Air Center, LLC
Within the FBO Operations Agreement for the JoplinRegional Airport the Operator agrees to be diligent inthe performance ofOperator's business onthe premises and to do those things necessary and proper to serve the public fairly and to conductits business in a manner that will reflect credit upon the Airport and the City. Thepurpose ofthis Operational Agreement is to grant to the Operator the right andprivilegeto conduct business as a Fixed Base Operator atthe Airport. Forthis right, Operator shall provide & maintainthe following described minimum services to the users ofthe Airport. These minimum services are mandatory for the Operatorto be a Fixed Base Operator at the Airport perthe FBO Operational Agreement. Thisform will be used as thejustification for compliance ofthe standards set forth inthe operational agreement. All elements have beentalcen directly for Section 3 and each will needto be addressed with the necessary documentation attached. This will become the record ofcompliance for each operator. A. Fuel, Oil and Transient Aircraft Services: I. As.an authorized fueling agent; provide aviationfuel and oil for sale inconformance with FAA AC 150/5230 inregard to fire safety fuel handling standards for fuel storage areas, unloading/loading stations, mobile fuelers, and fueling personnel as established by local fire code; andquality control standards as outlinedunderASTM Dl655-10; Standard Specification for Aviation Fuels. Providename& contactinformation ofyourfuel supplierand a copy ofthe signatory page of yourfuel contract: Avfuel Corporation, 47 W. Ellsworth, P.O. Box 1387, AnnArbor, Ml 48106-13877, 1-800-521-4106, www.avfuel.com SeeAttachment "A" fuel contract 2. Have the capability to performminorrepairs on a standby basis during daylight hours that the maintenance shop is closed. Provideyour operation hours SOP for compliance:
___ **_,A~lp~h~a~A~i!.r~C,_,e~n~te~r!...!!h o~u!.rs~o!.f** __ _ operation are 6 Am to 9 PM 7 day a week. 3. Provide properfuel dispensingto service aircraft. Provide a list & description ofyourfueling equipment: ---------------- • 1983 GarsiteJetA 2,500 gal. refueler on Chevy chassis with 2 overwinghoses and 1 underwinghose, meters w/ticketprinter.

• 1977 Garsite 100LL 1,000 gaL refueler on Chevychassis with 1 overwinghose, meter w/ ticketprinter.

• Fue!Farm: • JetA: MotherTank 12,000 gallon UL 142 double-wall storagetankwith epoxy coating. 200 GPMpumping svstem for unloadingtransports and bottom-loadingdispensing equipmentmounted in containmentpanwith a front canopy.

### • There is a 200 GPM flow meterwith reset counter and totalizer, LC modelM15-A2. One controlvalve with pilot pressure control, OCV model 65-3. One deadman pendant switch with relay Daniel model4052. Overfill alarm and leakdetection w/ alarm.
• Pipingfor this tankincludes:
• One2" x 12' aviation refuelinghose, Hewitt model CP320144HABA • One3" aluminum swivel joint, OPW model3630-F0-0301 • Oneunderwingnozzle with 100 mesh strainer,Cartermodel64200CP • One springrewind static reelwith 50' ofcable and clip,Hannaymodel GR-75-5- • Also, one hand operated sumpumpwith ballvalve, FillRite model152 • This tankis eguipped withfloating suction aswell as a JetA stainless steel recovery tank.
• One 8,000 gal epoxy coated JetA daughtertankplumbed into theMotherTankfor a totalof20,000 gal JetA capacitv. Av as:
• One 100LL 10,000 gal uprighttankwith pump skid. • Piping includes horizontalfilter, aireliminator and pressure reliefto comply with NFPA 30. Approved drybreakavgas nozzle This tankis also eguipped with a stainless steelrecovery tank. · Containment: Thefuel farm is 

### setin a concrete containment area incompliance with the City of Joplin and State ofMissouri requirements. 4. Fuel capacity (storage) with minimum storage capacity of25,000 gallons: 20,000 gallons ofJet A fuel, and 5,000 gallons of 1OOLL fuel.

- 

### Listcapacitiesintendedto provide: JetA double wall tank 12.000 gal. ; JetA tank

- 8,000 gal. ; lOOLL tank-10,000 gal. ; JetA fuel truck- 2,500 gal.; lOOLL fuel truck- 1,000 gal.

B. Line Service and Pilot/Passenger Facilities: 1. Provide uniformed, qualified line personnel on full-time duty, five (5) days a week, Monday through Friday, during daylight hours, 7:00a.m. to 5:00p.m. In conformance with federal standards as outlined in 14CFRPart 139.321, Hazardous Materials, or as it may be amended or superseded, Operator, as a fueling agent, shall provide training to all personnel involved with its fueling operations as follows;
a. A minimum ofone Supervisorwill have completed an initial, FAA approved aviation fuel training course in fire safety and received recurrent training in an FAA approved aviation fuel training course at least once every 24 months. 

