RULES AND REGULATIONS.PDF

City of Phoenix Aviation Department Rules & Regulations
Authority: This Rule and Regulation is promulgated pursuant to Phoenix City
Code Chapter 4; Article I, Section 4-2 and Article VII, Section 4-149.
Rule and
Regulation: General Terms and Conditions for Commercial Aeronautical
Activities
Purpose: This Rule and Regulation shall be applicable to Contracts issued by the
Aviation Department under the Airports Rules and Regulations and/or
Minimum Standards. All persons shall comply with these Rules and
Regulations, restrictions and conditions at all times.
Application
of Rule and
Regulation: Except as may be prohibited by other provisions of these Rules and
Regulations and any other applicable law these Rules and Regulations
shall be deemed to be a part of each Contract issued under the Airports’
Rules and Regulations and/or Minimum Standards unless such provisions
are amended or modified by the City of Phoenix Aviation Department. The
mere omission of any particular standard from a written Contract shall not
constitute a waiver or modification of such standard in the absence of
clear and convincing evidence that the Aviation Department intended to
waive or modify such standard.
Non-Exclusive Rights
Contracts are non-exclusive and nothing herein shall prevent the City from
accessing or using the Airport or shall prohibit the City from permitting
other persons to access or use the Airport. Nothing herein shall be
construed to bar the City from further alteration, development, expansion
or improvement of the Airport and the City expressly reserves the right to
do so.
Indemnification
Contracting Party shall indemnify, defend, save and hold harmless the
City of Phoenix and its officers, officials, agents, and employees
(hereinafter referred to as “City”) from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs,
attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury
(including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or
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willful acts or omissions of Contracting Party or any of its owners, officers,
directors, agents, employees or contractors, arising out of or related to
Contracting Party’s use of Airport Premises. It is the specific intention of
the parties that the City shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the City, be
indemnified by Contracting Party from and against any and all claims. It is
agreed that Contracting Party will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is
applicable. In consideration for the use of Airport Premises, the
Contracting Party agrees to waive all rights of subrogation against the
City, its officers, officials, agents and employees for losses arising from
the use of Airport Premises.
Accidents, Damages, and/or Injuries
Persons, Contracting Parties, or other operators shall immediately report
any on-Airport Accident, damages, or injuries. Persons, Contracting
Parties, or operators shall be fully responsible for all damages to airport
property including environmental damages, whether caused by
negligence, abuse, or carelessness on the part of their employees,
agents, visitors, contractors or persons with whom they may do business,
in addition to any terms that might be contained in any Contract.
Any person, Contracting Party, or operator causing or liable for, any
damage to airport property shall be required to pay to the City on demand
the full cost of the damage plus appropriate administrative fees. Any
person failing to comply with this section shall be in violation of these
Rules and Regulations and shall be refused access to the Airport until the
City has been fully reimbursed.
The City assumes no responsibility or liability for loss, injury or damage to
persons, property or business on the Airport or airport facilities, by reason
of fire, vandalism, wind, flood, earthquake or other acts of God, civil
disorder, armed conflict or collision damage, nor does it assume any
liability by reason of injury to persons or property while using said facilities.
Compliance with Law
All persons, Contracting Parties, and other operators shall observe and
comply with all laws, ordinances, rules, regulations and orders of the
United States Government, the State of Arizona, the County of Maricopa,
and the City and all agencies thereof, including guidance issued by the
Federal Aviation Administration, which may be applicable to its operations
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City of Phoenix Aviation Department Rules & Regulations
or to the operation, management, maintenance or administration of the
Airport now in effect or hereafter promulgated.
Failure to comply with such laws shall be grounds for denial of, or
immediate termination of, the Contract.
Contracting Parties shall abide by all Airport Rules and Regulations of the
City of Phoenix Aviation Department including environmental laws
regarding the handling, discharge, release and dumping of hazardous
substances.
