UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In re the Complaint of 

R.L.S. RENTAL COMPANY, INC., 

DIB/AMIZZOU AVIATION 

Complainant, 

against 

JOPLIN REGIONAL AIRPORT, 

CITY OF JOPLIN, MISSOURI 

Pursuant to Part 16 of the 

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 states to 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 Paragraph 4. of Complainant's Complaint. 

1 
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. of Complainant'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. of Complainant'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. of Complainant'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. 

2 
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. 

of Complainant'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. 

3 
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. of Complainant'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. 

3 7. Respondent admits that the Alpha Air FBO Agreement was approved in 20 II, but 

denies each and every other allegation contained in Paragraph 3 7. of Complainant'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. of Complainant's Complaint, and accordingly, Respondent denies each and every 

allegation contained in Paragraph 42. of Complainant's Complaint. 

4 
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. 

4 7. Respondent denies the allegations contained in Paragraph 4 7. 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. 

5 
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. of Complainant'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. of Complainant'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. of Complainant's Complaint. 

6 
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. of Complainant'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. of Complainant'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. of Complainant'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. 

7 
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 and just. 

FURTHER ANSWER 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 of these complaints and letters are attached as Exhibit A. 

8 
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 unsubstantiated by the F.A.A. 

Respondent further answers that a synopsis of the 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 of Alpha Air LLC's FBO Agreement with the City of 

Joplin, attached hereto and incorporated herein by reference as Exhibit C. 

Respondent has provided a copy of Alpha's compliance information provided to the City 

of Joplin in January of2012, attached hereto and incorporated herein by reference as Exhibit D. 

Respondent has leased approximately 5,000 square feet of office 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 13 5 

service through a third party contractor pending the approval of its Part 135 certificate. Alpha 

9 
provides 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 staff that 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. 

On November 11, 2013, Respondent has learned that the F.A.A. representatives from the 

Kansas City office were at the Joplin Airport the week of November 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 of Joplin, Missouri 

602 S. Main Street 

Joplin, MO 64801 

Tel: ( 417) 624-0820, X227 

Fax: (417) 625-4713 

ATTORNEY FOR RESPONDENT 

JOPLIN REGIONAL AIRPORT, 

CITY OF JOPLIN, MISSOURI. 
SERVICE CERTIFICATION 

I hereby certify that on November 12, 2013, I mailed a copy of Respondent'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 North Broadway 

Jericho, New York 11753 

11 

(\ v_~ 

Peter C.<~~ Attorney for the City of Joplin 
Missouri 

Department 

of Transportation 

February 8, 2011 

Mr. Steve Stockam 

Joplin Regional Airport 

602 South Main 

Joplin, MO 64801 

Dear Mr. Stockam: 

Re: Joplin Regional Airport 

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 Mizzou Aviation. 

Please address all issues identified in Mr. Kirsch's letter of November 22, 2010, and 

accompanying information and submit written responses to our office for our review. 

Please feel free to contact me if you should have any questions. 

""11£. 4.t- Administrator of Aviation 

Attachments 

cc: Mr. Leonard D. Kirsch, Le.tter only 

Ms. Lynn Martin, Federal Aviation Administration, Letter only 

Mr. Mike Faltermeier, Federal Aviation Administration, Letter only 

Our mission is to provide a world-class transporlation experience that delights our customers and promotes a prosperous Missouri. 
MoDUT 

Missouri Department of Transportation 

Kevin Keith, Director 

December 7, 2011 

Mr. Leonard Kirsch 

McBreen & Kopko 

Attorneys at Law 

500 North Broadway, Suite 129 

Jericho, New York 11753 

Dear Mr. Kirsch: 

105 West Capitol A 

P.O.Box270 

Jefferson City, Missouri 65102 

573.751.2551 

Fax: 573.751.6555 

1.888.ASK MODO'[ (275.6636) 

Re: Part 13 Complaint ofMizzou Aviation against Joplin Regional Airport 

Thank you for your letter dated October 21, 2011 referencing a Part 13 complaint ofMizzou 

Aviation against the Joplin Regional Airport. Your letter raises several issues. I have 

summarized the issue and provided a response below for each. 

Grant Assurance 22 (Economic Non-Discrimination) 

Based on information provided by the Joplin Regional Airport, Alpha Air and/or other Fixed 

Base Operators at the Joplin Regional Airport will be required to enter into an "Airport Use 

and Operating Agreement" that includes "Privileges and Minimum Requirements" (attached). 

In a letter from the Joplin Regional Airport dated October 20, 2011 (attached), any party that 

can meet the standards set forth in the agreement will be allowed to operate at Joplin. 

Minimum Standards 

The Federal Aviation Administration recommends the establishment of minimum standards. 

