Agenda 09/24/2013 Item #16G19/24/2013 16.G.1.
EXECUTIVE SUMMARY
Recommendation to approve the attached Commercial Aviation Operations License
Agreement with James Fogarty, D.B.A. Fogarty's Flying Service, for aircraft flight
instruction at the Marco Island Executive Airport.
OBJECTIVE: To allow James Fogarty, D:B.A. Fogarty's Flying Service to offer aircraft flight
instruction at the Marco Island Executive Airport.
CONSIDERATIONS: James Fogarty, D.B.A. Fogarty's Flying Service (Licensee) has
requested permission to offer aircraft flight instruction at the Marco Island Executive Airport.
The operations of Licensee will not interfere with safe, efficient operations at the Marco Island
Executive Airport and will enhance the overall level of services available to airport users.
This license agreement will continue on a month -to -month basis until written notice to terminate
is given by one party to the other. Licensee will pay an annual commercial operating fee as
published in the currently approved rates and charges for the Marco Island Executive Airport,
plus applicable Florida Sales Tax.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
income to be received is already accounted for in the Airport Authority's budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This Agreement was reviewed by the -County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners, in its capacity at the
Collier County Airport Authority, approves the attached Commercial Aviation Operations
License Agreement with James Fogarty, D.B.A. Fogarty's Flying Service, to offer aircraft flight
instruction at the Marco Island Executive Airport.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Packet Page -2393-
9/24/2013 16.G.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.1.
Item Summary: Recommendation to approve the attached Commercial Aviation
Operations License Agreement with James Fogarty, D.B.A. Fogarty's Flying Service, for aircraft
flight instruction at the Marco Island Executive Airport.
Meeting Date: 9/24/2013
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
9/4/2013 12:42:52 PM
Submitted by
n Title: Executive Director - Airport Authority,Airport Aut
Name: CurryChris
9/4/2013 12:42:53 PM
Approved By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
Date: 9/12/2013 1:25:31 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/12/2013 2:48:23 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/12/2013 3:53:08 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 9/13/2013 9:05:18 AM
Packet Page -2394-
Name: OchsLeo
Title: County Manager
Date: 9/13/2013 12:27:16 PM
Packet Page -2395-
9/24/2013 16.G.1.
Collier County Airport Authority Commercial Aviation Operations License Agreement
9/24/2013 16.G.1.
COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE 1
NAPLES, FLORIDA 34114
(239) 642 -7878
LICENSEE: James Fogarty, D.B.A. Fogarty's Flying Service
LICENSEE'S PHONE NUMBER: 239 -285 -5208
LICENSEE'S ADDRESS: 1545 Kingston Court, Marco Island, Fl 34145
Licensee/ Commercial Aviation Operator: The Collier County Airport Authority (Licensor) hereby
licenses James Fogarty. D.B.A. FouartsFlying Service (Licensee), to conduct specific and limited
commercial aviation operations at the Marco Island Executive Airport. This bare license with no
interest attached, begins on September 24. 2013, and continues from month to month or until written
notice to terminate is given by one party to the other.
2. PREMISES: Marco Island Executive Airport located at 2005 Mainsail Drive Naples, Florida. The
premises consist of the airport air operations areas, common use areas and other public use areas on
airport specifically designated for aviation use or as approved by the Airport Manager.
3. OPERATIONS: This license agreement allows for the specific commercial aviation operations as listed:
Aircraft Flight Instruction
4. FEE: Licensee shall pay the current annual commercial operating license fee as published and approved
by the Authority, plus applicable Florida Sales Tax. Any failure to pay the fee when due will result in
the termination of this license agreement or suspension of the ability to conduct commercial aviation
activities on or at the Marco Island Executive Airport.
MINIMUM STANDARD REQUIREMENTS: The Collier County Airport Authority (CCAA)
Minimum Standards for Commercial Airport Activity and Service Providers requires for the licensed
activities listed in paragraph 3. Operations (above), a minimum of 300 square feet of office space,
restroom facilities and aircraft tie down or hanger space to accommodate each type of activity. For the
terms of this license, the Licensor is allowing on a temporary basis, the minimum standards be met
through use of the common area and restroom facilities in the airport terminal building. The aircraft tie
down requirements must continue to meet the written requirements independently. The use of the
terminal's common areas and restroom facilities are available to the licensee in the same manner as the
general public and under the same terms and conditions as allowed to the general public and only during
normal operating hours of the terminal building.