### Name ofSupervisor Dale L. Janssen Provide documentation of**trainingg_-"'S~e.!i:e..t.A~tt~a~c!:!h!!!m~e!!nl:.t_".!!B!..."------------**b. A
.. v.Jltor employees who fuel aircraft, accept fuel deliveries, orhai"-'e fuel, will receive at least initial on-the-job training in fire safety andrecurrent training every 24 months from the Supervisormentioned inprevious paragraph. 

### Provide a copy ofTrainingProgram SeeAttachment "C"FireTraining
c. Written confirmation thatthe above training standards have been accomplished shall be submitted to airport management once every 12 months. 

### Providewritten confirmation listingeach employee: As each employee is hired they will receive therequired trainingand written confirmation submitted to AM with records maintained as directed by the AM forhis review at anvtime
d. 

### All personnel fuel training records shall be maintained for 24 months at the fueling agent's office in a manner and form approvedby airport management, and shall be subjectto review by airport management at any time. 2. Provide suitable hard surface aircraft parking and tie-down services; 

### Provide map ofparkingand tiedown area designated to your operation. There are 66,000 sq. ft. ofconcrete ramp parkinglocated in front ofthe old terminal building andAlpha AirCenterfacilities. It

### is ourintention to utilize this area foriterant and base parking. Parkingwill be spaced adequately apartto accommodate a variety of aircraft andto allow adequate space forfuel trucks and passing aircraftto safely maneuver. Overnightparkingand duringinclementweatherwill be atthe communitvtie towns located to the South and in theWesthangar area. See Attachment "E"

3. Provide adequate ground equipment, i.e., groundpower units, aircraft tugs, portable compressors air, engine heaters and the like; 

### List ofequipment: • JohnDeere 755 equipped as aircrafttugincludingtow bars,
• HobartJet-Ex4 GPU • Fox CartModel1600 GPU • SpeedAirPortablecompressor • Electric preheaterwith cowl ducting • Assorted ladders includingwheeled tail ladder 4. Provide adequate waiting lounge, pilot briefmgroom, restrooms, telephones and the like; 

### Provide buildingplan ofdesignated areas; SeeAttachment "F"buildingplan

5. Provide adequate facilities for washing and cleaning aircraft that provide for catching run-offand dischargingthrough oil/water separator into sanitary sewer. 

### Providenarrativeto describe how you intend to comply: Ourhangaris specially designed for this purpose. A catch drain runs thefull depth ofthe building atthe center and is deposited in a grease trap atthe north west cornerofthe site. Aircraft are parked insidefor initial scrub down and degreasing allowingfor all contaminatedwater and soap to be treated.C. .Airframe anaPowerplant Maintenance: 1. Provide aircraft and engine maintenance by qualified A&P licensed mechanics. At a minimum, Operator shall have one (I) mechanic on site at the AirportMonday through Friday 7:00a.m. to 5:00p.m.,and on call at all othertimes, and onthe weekends, with the ability to respond to maintenance calls withinone (1) hour. 

### ProvideNames ofeach mechanic, a copy oftheirlicense, andtheir standardwork schedule: Weare subcontractingthese services, see item C.,2

2. Operatormay subcontract such services upon written approval by the Director, which shall not be unreasonably withheld. 

### Provide Names ofeach contract mechanic, a copy oftheir license, and theirstandard work schedule: We havecontractedwith TwistedWrench Aviation, LLC andthefollowing qualified mechanics to providerequired servicebetween thehours of7AMuntilSPM Mondaythru Fridayto include 24/7 call outwithin (1) 

### hour. Charles R.Mueller A&P lA MattVanOrman A&P See Attachments "G & H" License
3. At all times the aircraft shop shall be operated and maintained in accordance with standards set forth for an FAA approvedrepair station as outlinedinFAA Regulation Part 145, or as it maybe amended or superseded, or as an alternative, the aircraft shop shall employ an A&P mechanic thatthe FAA has granted Inspection Authorization. 

### Provide a copy ofPart 145 Certification: SeeAttachment "G" License ListMechanic designated to conductinspection:
___ !=C<.!h!!a!!r.!!le!:!s!...!R!!:...

**M~u~e~l~lee!r_,_, .o:A~&~P,_,**  **~lA~--** D. Aircraft Charter, Rental and Pilot Training. Operatormusthold the following certifications and licenses required onthe specified FAAregulations for the following services. Operatormust hold the certifications and licenses in its name, and may not subcontract said services. 1. Aircraft charter and air taxi;-- IA W requiredperFAA Part 135 

### Provide Copy ofCertification: See Attachment 

### "I" request 2. Aircraft rental and sales;

-- IAW required perFAAPart 91 

### ProvideCopy ofCertification:

**_--!.P~en~d~I!!:·n~g~....,...,,...----------------** 3. Flighttraining;

-- required per FAAPart 141 Certificate. 