During the development of minimum standards for the airport, coordination was conducted 

with the existing FBO and other interested parties. Minimum Standards were established at 

the airport in October, 2011. The standards are listed in Section 3 of the "Airport Use and 

Operating Agreement". 

Right to Deny FBO Status to an Undercapitalized and Unsafe Party and 

lJ1complete/Outdated Proposal 

A new FBO interested in operating at the Joplin Regional Airport will be required to meet the 

standards set forth in the airport's "Airport Use and Operating Agreement". 

Our missioTr. is to provide a world-class transportation erpprience that 

delights our customers and promotes a prosperous Mssouri. 

www.modot.org 
Airport Layout Plan 

The existing Airport Layout Plan proposes the "old" terminal area be developed into a 

GNcorporate area This proposed development would not be contradictory to the existing 

Airport Layout Plan. 

Per the airport's "Airport Use and Operating Agreement" an FBO "operator shall comply with 

all applicable federal, state, and local (including Airport and City) laws, regulation, rules, 

9rdinances, fees, and charges now in force or hereafter prescribed or promulgated. 

In summary, as long as an FBO enters into the airport's "Airport Use and Operating 

Agreement'', our office does not see a further need to pursue this issue. 

This correspondence is also being forwarded to the Joplin Regional Airport for its use. 

Thank you again for your letter. If you have further questions, please do not hesitate to 

contact our office. 

Since~, 

_deW 

Jbe Pestka 

Administrator of Aviation 

Attachments 

cc: Mr. Steve Stockam, Joplin Regional Airport 

Ms. LynoMartin, Federal Aviation Administration 
U.S. ,Department 

Of Transportation 

Federal Aviation 

Administration 

January 7, 2011 

Mr. Joseph Pestka 

Administrator of Aviation 

Central Region 

Iowa, Kansas 

Missouri, Nebraska 

Missouri Highway & Transportation Department 

P.O.Box270 

Jefferson City, MO 65102 

Dear Mr. Pestka: 

901 Locust 

Kansas City, Missouri 64106-2325 

RECEIVED 

JAN12 '2011 

MULTI MODAL 

OPERATIONS 

RE: Informal Complaint of Mizzou Aviation Against the 

Joplin Regional Airport 

Joplin, Missouri 

Enclosed is an informal complaint dated November 22, 2010, from Mr. Mr. Leonard D. 

Kirsch, Attorney at Law, alleging economic discrimination against his client, Mizzou 

Aviation, by the Joplin Regional Airport. 

Inasmuch as this location has been funded under the Missouri State Block Grant Program and 

compliance falls within the jurisdiction of your office, this informal complaint is being 

forwarded to you for appropriate action. Please provide this office with a copy of your 

response. 

Sincerely, 

'ikU~Ui& J!Jluftw 

Nicoletta S. Oliver 

Airports Compliance Specialist 

Enclosures 

cc: 

AC0-100 

./ 

' I 
U.S. ;Department 

Of Transportation 

Federal Aviation 

Administration 

January 7, 2011 

Mr .. Leonard D. Kirsch 

Attorney at Law 

McBreen & Kopko 

Central Region 

Iowa, Kansas 

Missouri, Nebraska 

500 North Broadway, Suite 129 

Jericho, New York 11753 

Dear Mr. Kirsch: 

RE: Informal Complaint 

Joplin Regional Airport 

Joplin, Missouri 

901 Locust 

r:CEJV.ED 

JAN 13 ZO!l 

MULTI MODAL 

OPERATIONS 

Kansas City, Missouri 64106-2325 

We have received your informal complaint dated November 22, 2010, alleging economic 

discrimination against your client, Mizzou Aviation, by the Joplin Regional Airport. 

The ,State of Missouri is a Block Grant State under the Federal Airport Improvement Program 

(AIJ:i). The City of Joplin is included in the jurisdiction of the Missouri Department of 

Transportation (MoDOT) under the State Block Grant Program and we have forwarded your 

doclfments to Mr. Joe Pestka, Administrator of Aviation, Missouri Department of 

Transportation (MoDOT), P.O. Box 270, Jefferson City, Missouri 65102, for appropriate 

action. 

We have requestddMr. Pestka to keep us advised ofbis response made to you relative to this 

complaint. Please feel free to contact bim at the above address or at (573) 526-7912. 