6. LIABILITIES: Licensee hereby waives all future claims against Licensor, its employees, agents and /or
^ representatives for any and all liability for damage to aircraft and any other property on the premises
Page 1 of 3
Packet Page -2396-
Collier County Airport Authority Commercial Aviation Operations License Agreement 9/24/2013 16.G.1.
except for physical damage caused by movement of aircraft solely by Licensor's employees, agents or
representatives without any participation in such movement (or instructions to move same) from
Licensee or Licensee's agents, employees or any other person with apparent authority on behalf of
Licensee. Any act or use of the premises by Licensee not expressly authorized by this license or which
is deemed unsafe by the airport manager or against the CCAA rules and regulations, policies and
procedures or other regulation is unauthorized.
7. INDEMNIFICATION AND INSURANCE:
a. Licensee agrees to indemnify fully and save and hold harmless Collier County, Authority, and
their officers, agents, and employees from and against all losses, damages, claims, liabilities, and
causes of action of every kind or character and nature as well as costs and fees, including
reasonable attorney's fees connected therewith including any and all appeals, and the expense of
the investigation thereof; based upon or arising out of damages or iniuries to any and all third
persons or their property. Authority shall give Licensee prompt and reasonable notice of any
such claim or action. Licensee shall have the right to investigate, compromise, and defend the
same to the extent of its own interest.
b. During the entire term of this agreement, Licensee shall provide, pay for, and maintain the types
of insurance required by the Collier County Risk Management Department as listed in Exhibit A
attached and made a part hereof for the commercial aeronautical activities to be conducted as
listed in item 3 of this agreement. All insurance shall be from responsible companies duly
authorized to conduct the respective insurance in the State of Florida and/or responsible risk
retention group insurance companies registered with the State of Florida. All liability policies
shall provide that the Authority and the County of Collier as additional insured as to the uses of
the licensed premises under this agreement and shall also provide the Separation of Insured's
Provision. Prior to the execution of this agreement by licensee, the specified insurance coverage
and limits required must be evidenced by properly executed Certificates of Insurance on the
forms which are deemed acceptable by Authority.
8. USE OF PREMISES: The premises shall be used only for those commercial operations listed in this
agreement for aircraft owned by or leased to Licensee with a valid proof of insurance, in accordance
with the Collier County Contract Insurance Requirements Form -1 attached and made a part hereof, on
file with the CCAA. With the exception of normal pre- flight/post flight briefing, all aircraft ground
instruction shall be conducted off airport property or within the airport conference room on a space
available basis as approved in advanced by the airport manager, at the current applicable conference
room rental rate as established by current rates & charges fee schedule as approved by the Authority.
9. TERMINATION FOR CAUSE: Licensor may terminate this license immediately for cause. Any
breach of this agreement by Licensee is cause for such termination.
10. SECURITY AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to
insure the security and safety on the premises.
11. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) access may be denied to
the premises at the discretion of the Executive Director, Airport manager or designee, provided such
denial of access is to protect the public or airport from potential exposure to loss, damage or safety
because of the emergency.
Page 2 of 3
Packet Page -2397-
Collier County Airport Authority Commercial Aviation Operations License Agreement
12. AUTHORIZED AIRCRAFT: Aircraft I. D.: N54381 . Aircraft Color: Blue / White
Aircraft Make: Cessna . Aircraft Model: 172.
AS TO LICENSEE:
Witness (signature)
(print name)
Witness (signatupW
(print name)
AS TO THE LICENSOR:
Attest:
DWIGHT E. BROOK, Clerk
0
Jeffrey A:
Count), A
FOGARTY'S FLYING SERVICE
9/24/2013 16.G.1.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By:_
Deputy Clerk, GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
legality:
Page 3 of 3
Packet Page -2398-
EXHIBIT A
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
9/24/2013 16.G.1.
I General Liability and/or Airport Liability where required.
FORM 1- Commercial Activities License /Sublease of Land /Low Hazard or
Short Term /Aviation Related
Packet Page -2399-
TYPE
LIMITS Check
X
Workers' Compensation
Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
Employer's Liability
$500,000
$1,000,000
X
Commercial General
$500,000 per occurrence
X
$1,000,000 per occurrence
Liability (Occurrence Form)
bodily injury and property
bodily injury and property
patterned after the current
damage
damage
ISO form with no limiting
endorsements.
Airport Liability Insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
Han arkee ers Liability
$500,000 per aircraft
$1,000,000 per aircraft
X
Aircraft Liability Insurance
$500,000 per occurrence
X
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
Business Automobile
I $500,000 per occurrence
$1,000,000 per occurrence
Insurance
bodily injury and property
bodily injury and property
damage
damage
Pollution Liability insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
I bodily injury and property
damage
damage
Property Insurance
Replacement Cost- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
I damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acce table.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
, Collier Countv must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
I General Liability and/or Airport Liability where required.
FORM 1- Commercial Activities License /Sublease of Land /Low Hazard or
Short Term /Aviation Related
Packet Page -2399-