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Agenda 02/08/2022 Item #16G 1 (Interlocal Agreement w/City of Naples Airport Authority for Emergency & on-call support services)16.G.1 02/08/2022 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to execute the attached Interlocal Agreement between the Board of County Commissioners of Collier County and the City of Naples Airport Authority for emergency and on -call support services as needed. OBJECTIVE: To ensure there is sufficient, qualified staff available to provide effective airport management and operations in the absence of key airport management personnel, especially in an emergency situation, at the three Collier County Airports: Marco Island, Immokalee, and Everglades Airports. CONSIDERATIONS: On June 9, 2015, the Board of County Commissioners of Collier County, acting as the Collier County Airport Authority ("CCAA") approved and entered into an Interlocal Agreement with the City of Naples Airport Authority (the "Authority") to enable collaboration between the CCAA and the Authority to provide economical, efficient airport operations and management, and permit the Authority to serve as a resource to the CCAA. The agreement was for a three-year term and expired on June 9, 2018. The CCAA wishes to enter into a new interlocal agreement with the Authority. This Agreement will permit the CCAA to request and the Authority to make available qualified staff for consultation, management, or assignments to the CCAA, upon request of the Collier County Finance and Operations Support Director for the Collier County Growth Management Department. The proposed Agreement represents the establishment of a resource sharing relationship between two well -respected, and highly specialized local agencies, for the benefit and safety of the general aviation community and citizens of Collier County. The term of this Agreement is three years from the effective date, and may be renewed by written agreement by both parties. The Authority's Board approved and signed the attached Agreement on December 16, 2021. FISCAL IMPACT: There is no defined fiscal impact associated with this action. However, in cases of an emergency, the CCAA will reimburse the Authority for actual costs incurred for materials or equipment used in direct support of CCAA operations. The Authority has agreed to provide human resources at no charge to the CCAA. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: That the Board approve and authorize its Chairman to sign the attached Interlocal Agreement with the City of Naples Airport Authority. Prepared by: Andrew Bennett, Executive Airport Manager ATTACHMENTS 1. Interlocal Agreement Signed by NAA (PDF) Packet Pg. 730 16.G.1 02/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doe ID: 21083 Item Summary: Recommendation to authorize the Chairman to execute the attached Interlocal Agreement between the Board of County Commissioners of Collier County and the City of Naples Airport Authority for emergency and on -call support services as needed. Meeting Date: 02/08/2022 Prepared by: Title: — Growth Management Operations Support Name: Heather Meyer 01/13/2022 1:42 PM Submitted by: Title: Division Director - Operations Support — Growth Management Department Name: Gene Shue 01/13/2022 1:42 PM Approved By: Review: Growth Management Department Growth Management Department Airport Authority Growth Management Department County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Gene Shue Additional Reviewer Lissett DeLaRosa Growth Management Department Andrew Bennett Additional Reviewer Trinity Scott Transportation Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 01/14/2022 11:38 AM Completed 01/18/2022 4:04 PM Completed 01/18/2022 4:20 PM Completed 01/25/2022 4:58 PM Completed 01/31/2022 8:39 AM Completed 01/31/2022 8:49 AM Completed 01/31/2022 9:01 AM Completed 01/31/2022 10:47 AM Completed 01/31/2022 4:08 PM 02/08/2022 9:00 AM Packet Pg. 731 16.G.1.a INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement' _o. r "this.. Agreement" )._is.made as of, this ............... th day of , 20� (fine "Effectifue Da#e"� betvuec:n the Board of Commissioners of Collier County, Florida, a political subdivision of the State of Florida in its capacity as the Collier County Airport Authority ("CCAA") whose address is 2005 Mainsail Drive, Naples, FL 34114, and the City of Naples Airport Authority, a political subdivision of the State of Florida ("Authority") whose address Is 160 Aviation Drive North, Naples, Florida 34104. RECITALS A. Whereas, Florida Statutes provide that it is a goal of the State that Florida governments economically and efficiently provide the amount and quality of services required by the public and that it is a policy of the State to encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate Interlocal agreements and mutual participation for mutual benefit; and B. Whereas, the CCAA and the Authority, as political subdivisions of the State, have the authority to enter into intergovernmental agreements; and C. Whereas, the CCAA may from time to time experience an insufficiency of qualified, experienced airport operations personnel including absences of senior airport management; and D. Whereas, the Authority is authorized under Section 4(e) [mowers] of the Laws of Florida Ch. 69-1326, as amended, to contract with any other public entity to operate any airport in Collier County, Florida; and E. WHEREAS, in the spirit of governmental cooperation the Authority is willing to assist CCAA, at no cost to CCAA, by providing qualified members of its airport operations staff to advise and assist CCAA staff on airport related subjects on an as needed