### ProvideCopy ofCertification: See Attachment 

### "I" request E. Before Operator can commence operations as a FixedBase Operator, Operator must showthat it is in conformance and compliance withthe minimum andmandatory requirements as setforth above. Director may request compliance reports from Operatorat any time during the term ofthis Agreementto ensure Operatoris in compliance and co ance withthe minimum and

**mand~~** requirements. / 

# ji;;e }1tv1;:,_,.-.s • 

### fflr-"'



## ~ 

# v . . '_,.,_,,__
Name ofFBO Sign ory Steve Stockam, !oplinAirport ManagerThefollow.ing service; <Ue not required but may be offeredby Operator: Check any ifoffered: 

# D 

# D D

# ~ D D D D D D 

# w**~'**

# ~ Aerial Ambulance: Aerial survey, photography and mapping; Aircraft painting, minor or complete which will require full ventilation; Aircraft salvage; Aircraft storage; Avionics repair; Crop spraying and agricultural aviation; Instrumentrepair; Manufacture ofgeneral aviation aircraft components and accessories; Propellerrepair; Rental ofpassenger automobiles to customers ofOperator's aviation services only; Sale ofgeneral aviation pilot supplies such as maps, manuals, pilot equipment and training aids; Aircraft catering; Aircraft crewcourtesy cars; Hotel, restaurant and venue shuttles for passengers and crew; Sale ofaircraft parts and accessories;Attachment "A" Fuel Contract We are currently in negotiations with Avfuel to provide fuel services. This process is ongoing and will be finalized with the advancement ofthis Minimum Standards Compliance approval. We are determined to get the best service possible forthe Joplin Flying public and our customers. Please allow us to secure the best possible contract, regardless whom we choose to contract with. We will provide a copy ofthe signature page immediatelywhen received. ManagementAVFUEL14CFRPART139FIRETRAINING(})a{eJanssenhassuccessfullycompletedallclassroomandpracticalinstructionnecessarytomeetrequiredtrainingunder14CFRPart139.321!Novem6er3,20114-----Attachment "C" Fire Training ' Atthe currenttime the fire training program consists oftraining material provided by Avfuel recently utilized in formal training. All fuel handling personnel are required to undergo initial fire safety and suppression instruction. A record ofthe individuals training will be kept on file and a form stating such submitted each 12 monthsto Airport Management. A fire training program developed in conjunction with Avfuel, Joplin Regional Airport Fire Chief and Joplin Fire Department is proposed. Dale Janssen is a veteran firefighter with theJoplin Fire Department with 13 years experience and obtained 12 hrs credits through UCMO fire science program. He has also completed the required Part 139 FAA course within the preceding 24 months and will be the training program directorfor Alpha Air Center.Attachment "D"

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### ' IAttachment "G" License.

UNITED STATES OF-AMERICA DEPARTMENT OF. TRANSPORTATION. FEDERAL AI'IATION ADMINISTRATION INSPECTION AUTHORIZATION

04/12/2011

### Attachment "H" License5509 N. Dennis Weaver Dr. Joplin, MO 64870 11/02/2011 City ofJoplin Airport Director 602 S. Main Joplin, MO 64801 Dear Mr. Stockam, Attachment "I'' 

## AlphaAir Center, LLC 417 623-3113 417 621-0195 Fax

This request is in regard to the Airport Use and Operating Agreement between the City of Joplin and Alpha Air Center, LLC. Regarding Section 3 subparagraph 3.02 D, Aircraft Charter, Rental and Pilot Training. It is our intention to apply for and receive the required certifications and licenses from the FAA as quickly as possible. Based upon recent conversations with officials including AI Rager, 816-329-4011, with the FAA FSDO in Kansas City, it is our understanding that the time frame to receive the required certifications can be 12 months or more. We are prepared to make application for each Part 135 and Part 141 and will furnish information on our progress on a quarterly basis. In the mean time it is our intention to contract with current part 135 companies to provide charter services and to provide flight training in accordance with part 61. Based on these and otherfactors beyond our control such as future FAA funding issues, we are requesting a 24 month period for obtaining certification with applicable 120 day extensions ifthe certificates have not been issued due to our negligence. One ofthe comments that caught my ear on this morning's conversation with Mr. Rager was; "many times it takes twice as long as we think it will".



# ~~ Dale L. Janssen General Manager 417 782-1475 Cell dljco1 @gmail.com

cc: JeffAsbell