Backup Documents 03/12/2024 Item #16F10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 F 1 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. Cherie DuBock
3. County Attorney Office County Attorney Office
GelG 1nh 3/13/2
4. BCC Office Board of County CH by MB
Commissioners [s] 3//3/2
5. Minutes and Records Clerk of Court's Office ..
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PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 3/12/24 Agenda Item Number 16F10
Approved by the BCC
Type of Document(s) Settlement Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
the Chairman, with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney MB
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_3/12/24_and all changes made during /Als not
the meeting have been incorporated in the attached document. The County Attorney M 4 an option for
Office has reviewed the changes, if applicable. (l '6( ibis line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the 046/Ab an option for
Chairman's signature. ibis line.
Please email a completed copy to
Madison.Bird@Colliercountyfl.gov
I:Forms/County Forms/BCC .26.05;2.24.05;11/30/12;4/22/16;9/10/21
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U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SETTLEMENT AGREEMENT
The Federal Aviation Administration("FAA"or"Administrator") and Collier County
Helicopter Operation ("Respondent") (collectively, "the parties") enter into this Settlement
Agreement regarding FAA Case No. 2023EA910010. On November 29, 2023, the FAA
proposed to assess a civil penalty in the amount of$6,750 against Respondent for Respondent's
alleged violation of 49 C.F.R. § 40.25(d). The terms of the settlement agreement are as follows:
I. Upon receipt of a fully executed copy of this agreement from Respondent the FAA agrees to
issue an Order Assessing Civil Penalty ("Order"),a draft of which is attached, assessing a
civil penalty in the amount of$5,000.
2. Respondent agrees to:
a. Pay a civil penalty in the amount of$5,000 in accordance with the Order, a draft of
which is attached and incorporated by reference;
b. Waive all rights to appeal or otherwise seek review of the Order or this Settlement
Agreement;
c. Not initiate any litigation under any regulatory or statutory provision, including, but
not limited to, the Equal Access to Justice Act,to collect any fees or costs
Respondent may have incurred arising from this matter;
d. Not seek any review of the validity or amount of the debt owed by Respondent to the
United States of America; and
e. Waive any potential causes of action against the FAA, its employees, and agents,past
and present, whether in their official or personal capacities, arising out of this matter.
3. Each party will bear its own costs, if any,that arose as a result of this matter.
4. This document accurately reflects all the terms of the Settlement Agreement between the
parties and is binding on them.
5. The representative of each party signing this Settlement Agreement is duly authorized to do
so.
6. This Settlement Agreement is a free and voluntary act of the parties.
7. A fully executed facsimile or electronic copy of this Settlement Agreement shall have the
same force and effect as a fully executed original of this Settlement Agreement.
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8. The date of tl is ettlement Agreement shall be the date of the last signature hereto.
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Signature o espondent/Date
Chris Hall, Chairman
Printed Name of Respondent
/
Signature of Respondent's Representative/Date
Printed Name of Respondent's Representative
/
Signature of FAA's Representative/Date
Nicholas Milkovich,Attorney, Aviation Litigation Division Miramar Team
Federal Aviation Administration
Printed Name of FAA's Representative
ATTEST
CRYSTAL K.KIN EL CLERK
BY:
Mnest as to CnalnT:aN5
signature only �ka
Ap p •ved as to form a legality
Assistant County Attorney 2
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U.S.Department Office of the Chief Counsel Aviation Litigation Division(AGC-300)
of Transportation 2300 East Devon Ave Miramar Team
Federal Aviation Des Plaines,IL 60018
Administration
U.S.CERTIFIED MAIL,RETURN-RECEIPT REQUESTED
and EMAIL
Collier County Helicopter Operation
8075 Lely Cultural Parkway STE 267
Naples, Florida 34113
Colleen.greene cr,colliercountyfl.gov
RE: COLLIER COUNTY HELICOPTER OPERATION, Case No. 2023EA910010
ORDER ASSESSING CIVIL PENALTY
The Federal Aviation Administration(FAA)notified Collier County Helicopter Operation(Collier
County)through a Notice of Proposed Civil Penalty dated November 29, 2023,that the FAA
proposed to assess a civil penalty in the amount of$6,750 for its alleged violation(s) of 49 C.F.R.
§40.25(d). A settlement has been reached between Collier County and the FAA. This Order is
issued to reflect the terms and conditions of the settlement reached by the parties.
After considering all of the information presently part of this proceeding, including information
presented during an informal conference held on January 29, 2024, the FAA has determined that:
1. Collier County Helicopter Operations (Collier County Helicopter) is now,and at
all times mentioned in this document was,the holder of Federal Aviation
Administration (FAA)Air Carrier Certificate No. CCHA745C, issued under 14
C.F.R. part 119,with authorization to operate under 14 C.F.R. part 135.
2. Collier County Helicopter operations specifications requires that it will comply
with the requirements of 14 C.F.R. part 120 and 49 C.F.R. part 40 for its Drug and
Alcohol Testing Program.
3. At all times mentioned in this document,the position of Aircraft Mechanic II for
Collier County Helicopter is a safety-sensitive position.
4. Regarding William Landry:
a. On or about November 7, 2022, William Landry, was hired by Collier County
Helicopter Operation as an Aircraft Mechanic II.