In the event of spillage, discharge or dripping of gasoline, oil, grease,
pollutant or any material which may be unsightly, detrimental or regulated
under any environmental law, onto the surface in any area of the Airport,
the same shall be removed immediately and reported to Airport
Operations and the Airport Environmental Coordinator in accordance with
the Aviation Department Storm Water Enforcement and Civil Penalty
Policy. The responsibility for the immediate removal of such gasoline, oil,
grease, or other material shall be assumed by the operator or owner of the
Aircraft or equipment causing the same or by the Contracting Party
responsible for the deposit on the surface. Upon default of the responsible
party to clean such area, the City may provide the necessary cleaning and
bill the responsible party or parties for the expense thereof including
Administrative fees.
Contracting Parties shall have the responsibility to pay any fine or penalty
levied against Contracting Party or the City, individually or collectively, and
their representatives, officers, officials, employees, agents, and volunteers
as a result of Contracting Party's failure to comply with any applicable
Regulatory Measure. If the fine or penalty is contestable (and contested by
the Contracting Party), Contracting Party shall pay the fine or penalty when
upheld by the agency having jurisdiction.
Conflicting Regulations
Where a conflict exists between any of the regulations, limitations, or
restrictions prescribed or adopted hereunder, or in conflict with a provision
of the safety, fire, health codes or other ordinances of the City, or any
other matter, the provision which establishes the higher standard and
more stringent limitation or requirement for the promotion and protection of
the health and safety of the people, shall govern and prevail. The
definition of conflicting regulations shall include laws, ordinances,
regulations, contracts, agreements, leases and permits.
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City of Phoenix Aviation Department Rules & Regulations
Notices of Violation, Suspension or Revocation
In accordance with the City of Phoenix Aviation Department Minimum
Standards and Notice of Violation (NOV) Program, a Contract is subject to
suspension or revocation for any violation of any term of the City of
Phoenix Aviation Department Rules and Regulations including, without
limitation, failure to make payments in the amounts and at the times
specified in these Rules and Regulations, operation of any unauthorized
commercial aviation activity, or failure to comply with any of the federal,
state, local laws or ordinances, or Rules and Regulations of the City. Any
violation of the Rules and Regulations will be deemed a violation of the
Contract, and any suspension, revocation or other penalty will be
assessed against the Contract holder.
Amendment or Modification of Requirements
The Aviation Department may waive or modify any portion of these Rules
and Regulations, for any person, when it is determined that such waiver or
modification is in the best interest of the City and will not result in any
unjust discrimination among Contracting Parties on or accessing the
Airport.
Assignment
Contracting Party shall not assign its authorization under the Contract.
Any attempt to assign, sell, transfer or encumber the Contract shall be
void. The Contract, or any interest therein, shall not be subject to
assignment by operation of law. It is specifically stipulated and agreed that
the Contracting Party will not enter into any other arrangement(s) or
agreement(s) with any other operator(s) or assign any of the rights herein
whereby other operators share in the privileges or services authorized in
the Contract or allow other operators to access the airport under the
Contract. Such assignment or transfer shall be grounds for immediate
termination of the Contract without recourse.
Severability
If any terms, rules, regulations or restrictions herein contained are ruled
invalid or unenforceable by any court or agency of competent jurisdiction,
then the remaining terms, rules, regulations or restrictions shall remain in
full force and effect.
Subordination
Any rights herein granted to the Contracting Party are subordinate and/or
junior to any rights of the Federal Government touching or concerning the
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City of Phoenix Aviation Department Rules & Regulations
City’s ownership, management and operation of the Airport including, but
not limited to, any rights accruing to the Federal Government as a result of
federally assisted grant programs accepted by the City.
A. Supplemental Conditions
Experience/Capability
Contracting Party shall, in the judgment of the Aviation Department,
demonstrate before and during the term of the Contract, the following:
The capability of providing the proposed products, services, and facilities
and/or engaging in the proposed Activities in a safe efficient, courteous,
prompt, and workmanlike manner in service to and to the benefit of the
public, and
The financial and technical responsibility, capability, and integrity to
develop and maintain Improvements; procure and maintain required
Vehicles, Equipment, and/or Aircraft; employ proper level of personnel;
and/or engage in the activity.
Grounds for Denial
The grounds for denial of any proposal or any application include:
The proposed Contracting Party, for any reason, does not fully meet the
qualifications, standards, and requirements established by the City. The
burden of proof shall be on the proposed Contracting Party and the
standard of proof shall be by clear and convincing evidence.
The proposed Contracting Party’s proposed Activities and/or
Improvements will create a safety hazard at or on the Airport.