Sincerely, 

Qriginal Signed By: 

Nicoletta S. Oliver 

Nicoletta S. Oliver 

Airports Compliance Specialist 

cc: 

Joe ,Pestka, MoDOT 

Mr .• Steve Stockam, Airport Manager 

AC0-100 

/ 
October 20, 2011 

Mr. Joe Pestka 

Director ofAviation 

Missouri Department of Transportation- 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 the filing 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 that we outlined in the complaint; 

(1) Approval of the FBO Application of Alpha Air, LLC. ("Alpha'? based upon the 

submission of an incomplete proposal, which did not follow Airport Sponsor 

Guidelines, and which on its face demonstrates that Alpha is not able nor willing to 

invest sufficient capital to construct a safe and efficient FBO operation at the 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. Over the last 12 months we have developed a protocol and mechanism that will guide 

prospective FBO business to operate at Joplin Regional. Enclosed is a copy of our standard FBO 

Operational Agreement. Any party that can meet the standards set forth in the agreement will be 

allowed to operate at Joplin. 

(2) The Airport Sponsor has refused to draft Minimum Standards. These Standards 

should be drafted, sent for comments and finalized before a second FBO is 

contemplated. 

The Standards are in Section 3 of the enclosed FBO Operational Agreement. 

(3) The Airport Sponsor should amend its Airport Layout and Airport Master Plans, and 

require an Environmental Impact Study before providing Alpha 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 EA was done on the Airport for the current Master Plan and ALP 

before construction of the new Terminal facility in 2005. 

(4) Airport Sponsor's inability to produce documents, rules and procedures that can 

properly protect the Airport, the flying public and its taxpayers. 

We believe the new FBO Operational Agreement provides adequate "documents, rules and 

procedures" to protect the integrity of this facility for those that support and utilize. 

We find no merit to these issues now that we have the FBO Operational Agreement in place. We ask 

that you please clear the Joplin Regional Airport of this complaint. 

Jr0i-~ Steve Stockam, Manager 

Joplin Regional Airport 
Peter 

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 of the 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 

how they were to proceed with the Certification process. Alpha was also told at that time that do to the 

"Government Sequestration" of the 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 letter from the FAA in January of this year stating that Alpha has filed the first Certification 

application and is proceeding on the FAA schedule. 

We have two em ails chains from Alpha Air that are from May 2013 referencing their continued work on the Part 

135 Certification. Also as part of this 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 of their Pilot Training program. 

Again the "government sequestration" is sited for holding up the progress. 

Since the time we received the email/letter from 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 input from 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 or the Joplin Airport had any control over the certification process as this was 

totally a function of the FAA schedule. I believe we have all seen firsthand how the "Government 

Sequestration" has effected many aspects of the Federal operations and I believe it has proven to have a 

dramatic slowing of the process that Alpha Air is pursuing. 

I can find no evidence that Alpha Air has not been pursuing these Certification to the best of their 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 

2 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

APR 16 2012 

Mr. Dale Janssen 

General Manager 

Alpha Air Center, LLC 

Flight Standards District Office 

5509 N Dennis Weaver Drive 

Joplin, MO 64870 

Dear Mr. Janssen: 

901 Locust, Room 403 

Kansas City, MO 64106 

(816) 329-400Q (800) 519-3269 

FAX(816) 329-4010 

This letter in is reference to our phone conversation onApriU 1, 2012 concerning your 

application for an air carrier certificate. Unfortunately, because of budgetary issues. beyond 

our control, our office will not be able to consider your application until after October 1, 

2012. Consequently, we are placing your application on hold. 

When these issues are resolved, we will contact you, so we may continue your application in 

accordance with established FAA policies and procedures. 

If you have any questions, please contact me at (816) 329-4026. Our office hours are 7:30 

a.m. to 4:00p.m., Monday through Friday, except holidays. 

Sincerely, 

~///~L Rodwin L McLaughlin 

Certification Project Manager 
U.S. Deportment 

of T ransportotlon 

Federal Aviation 

Administration 

JAN 0 9 l013 

Mr. Jeff Asbell 

Alpha Air Center, LLC 

Flight Standards District Office 

5509 N Dennis Weaver Drive 

Joplin, MO 64870 

Dear Mr. Asbell: 

901 Locust St, Room 403 

Kansas City, MO 64106 

(816) 329-4000 (800) 519-3269 

FAX (816) 329-4010 

Thank you for permitting time to attend the part 135 pre--application meeting in our office 

yesterday. 

As mentioned in the meeting, please submit the required documents at your earliest 

convenience. This will enable the certification process to proceed in a timely manner. 

If you have any questions, please contact me at (816) 329-4026. 

Sincerely, 

4?--~/1/~ Rodwin L McLaughlin 

Certification Project Manager 
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 of this email and any 

such agreements you have with Alpha Air Center before forwarding or reproducing, in any manner, the contents of this email. 

From: Stockam, Steve [mailto:SStockam@Joplinmo.org] 

Sent: Monday, July 15, 2013 1:00PM 

To: Josh Crooker(jcrooker@alphaaircenter.com) 

Cc: 'Jeff Asbell' 

Subject: Certification Progress 

Josh .... I am needing an update from Alpha on the progress you are making on the procurement of the 3 

certifications that you are obtaining from the FAA. These were part of the "conditional approval" that Alpha 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. 