basis during the term of this Agreement. In consideration of the interests described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: SECTION ONE. PURPOSE The purpose of this Agreement is to allow the CCAA to request and the Authority to make qualified members of its staff available for consultation, management and assignments to the CCAA upon the request of the Director of the Collier County Financial Operations Support Division for the Collier County Growth Management Department, for airport operational, emergency, technical or administrative issues, problems or events and to allow the Authority to serve as a resource to CCAA on airport matters, including cn.o 1 Packet Pg. 732 16.G.1.a assigning Authority staff on a temporary basis to any of the three (3) CCAA airports, Marco Island Executive, Immokalee Regional and Everglades Airpark (collectively the "CCAA Airports"), to render on site assistance and advice as requested by the CCAA. SECTION TWO. IMPLEMENTATION A. In the event of a formal request or if an emergency is declared at one or more of the CCAA Airports, by either Collier County or the CCAA, the Authority shall act as interim airport manager and Authority staff shall assume full operational control of the effected CCAA Airports during the period requested or the existence of the declared emergency. Following a formal request or the declaration of an emergency the Authority Is authorized and directed by CCAA to expend resources, pay expenses, and enter into contracts with outside vendors on behalf of CCAA consistent with applicable State procurement laws. The Authority shall designate one of Its senior staff members as temporary CCAA Airport director to coordinate both staffs during the requested period or declared emergency. B. The rendering of assistance by the Authority under the terms of this Agreement shall be voluntary and not mandatory as conditions at the Authority shall dictate as determined In the Authority's sole discretion, The inability of the Authority to render aid shall in no case give rise to liability of the Authority to the CCAA or any third person for damages as a result of such inability and the parties hereto expressly agree that, to the extent allowed by law, the Authority shall be indemnified and held harmless by the CCAA for any and all damages resulting from the rendering of or failure to render assistance under the provisions hereof. If the Authority Is not able to provide the requested assistance, or any portion of it, to the CCAA, the Authority shall immediately advise the CCAA and Collier County of such inabilities. C. The Authority shall continue to provide the same salaries and benefits to its staff who are assigned to render assistance to the CCAA In performance of this Agreement as that employee would receive if on -duty with the Authority, Costs for repairs and maintenance of Authority equipment shared or used or materials used or expended or outside services utilized while rendering assistance under this Agreement will be reimbursed to the Authority. Personnel of the Authority who sustain injury or death in the course of their employment are entitled to all applicable benefits normally available to staff while performing duties for the Authority. D. The Authority shall return operational control of the effected CCAA Airports to CCAA staff on the written direction of either the County Manager, or his designee, or the Executive Director of the Authority, or hislher designee. E. Absent a formal request or declaration of an emergency by either Collier County or the CCAA, the Authority may be called upon to provide limited technical expertise or other administrative assistance as a resource to the CCAA on airport matters if and to the extent (and within the timeframe) agreed upon by the Authority and CCAA. 2 c�* Packet Pg. 733 16.G.1.a SECTION THREE. DURATION The term of this Agreement is three (3) years from the Effective Date. SECTION FOUR. RENEWAL Either party to this Agreement may at any time withdraw from further participation in this Agreement by giving thirty (30) days prior written notice of termination to the other party. This Agreement is independent of any written agreements with other political subdivisions or agencies. This Agreement may be renewed by written agreement of.both parties. SECTION FIVE. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties with respect to the subject matters in this Agreement, and it may be amended, modified or waived only by an instrument in writing signed by both parties. SECTION SIX. INDEMNIFICATION The CCAA agrees to hold the Authority harmless and indemnify the Authority for any loss, liability, or damages arising from any action or omission of Authority commissioners, employees, staff, officers, or agents, regarding the performance of this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent acts or omissions. IN WITNESS WHEREOF, The parties have caused this Agreement to be executed by their duly authorized officials the day and year first set forth above. ATTEST: COLLIER COUNTY AIRPORT AUTHORITY, on behalf of the Board of Commissioners Crystal K. Kinzel, Clerk of the Circuit Collier County, Florida, a political subdivision of Court and Comptroller the State of Florida William L. McDaniel, Jr., Chair Dated: (SEAL) Approved as to Form and Legality: Scott R. Teach, Deputy County Attorney 3 (j�' Packet Pg. 734 16.G.1.a ATTEST: By, - 4 A, Christopher A. Rozansky, C.M. Executive Director Approved as to form and legal sufficiency: William L. Owens, Counsel to the Authority CITY OF NAPLES AIRPORT AUTHORITY a political subdivision of the State of Florida CITY OF NAPLES 7 chael Lenhard, Chairman 4 -0 G Packet Pg. 735