The City would be required to expend funds and/or supply labor and/or
materials in connection with the proposed Activities and/or Improvements
that the City is unwilling and/or unable to spend and/or will result in a
financial loss or hardship to the City or the Airport.
No appropriate, adequate, or available land and/or Improvement exists at
the Airport to accommodate the proposed Activity of the proposed
Contracting Party (at the time the proposal or application are submitted),
nor is such availability contemplated within a reasonable time frame.
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City of Phoenix Aviation Department Rules & Regulations
The proposed Activities and/or Improvements do not comply with the
Master Plan of the Airport or the ALP then in effect or anticipated to be in
effect within the time frame proposed by the proposed Contracting Party.
The development or use of the land requested by the proposed
Contracting Party will result in a congestion of Aircraft and/or the
Improvements will, in the sole discretion of the City, unduly interfere with
Activities of any existing Operator on the Airport and/or prevent adequate
access to the Leased Premises of any existing Operator.
The proposed Contracting Party has intentionally or unintentionally
misrepresented or omitted a material fact in the proposal, on the
application, and/or in supporting documentation.
The proposed Contracting Party has failed to make full disclosure in the
proposal, on the application, and/or in supporting documentation.
The proposed Contracting Party or an officer, director, or major
shareholder has a record of violating the Regulatory Measures of the City
(or any other airport sponsor), the FAA, or any other Regulatory Measure
applicable to the Airport and/or the proposed Contracting Party’s proposed
Activity.
The proposed Contracting Party or an officer, director, or major
shareholder of the entity has defaulted in the performance of any
Agreement or Sublease at the Airport or at any other airport.
The proposed Contracting Party does not exhibit adequate financial
responsibility or capability to undertake the proposed Activity.
The proposed Contracting Party cannot provide a performance bond or
applicable insurance in the type and amounts required by the City for the
proposed Activity.
The proposed Contracting Party or an officer, director, or major
shareholder of proposed Contracting Party has been convicted of a felony.
Any appeal of the denial of any proposal or application must be in
accordance with the appeal process in the City of Phoenix Aviation
Department Minimum Standards and Notice of Violation (NOV) Program.
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City of Phoenix Aviation Department Rules & Regulations
Taxes, Fees, and Charges
Contracting Party shall, at its sole cost and expense, pay all taxes, fees,
and other charges that may be levied, assessed, or charged by any duly
authorized agency associated with Contracting Party’s Leased Premises
(land and/or Improvements), Contracting Party’s Improvements on Leased
Premises, and/or Contracting Party’s Activities.
B. Assurances
The City reserves the right to further develop, improve, repair and alter the
Airport and all roadways, parking areas, terminal facilities, landing areas
and taxiways as it may reasonably see fit, free from any and all liability to
Contracting Party for losses or damages of any nature whatsoever to
Contracting Party occasioned during the making of such improvements,
repairs, alterations and additions.
The City reserves the right, but is in no way obligated to Contracting Party,
to maintain and keep in repair the landing area of the Airport and all
publicly owned facilities of the Airport, together with the right to direct and
control all activities of Contracting Party in this regard.
The Contract is subordinate to the reserved right of the City, its
successors and assigns, to occupy and use for the benefit of the public
the airspace above the Premises for the right of flight for the passage of
Aircraft. This public right of flight shall include the right to cause in said
airspace any noise inherent in the operation of any Aircraft through said
airspace or in landing at or taking off from, or operation on an Airport.
Contracting Party, by accepting this Contract, covenants for itself and its
successors that no use will be made of the Premises that might in any
manner interfere with the landing and taking off of Aircraft from the Airport,
or otherwise constitute a hazard to air navigation. As a remedy for the
breach of said covenant the City reserves the right to enter upon the
Premises and cause the abatement of such interference, all at the
expense of Contracting Party.
Contracting Party acknowledges that nothing contained in the Contract
shall be construed to grant or authorize the granting of an exclusive right
within the meaning of 49 U.S.C. §40103(e) and nothing in the Contract
shall be construed to ban the City from permitting other persons to access
or use the Airport.