Per the "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. If you would please forward to me all of your 

progress reports from the FAA over the last 18 months. I have some of them 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 

1 
No virus found in this message. 

Checked by AVG- www.avg.com 

Version: 2013.0.3349 I Virus Database: 3204/6491- Release Date: 07/14/13 

2 
Edwards, 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 subject to 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 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 a follow up email from our phone conversation just stating that we went over the compliance 

statement and to make the necessary changes and resubmit? 

1 
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 of this 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 9:20AM 

To: Joshua Crooker 

Subject: RE: FW: FAA 

If it works with you I will call you on the office number. That way 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 of this 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.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 

2 
Rod 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, 

I got a message from Kim saying you wanted to speak. I'm going to be in the air most of the rest of the day and won't be able to 

allocate a full 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 subject to 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 of this 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 of your time. 

He might even like a heads up on when--- or, a few minutes' notice because he said he would like to take the call in the conference 

room rather than 'on the fly'. 

816-329-4026 

Kim Earl 

Alpha Air Center 

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 

3 
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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 of the 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 that this 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 

1 
Edwards, 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 letter from Mizzou Aviation attorney concerning Alpha Air pursuit of the following 

certifications. The last correspondence I had from the FAA was that Alpha was working toward getting these 

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

mention that the FAA office in KC can verify that Alpha has abandoned these efforts. 

Is this true? 

Since late 2011, Alpha Air Center, LLC ("Alpha Air') has been permitted to operate as a fixed base operator 

("FBO'J at the Joplin Municipal Airport. At the time it commenced business, Alpha Air did not comply with the 

Airport's Minimum Standards which are set forth in its "Use and Operating Agreement." Specifically Alpha Air 

was not FAA certified, and did not provide the following substantive services: (1) air charter in accordance with 

Federal Aviation Regulation ("FAR'J part 135; (2) flight training in accordance with FAR part 141, and (3) 

maintenance in accordance with FAR part 145. Nonetheless, the Airport permitted Alpha Air to begin operating 

as an FBO under a 

"conditional approval" dated January 19, 2012. The "conditional approval" required Alpha Air to expedite its 

FAA certifications in the three substantive areas listed above as quickly as possible and required Alpha Air to 

provide regular compliance reports regarding its progress. 

Since the "conditional approval," more than eighteen months have passed without Alpha Air obtaining the 

required certifications, or commencing to provide any of the required services. Alpha Air has abandoned any 

efforts to obtain its certifications, a fact which can be verified by contacting the FAA's Kansas City office. In the 

meantime, the Airport has permitted Alpha Air's noncompliance to continue, and has, in fact, benefitted Alpha 

Air further by leasing 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 

2 
Edwards, 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 of 2012 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 a time, due to "Government Sequestration" of federal agencies. The City received a letter from 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 of their 

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 if you 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 a few things, and expect to have a written response to you later this week. 

Thanks, 

1 
Peter 

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 I think you will find out quite soon, the status of Alpha 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 contact you, 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 

2 
To: 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. 1 am cc'ing Mr. 

Edwards on this e-mail so that you will also have his e-mail address. 

-Brian 

Brian Head, City Attorney- City of Joplin, 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 of communication, (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 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. If you 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 of the Part 16, and to the extent that the City 

3 
and the Airport will need time to properly investigate the situation, and given that vacations are ongoing, we are willing 

to delay a filing based on the City and Airport's good faith intention to investigate fully. I will 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 of town on vacation. I will be out of town 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, if you 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 of action 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 of Joplin, 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 of communication, (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 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. If you 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 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, 

4 
I 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 other things, 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 of the 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 of January, 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 conduct business in the State of Missouri, hereinafter called "Operator." 

WITNESSETH: 

WHEREAS, City operates the Joplin Regional Airport (hereinafter called "Airport") 

located in Joplin, Jasper County, Missouri; and 

WHEREAS, the Airport is managed by the Airport Director (hereinafter called 

"Director"); and 

WHEREAS, City has the authority to enter into agreements for the use of the airport and 

its facilities, together with the rights, licenses, and privileges 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 in place with the City; and 

NOW, THEREFORE, in consideration of the premises, covenants, agreements, rentals, 

and fees 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. Either party may tetminate this Agreement, with or without cause, by providing 

the other party thirty (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 other users of the 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 of this Agreement, the use of the Airport facilities as herein provided and the rights, 

1 
E. Landing Field Use Fee for Transient Aircraft. 

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, but not limited to, charter or air taxi flights. 