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b. Landry performed safety-sensitive functions as a mechanic on or about:
i. November 14,2022; and
ii. April 20,2023.
c. During the two years prior to Collier County Helicopter's hiring of Landry, he
was employed by Broward County Fire Rescue and Apollo Med-Flight,DOT-
regulated employers.
d. Collier County did not submit a Release of Information Form for Landry to
either Broward County Fire Rescue or Apollo Med-Flight prior to him
performing safety-sensitive functions or within 30 days of Landry's first
performance of safety-sensitive duties.
e. Drug and alcohol information regarding Landry was not obtained prior to him
performing safety-sensitive functions,nor was a good faith effort to obtain the
information made and documented within 30 days of Landry's first
performance of safety-sensitive duties.
By reason of the foregoing,Collier County Helicopter Operation failed to comply with the
following Federal Aviation Regulations:
(a) 49 C.F.R. § 40.25(d) in that if feasible, you must obtain and review the
information before the employee first performs safety-sensitive functions. If this
is not feasible,you must obtain and review the information as soon as possible.
However,you must not permit the employee to perform safety-sensitive functions
after 30 days from the date on which the employee first performed safety-
sensitive functions,unless you have obtained or made and documented a good
faith effort to obtain this information.
IT IS THEREFORE ORDERED,pursuant to 49 U.S.C. § 46301(a)(5)(1), Collier County is
assessed a civil penalty in the amount of five thousand dollars($5,000)for these violations.
Collier County is hereby ordered to pay immediately the assessed amount by mailing or
delivering a certified check or money order in the amount of$5,000, payable to the Federal
Aviation Administration,to:
ESC/MMAC/FAA
6500 South MacArthur Blvd.
HQ Room 265
Oklahoma City, OK 73169
Attention: FAA Civil Penalties
The check should reference the case number above (Case No.2023EA910010). To pay the civil
penalty with a major credit over the internet or by electronic funds transfer, follow the Electronic
Payment Instructions(enclosed).
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The amount of the civil penalty assessed in this Order constitutes a debt owed to the United
States of America and represents an agreed-upon amount between Collier County and the FAA
in full settlement of this matter. Accordingly, Collier County has now exhausted its right to seek
review of the validity or amount of this debt.
If this debt is not paid in full within thirty (30) days of Collier County's receipt of this Order,the
debt is considered delinquent. For delinquent debts, federal regulation (49 C.F.R. § 89.23)
requires us to charge interest from the date of this Order at the Treasury Current Value of Funds
Rate published by the Secretary of the Treasury in accordance with 31 U.S.C. § 3717 that is in
effect at the time the debt becomes delinquent, and such interest rate will remain fixed for the
duration of the indebtedness. In addition,the FAA shall charge a late payment penalty at a rate
of six percent(6%)per year on any portion of a debt that is more than 90 days past due,with
such late payment penalty accruing from the date of the delinquency. The FAA shall also assess
administrative charges to cover costs incurred in processing and handling the debt beyond the
payment due date. Delinquent debts may be reported to the consumer reporting agencies or
commercial credit bureaus, which could adversely affect Collier County's credit rating.
Nonpayment of this debt may ultimately result in a referral to a collection agency,the
Department of Treasury,or the United States Department of Justice for enforced collection.
Taneesha D.Marshall
Assistant Chief Counsel for Aviation Litigation
By:
Nicholas Milkovich
Aviation Litigation Division, Miramar Team
2300 East Devon Ave, Des Plaines,IL 60018
email:Nicholas.m.milkovich@faa.gov
Telephone: 219.727.1585
Enclosure: Instructions for Electronic Payment
WAIVER OF APPEAL
The terms of this Order are issued in consideration of all available information, including your
waiver of your right to appeal this action to the Department of Transportation or any other
forum.
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CERTIFICATE OF SERVICE
I hereby certify that the foregoing Order Assessing Civil Penalty has been sent by certified mail
and email to:
Collier County Helicopter Operation
8075 Lely Cultural Parkway STE 267
Naples, Florida 34113
Colleen.greene(a colliercountyfl.gov
Eden Armstead Date Nicholas Milkovich Date
Management& Program Assistant Attorney
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INSTRUCTIONS FOR PAYING CIVIL PENALTIES
The entity subject to the Notice of Proposed Civil Penalty may pay the civil penalty
proposed using one of the following methods of payment.
I) To pay the civil penalty with a major credit card over the internet:
i. Visit the web site at https://www.pay.gov;
ii. In the search box type: "FAA Civil Penalty Payments";
iii. Complete the requested information to pay by credit card.
2) Send a certified check or money order for the civil penalty amount to:
ESC/MMAC/FAA
6500 S MACARTHUR BLVD
HQ RM 265
OKLAHOMA CITY, OK 73169
Attention: FAA CIVIL PENALTIES
NOTE: Include a reference to the Case Number`on the certified check or money order.
3) To pay the civil penalty by electronic funds transfer,provide the following information
with the electronic funds transfer:,.
Receiver Bank Name TR,yekS NYC•
Receiver ABA
(U.S. bank routing number) FW.021030004
Receiving Institution: U.S. Treasury
c/o Federal Reserve Bank of New York
33 Liberty Street
New York,New York 10045
Account Number: 69001104
Beneficiary: Federal Aviation Administration
Reference: Case Name: Collier County Helicopter Operation
Case No. 2023EA910010
Attn: FAA CIVIL PENALTIES
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