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City of Phoenix Aviation Department Rules & Regulations
The Contract and all the provisions hereof are subordinate to whatever
rights the United States now has or in the future may acquire affecting the
control, operation, regulation and taking-over of the Airport, or the
exclusive or non-exclusive use of the Airport by the United States during a
time of war or national emergency.
Contracting Party shall furnish its services on a fair, equal and not unjustly
discriminatory basis to all users of the Airport.
Contracting Party shall charge fair, reasonable and not unjustly
discriminatory prices for each unit or services; provided that, Contracting
Party may be allowed to make reasonable and non-discriminatory
discounts, rebates or other similar types of price reductions to volume
purchasers. Non-compliance with this requirement shall be a material
breach of this Contract for which the City shall have the right to terminate
this Contract and any estate created herewith, without liability therefor; or,
at the election of the City or the United States, either or both of said
Governments shall have the right to judicially enforce said requirement.
Contracting Party warrants that no person shall, on the grounds of race,
creed, color, national origin, sex, age or handicap, be excluded from
participating in any activity conducted on or from the Premises, or
otherwise be excluded from the benefits offered by Contracting Party to
the general public. Contracting Party further warrants that it will comply
with all pertinent statutes, Executive Orders, and rules promulgated
thereunder, to assure that no person is excluded on the grounds of race,
creed, color, national origin, sex, age, or handicap.
As a part of the consideration for this Contract, Contracting Party does
hereby covenant and agree that in the event facilities are constructed,
maintained, or otherwise operated on the Premises for a purpose for
which a DOT program or activity is extended for another purpose involving
the provision of similar services or benefits, Contracting Party shall
maintain and operate such facilities and services in compliance with all
other requirements imposed pursuant to Code of Federal Regulations,
Title 49, DOT, Subtitle A, Office of the Secretary of Transportation, Part
21-Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as
said regulations exist and may be amended from time-to-time.
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City of Phoenix Aviation Department Rules & Regulations
If this Contract is a lease, then the prior Covenant is hereby made a
covenant running with the land for the term of the lease, and is judicially
enforceable by the United States.
As a part of the consideration of the Contract, Contracting Party does
hereby covenant and agree that: (1) no person on the grounds of race,
color or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said
facilities; (2) in the construction of any Improvements on, over or under
such Premises and the furnishing of services thereon, no person on the
grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination; and that the Contracting Party shall use the Premises in
accordance with all other requirements imposed pursuant to 49 C.F.R.
Part 21, as it may be amended.
If this Contract is a lease, then the prior Covenant is hereby made a
covenant running with the land for the term of the lease, and is judicially
enforceable by the United States.
The foregoing discrimination covenants are a material part of this Contract
and for breach thereof the City shall have the right to terminate this
Contract and to reenter and repossess the Premises and facilities thereon,
and hold the same as if said Contract had never been made. This
provision does not become effective until the procedures of 49 CFR Part
21 are followed and completed, including expiration of appeal rights.
Contracting Party agrees to insert the foregoing six provisions in any
contract by which Contracting Party grants a right or privilege to any
person, firm or corporation to render accommodations and/or services to
the public on or from the Premises.
Contracting Party agrees that it will undertake an affirmative action plan in
conformance with 14 CFR Part 152, Subpart E, to insure that no person
shall on the grounds of race, creed color, national origin or sex be
excluded from participating in any employment, contracting or leasing
activities covered in 14 CFR Part 152, Subpart E. Contracting Party
assures that no person will be excluded on such grounds from
participating in or receiving the services or benefits of any program or
activity covered by Subpart E. Contracting Party further agrees that it will
require its covered suborganizations to provide assurances to Contracting
Party that they similarly will undertake affirmative action programs and that
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City of Phoenix Aviation Department Rules & Regulations
they will require like assurances from their suborganizations, as required
by 14 CFR Part 152, Subpart E.
Contracting Party acknowledges that the Contract is subordinate to any
existing or future agreement between the City and the United States
concerning the development, operation or maintenance of the Airport. In
the event that FAA or its successors require modifications or changes in
the Contract as a condition to the obtaining of funds for Improvements at
the Airport or as a requirement of any prior grants, Contracting Party
hereby consents to any and all such modifications and changes as may be
reasonably required and agrees that it will adopt any such modifications or
changes as part of this Contract.