2. The Landing Field Use Fee shall not apply to aircraft owned by Operator and used 

for personal, rental or charter purposes in the normal course of business as a fixed 

base operator. Operator shall make reasonable efforts, including the posting or 

display of a rate schedule or notice furnished by the Director, to collect and remit 

landing field use fees from all aircraft brought onto the premises of Operator to be 

parked, tied-down or 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 

Flowage Fee. 

Subsection 2.02. Operation Fee. 

A. Percentage of Gross Receipts. Operator shall pay to 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 

current beginning of its fiscal year). Thus, the percentage of gross receipts to be paid by 

Operator is determined on a 12-month basis and the resulting percentage is paid monthly 

on the monthly Gross Receipts. 

1) 

2) 

3) 

4) 

For Gross Receipts from $0.00 to $500,000.00: 

For Gross Receipts from $500,000.01 to $750,000.00: 

For Gross Receipts from $750,000.01 to $1,000,000.00: 

For Gross Receipts greater than $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 by the 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, if necessary, without prejudice to any remedy. Upon such action, this Agreement may, 

at the option of the Airport, terminate. 

Subsection 2.05. 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 

the past due amount is paid. Operator shall receive written notice of all past due 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 

the City. 

Subsection 3.02. Required Uses. The purpose of this 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 of facilities and services provided by other Fixed Base Operators 

in the area: 

A. Fuel, Oil andTransient Aircraft Services: 

1. As an authorized fueling agent; provide aviation fuel and oil for sale in 

conformance with FAA AC 150/5230 in regard to fire safety fuel handling 

standards for fuel storage areas, unloading/loading stations, mobile fuelers, and 

fueling persormel as established by local fire code; and quality control standards 

as outlined under ASTM D 1655-10; Standard Specification for Aviation Fuels. 

2. Have the capability to perform minor repairs on a standby basis during daylight 

hours that the maintenance shop is closed; 

3. Provide proper fuel dispensing to service aircraft. 

4. Fuel capacity (storage) with minimum storage capacity of 25,000 gallons: 20,000 

gallons of Jet A fuel, and 5,000 gallons of lOOLL fuel. 

B. Line Service and Pilot/Passenger Facilities: 

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 13 9.3 21, 

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 on the specified FAA regulations 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 per FAA Part 13 5 

2. Aircraft rental and sales; --lAW required per FAA Part 91 

3. Flight training; -- required per FAA Part 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 mandatory requirements. 

Subsection 3.03. Permitted Uses. The following services are not required but may be offered by 

Operator: 

A. Aerial Ambulance; 

B. Aerial survey, photography and mapping; 

C. Aircraft painting, minor or complete which will require full ventilation; 

D. Aircraft salvage; 

E. Aircraft storage; 

F. Avionics repair; 

G. Crop spraying and agricultural aviation; 

H. Instrument repair; 

I. Manufacture of general aviation aircraft components and accessories; 

J. Propeller repair; 

K. Rental of passenger .automobiles to customers of Operator'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 courtesy cars; 

0. Hotel, restaurant and venue shuttles for passengers and crew; 

P. Sale of aircraft parts 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 of this prohibition, the following 

are specifically prohibited without prior written consent of the Director: 

A. Sale of alcoholic beverages; 

B. Maintenance or sale of non-aviation products or services; 

C. Any use prohibited by law or regulation; 

7 
and readily identifiable. The operation of vehicles on the aircraft operation areas must 

comply with all federal, state, and local (including Airport) laws, regulations, ordinances, 

rules, and policies. 

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 

of ingress 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 that access the leased premises. Such use is subject to 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 aprons jointly with other persons 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 or taxiways. 

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 notice to Operator. At the expiration of the sixty (60) day period, Operator will no longer 

be permitted 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 of this Agreement, and shall constitute cause for termination of the 

Agreement pursuant to Subsection 8.01. In the event the City takes over the sale of fuel as 

described in this Subsection 3.08 the following shall apply. 

A. Operator may dispense fuel to all aircraft wholly owned by it or leased by it from third 

parties, provided the Operator has exclusive rights to the possession and use of the leased 

aircraft, and that the aircraft owner retains no rights of use in the aircraft during the term 

of such lease. With respect to such leased aircraft, the fuel provided by Operator must 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 rna y be 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 of the 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 by the Federal Government are thereafter discontinued, Airport shall not be required to 

furnish such facilities. 

Subsection 4.04. 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 may reasonably see fit, free from any and all 

liability, including but not limited to negligence, to Operator for loss of business or damages of 

any nature whatsoever to Operator occasioned during the making of or 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 

of revenue or property 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 other refuse on or in connection with the premises or 

any of the uses permitted herein. Piling of boxes, cartons, barrels, or other similar items in an 

unsafe or unsightly manner in or on the 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 in force or hereafter prescribed or promulgated. 

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 or Airport Director directives currently 

in effect or as may hereafter become effective concerning airport security in relations to 

Operator's use of the leased premises and the Airport. 

Subsection 5.04. Civil Fine or Penalty. In the event that Airport shall be subject to any civil fine 

or penalty by reason of Operator's violation of any federal, state, or local rule, regulation, 

ordinance, or standard as now or hereafter 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 of them, or by an action, error, or omission of any other person for 

whom Operator or contractor may be liable. Such obligation shall not negate, abridge, or reduce 

in any way any additional indemnification right of Airport that otherwise may exist under statute 

or in 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 conduct business in the 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 of Joplin, and 

the Airport 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 

per person 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 be written on the broadest liability 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 of any premiums for such coverage. In the event the scope of the 

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 of Joplin's interests to 

the extent of any 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 under this Agreement. 

Subsection 6.03. Non-limitation. Nothing contained herein shall be deemed to limit or 

otherwise reduce Operator's liability hereunder to the insurance limits herein provided. 

Subsection 6.04. Independent Contractor. Operator is an independent contractor and not an 

agent or employee of Airport with respect to its acts, errors, or omissions. 

SECTION 7. DAMAGE OR DESTRUCTION OF PREMISES 

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 take jurisdiction of Operator and its assets pursuant to proceedings brought 

under the provisions of any Federal reorganization act. 

D. A receiver of Operator'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 of its 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 a majority of its assets for the benefit of its creditors. 

H. The material breach by Operator of any of the 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 of this Agreement. 

I. Upon Airport being sued for noise or other emission of aircraft 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 Operator thirty (30) days notice that the problem has not been 

corrected .. 

J. Upon termination (either by Operator or Lessee) of Operator's agreement with Lessee to 

operate its general aviation services on the Leased Premises. 

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 of receipt of written 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. Cancellation by Operator. Operator may cancel this Agreement and terminate 

all its obligations hereunder at any time Operator is not in default in the payment of any fees or 

charges to Airport as herein provided, upon the provision of 10 days prior written notice to 

Airport, upon or after the happening of any one of the following events: 

A. The permanent abandonment of the Airport by Airport. 

15 
Subsection 1 0.2. Subcontracting. Operator may contract with other persons or finns for the 

performance of various portions of its 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 of the 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 of the 

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 

dele gees were direct employees of the 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 of Federal funds for 

the development of the 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 of persons in 

any manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of the Regulations 

of the Office of the Secretary of Transportation. Airport reserves 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 of this 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 

employment applicant. 

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, Subpart E, to ensure that no person on grounds of race, 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 or benefits of any 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 CFR Part 152, Subpart E. 

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 of any assigns 

or successors of Airport and any assigns or successors of Operator. 

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~ Barbara Hogelin, CityCie 

Approved as to form: 

Brian W. Head City Attorney 

OPERATOR 

Jeff Asbel , Owner 

Alpha · Center, LLC 

19 

· .. 
Regional Airport 

Ail· Service fo1· the Fourstates 

January 19, 2012 

Mr. Jeff Asbell 

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 1 i -G2:l-02G2 

1-'ax ~ 17-G:iii-,liJA 

E·m ail: sst-.oekamcr~;jop lin mo.org 

In review of the FBO Compliance data you have submitted we believe you have met the requirements 

of the minimum standards except with 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 of the 

applications and FAA verification of receipt. 

3. Alpha Air has provided an interim, certified, third party contractor to supply these services 

while in the process of obtaining these certifications. 

4. Alpha Air has provided a letter from the FAA stating the FAA will provide us with the 

timeline for the certification. 

Per your request the Joplin Regional Airport will issue a "Conditional" FBO Compliance to Alpha Air 

with the following stipulations; 

1 . Alpha Air Center will expedite all requirements to obtain the above mentioned certifications 

within the guidelines from the FAA per the reference in the letter from Mr. Richard Carlson, 

Manager, Kansas City Flight Standards. 

2. Under the direction of the Airport Manager and the Joplin City Attorney there will be a 

review every 90 days of the certification process until full certification compliance, within the 

FAA timeline, has been met. Alpha Air will submit a progress report with backup from the 

FAA for this review. 

3. If Alpha Air fails to meet the progress requirements you will have 30 days to correct the 

action. Failure to meet the progress requirements or corrective action of the 90 day review 

will result in the immediate loss of ability to provide FBO services at the Joplin Regional 

Airport. 

This agreement will allow Alpha Air to begin providing FBO services but will allow the Joplin Regional 

Airport the ability to monitor the progress of the 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 Joplin Regional Airport the 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 the City. 

The purpose of this Operational 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 & maintain 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 per the FBO Operational Agreement. 

This form will be used as the justification for compliance of the standards set forth in the operational agreement. 