Contracting Party agrees to comply with the notification and review
requirements as required by Title 14 of the Code of Federal Regulations,
14 CFR Part 77- Objects Affecting Navigable Airspace, in the event future
construction of a structure is planned for the Premises, or in the event of a
planned modification of a structure on the Premises. Contracting Party
shall submit the required FAA Form 7460-1— Notice of Proposed
Construction or Alteration—and provide documentation showing
compliance with the federal requirements. Once the FAA has completed
the aeronautical study, Contracting Party shall provide to the City of
Phoenix the FAA determination letter on proposed construction and any
impact to air navigation. Contracting Party covenants for itself, its
successors and assigns that it will not erect or permit the erection of any
structure or permit the growth of any tree, on the Premises above the
mean sea level elevation for: (1) Phoenix Sky Harbor International Airport,
1,133 feet; (2) Phoenix Goodyear Airport, 968 feet; (3) Phoenix Deer
Valley Airport, 1,476 feet. As a remedy for the breach of said covenant
the City of Phoenix reserves the right to enter upon the Premises and
remove the offending structure or cut the offending tree, all at the expense
of Contracting Party.
If the Contract involves construction, the Contracting Party shall carry out
the project in accordance with FAA airport design, construction and
equipment standards and specifications current on the date of the project
approval.
Contracting Party is encouraged to use fuel and energy conservation
practices.
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City of Phoenix Aviation Department Rules & Regulations
C. City of Phoenix Affirmative Action Requirements
If Contracting Party is by this Contract a supplier to, or lessee of, the City,
then the following requirement of the Phoenix City Code, Chapter 18,
Article V, Section 18-22(G) applies:
"Any supplier/lessee in performing under this contract shall not
discriminate against any worker, employee or applicant, or any
member of the public, because of race, color, religion, gender, national
origin, age or disability nor otherwise commit an unfair employment
practice. The supplier and/or lessee will take affirmative action to
ensure that applicants are employed, and employees are dealt with
during employment without regard to their race, color, religion, gender
or national origin, age or disability; Such action shall include but not be
limited to the following: Employment, promotion, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training;
including apprenticeship. The supplier further agrees that this clause
will be incorporated in all subcontracts with all labor organizations
furnishing skilled, unskilled and union labor, or who may perform any
such labor or services in connection with this contract. Supplier/lessee
further agrees that this clause will be incorporated in all subcontracts,
job-consultant agreements or subleases of this agreement entered into
by supplier/lessee."
D. Immigration Reform and Control Act of 1986 (IRCA)
Contracting Party understands and acknowledges the applicability of the
IRCA to it. Contracting Party agrees to comply with the provisions of
IRCA as it applies to its activities under this Contract and to permit the City
of Phoenix to inspect its personnel records to verify such compliance.
E. Conflict of Interest
Contracting Party acknowledges that the terms and conditions of Arizona
Revised Statute §38-511 are incorporated into this Contract.
F. Disadvantaged Business Enterprise Requirements
1. To the extent that this Contract is covered by 49 CFR Part 26,
Contracting Party agrees that this Contract is subject to the requirements
of the U.S. Department of Transportation Regulations at 49 CFR Part 26.
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City of Phoenix Aviation Department Rules & Regulations
The Contracting Party or subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this contract.
The Contracting Party shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT assisted contracts.
Failure by the Contracting Party to carry out these requirements is a
material breach of this Contract, which may result in the termination of this
Contract or such other remedy as the recipient deems appropriate.
Contracting Party agrees to include the foregoing statement in any
subsequent Contract that it enters and cause those businesses to similarly
include said statement in further agreements.
2. To the extent that the Contract is a concession agreement covered
by 49 CFR Part 23, the concessionaire or contractor agrees that it
will not discriminate against any business owner because of the
owner's race, color, national origin, or sex in connection with the
award or performance of any concession agreement, management
contract, or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR part 23.
The concessionaire or contractor agrees to include the above
statements in any subsequent concession agreement or contract
covered by 49 CFR part 23, that it enters and cause those
businesses to similarly include the statements in further agreements.
The foregoing Rule and Regulation is hereby adopted and promulgated
this 1st day of August, 2005.
David Krietor Nancy Kesteloot
Aviation Director Assistant Chief Counsel
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