All elements have been talcen directly for Section 3 and each will need to be addressed with the necessary 

documentation attached. This will become the record of compliance for each operator. 

A. Fuel, Oil and Transient Aircraft Services: 

I. As .an authorized fueling agent; provide aviation fuel and oil for sale in conformance with FAA AC 

150/523 0 in regard to fire safety fuel handling standards for fuel storage areas, unloading/loading 

stations, mobile fuelers, and fueling personnel as established by local fire code; and quality control 

standards as outlined under ASTM Dl655-10; Standard Specification for Aviation Fuels. 

Provide name & contact information of your fuel supplier and a copy of the signatory page of 

your fuel contract: Avfuel Corporation, 47 W. Ellsworth, P.O. Box 1387, Ann Arbor, Ml 

48106-13877, 1-800-521-4106, www.avfuel.com 

See Attachment "A" fuel contract 

2. Have the capability to perform minor repairs on a standby basis during daylight hours that the 

maintenance shop is closed. 

Provide your 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 proper fuel dispensing to service aircraft. 

Provide a list & description of your fueling equipment: ----------------

• 1983 Garsite Jet A 2,500 gal. refueler on Chevy chassis with 2 overwing hoses and 1 

underwing hose, meters w/ticket printer. 

• 1977 Garsite 100LL 1,000 gaL refueler on Chevy chassis with 1 overwing hose, 

meter w/ ticket printer. 

• Fue!Farm: 

• Jet A: 

Mother Tank 12,000 gallon UL 142 double-wall storage tank with epoxy coating. 

200 GPM pumping svstem for unloading transports and bottom-loading dispensing 

equipment mounted in containment pan with a front canopy. 
• There is a 200 GPM flow meter with reset counter and totalizer, LC model M15-A2. 

One control valve with pilot pressure control, OCV model 65-3. One deadman 

pendant switch with relay Daniel model4052. Overfill alarm and leak detection w/ 

alarm. 

• Piping for this tank includes: 

• One 2" x 12' aviation refueling hose, Hewitt model CP320144HABA 

• One 3" aluminum swivel joint, OPW model3630-F0-0301 

• One underwing nozzle with 100 mesh strainer, Carter model64200CP 

• One spring rewind static reel with 50' of cable and clip, Hannay model GR-75-5-

• Also, one hand operated sum pump with ball valve, FillRite model152 

• This tank is eguipped with floating suction as well as a Jet A stainless steel recovery 

tank. 

• One 8,000 gal epoxy coated Jet A daughter tank plumbed into the Mother Tank for 

a total of 20,000 gal Jet A capacitv. 

Av as: 

• One 100LL 10,000 gal upright tank with pump skid. 

• Piping includes horizontal filter, air eliminator and pressure relief to comply with 

NFP A 30. Approved dry break avgas nozzle This tank is also eguipped with a 

stainless steel recovery tank. · 

Containment: 

The fuel farm is set in a concrete containment area in compliance with the City of 

Joplin and State of Missouri requirements. 

4. Fuel capacity (storage) with minimum storage capacity of25,000 gallons: 20,000 gallons of Jet 

A fuel, and 5,000 gallons of 1 OOLL fuel. -

List capacities intended to provide: Jet A double wall tank 12.000 gal. ; Jet A tank - 8,000 

gal. ; lOOLL tank -10,000 gal. ; Jet A 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 14CFR Part 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 of one Supervisor will 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 of Supervisor 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, or hai"-'e fuel, will receive at 

least initial on-the-job training in fire safety and recurrent training every 24 months from the 

Supervisor mentioned in previous paragraph. 

Provide a copy of Training Program See Attachment "C" Fire Training 

c. Written confirmation that the above training standards have been accomplished shall be 

submitted to airport management once every 12 months. 

Provide written confirmation listing each employee: As each employee is hired 

they will receive the required training and written confirmation submitted to AM with 

records maintained as directed by the AM for his 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 approved by airport management, and shall be subject to review 

by airport management at any time. 

2. Provide suitable hard surface aircraft parking and tie-down services; 

Provide map of parking and tiedown area designated to your operation. 

There are 66,000 sq. ft. of concrete ramp parking located in front of the old terminal 

building and Alpha Air Center facilities. It is our intention to utilize this area for iterant 

and base parking. Parking will be spaced adequately apart to accommodate a variety of 

aircraft and to allow adequate space for fuel trucks and passing aircraft to safely 

maneuver. Overnight parking and during inclement weather will be at the communitv tie 

towns located to the South and in the West hangar area. See Attachment "E" 

3. Provide adequate ground equipment, i.e., ground power units, aircraft tugs, portable compressors 

air, engine heaters and the like; 

List of equipment: 

• John Deere 755 equipped as aircraft tug including tow bars, 

• Hobart Jet-Ex 4 GPU 

• Fox Cart Model1600 GPU 

• SpeedAir Portable compressor 

• Electric preheater with cowl ducting 

• Assorted ladders including wheeled tail ladder 

4. Provide adequate waiting lounge, pilot briefmg room, restrooms, telephones and the like; 

Provide building plan of designated areas; See Attachment "F" building plan 

5. Provide adequate facilities for washing and cleaning aircraft that provide for catching run-off and 

discharging through oil/water separator into sanitary sewer. 

Provide narrative to describe how you intend to comply: Our hangar is specially 

designed for this purpose. A catch drain runs the full depth of the building at the center 

and is deposited in a grease trap at the north west corner of the site. Aircraft are parked 

inside for initial scrub down and degreasing allowing for all contaminated water and soap 

to be treated. 
C. .Airframe ana Powerplant 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 Airport Monday through Friday 7:00a.m. to 

5:00p.m., and on call at all other times, and on the weekends, with the ability to respond to 

maintenance calls within one (1) hour. 

Provide Names of each mechanic, a copy of their license, and their standard work schedule: 

We are subcontracting these services, see item C.,2 

2. Operator may subcontract such services upon written approval by the Director, which shall not 

be unreasonably withheld. 

Provide Names of each contract mechanic, a copy of their license, and their standard work 

schedule: We have contracted with Twisted Wrench Aviation, LLC and the following 

qualified mechanics to provide required service between the hours of 7 AM untilSPM 

Monday thru Friday to include 24/7 call out within (1) hour. 

Charles R. Mueller A&P lA 

Matt VanOrman 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 approved repair station as outlined in FAA Regulation Part 145, or as it may be 

amended or superseded, or as an alternative, the aircraft shop shall employ an A&P mechanic 

that the FAA has granted Inspection Authorization. 

Provide a copy of Part 145 Certification: See Attachment "G" License 

List Mechanic designated to conduct inspection: ___ !=C<.!h!!a!!r.!!le!:!s!...!R!!:... M~u~e~l~lee!r_,_, .o:A~&~P,_, ~lA~--

D. Aircraft Charter, Rental and Pilot Training. Operator must hold the following certifications and 

licenses required on the specified FAA regulations 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;-- IA W required per FAA Part 135 

Provide Copy of Certification: See Attachment "I" request 

2. Aircraft rental and sales; -- IA W required perF AA Part 91 

Provide Copy of Certification: _--!.P~en~d~I!!:·n~g~....,...,,...----------------

3. Flight training; -- required per FAA Part 141 Certificate. 

Provide Copy of Certification: See Attachment "I" request 

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 co ance with the minimum and mand~~ 

requirements. / ji;;e }1tv1;:,_,.-.s • fflr-"' 

~ v . . '_,.,_,,__ 

Name ofFBO Sign ory Steve Stockam, !oplin Airport Manager 
The follow.ing service; <Ue not required but may be offered by Operator: 

Check any if offered: 

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; 

Instrument repair; 

Manufacture of general aviation aircraft components and accessories; 

Propeller repair; 

Rental of passenger automobiles to customers of Operator's aviation services only; 

Sale of general aviation pilot supplies such as maps, manuals, pilot equipment and training aids; 

Aircraft catering; 

Aircraft crew courtesy cars; 

Hotel, restaurant and venue shuttles for passengers and crew; 

Sale of aircraft 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 of this Minimum Standards Compliance approval. We are determined 

to get the best service possible for the 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 of the 

signature page immediately when received. 

Management 
AVFUEL 

14 CFR PART 139 FIRE TRAINING 

(})a{e Janssen 

has successfully completed all classroom and 

practical instruction necessary to meet required 

training under 14 CFR Part 139.321 

!Novem6er 3, 2011 

4-----
Attachment "C" Fire Training 

' At the current time the fire training program consists of training 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 of the individuals training will be kept on file 

and a form stating such submitted each 12 months to 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 the Joplin 

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 director for Alpha Air Center. 
Attachment "D" 

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Attachment "G" License. 

UNITED STATES OF-AMERICA 

DEPARTMENT OF. TRANSPORTATION. 

FEDERAL AI'IATION ADMINISTRATION 

INSPECTION AUTHORIZATION 

04/12/2011 
Attachment "H" License 
5509 N. Dennis Weaver Dr. 

Joplin, MO 64870 

11/02/2011 

City of Joplin 

Airport Director 

602 S. Main 

Joplin, MO 64801 

Dear Mr. Stockam, 

Attachment "I'' 

Alpha Air 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 other factors beyond our control such as future FAA funding 

issues, we are requesting a 24 month period for obtaining certification with applicable 

120 day extensions if the certificates have not been issued due to our negligence. One 

of the 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: Jeff Asbell