Backup Documents 02/24/2026 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1
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. (Enter your Dept here)
3. County Attorney Office County Attorney Office CM
6- 3 rYI
4. BCC Office Board of County t
Commissioners D K 6 y i to
5. Minutes and Records Clerk of Court's Office0/2IP
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missi information.
Name of Primary Staff Bruce Gastineau/EMS Phone Number 239-252-3757
Contact/Department
Agenda Date Item was 2/24/2026 Agenda Item Number 16.F.1. ,2026-206
Approved by the BCC
Type of Document(s) Interlocal Agreement with NCH Healthcare Number of Original 1
Attached System,Inc 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)
1. Does the document require the chairman's signature?(stamped unless otherwise stated) Yes
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
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
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
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
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 212y and all changes made during .A is not
the meeting have been incorporated in the attached document. The County Attorney ,� ill::a option for
Office has reviewed the changes,if applicable. Iis line.
9. Initials of attorney verifying that the attached document is the version approved by the is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 4 option for
Chairman's signature. .is line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
16F1
NCH HEALTHCARE SYSTEM,INC.
LANDING AGREEMENT
This Landing Agreement (this "Agreement") is made and entered into effective as of the last date of
signature below (the "Effective Date"), between Collier County Board of County Commissioners and
Collier County Med Flight,having its principal place of business at 3299 Tamiami Trail,East,Naples,
FL 34112 ("COLLIER MEDFLIGHT") and NCH Healthcare System, Inc., a Florida not for profit
corporation, having its principal place of business at 350 7th Street North, Naples, FL 34102
("HOSPITAL"). COLLIER MEDFLIGHT and HOSPITAL are each sometimes referred to in this
Agreement individually as a"Party," and collectively as the"Parties."
WHEREAS,COLLIER MEDFLIGHT operates under FAA CFR Part 135 Air Carrier regulations
{ and provides helicopter air ambulance services(HAA) ; and
WHEREAS,HOSPITAL is engaged in the business of operating a general care medical hospital
and providing medical care in connection-therewith,including emergency medical care; and
WHEREAS, HOSPITAL desires to permit COLLIER MEDFLIGHT, or its mutual aid partner
acting on COLLIER-MEDFLIGHT's behalf; to utilize its helipad for patients requiring air.ambulance
services.
NOW THEREFORE, in consideration of the foregoing, and in consideration of the mutual
covenants and obligations set forth herein and other good and valuable consideration, the receipt and
'sufficiency of which are hereby acknowledged,the Parties hereby agree as follows:
1. TERM. This Agreement shall be in effect for a period of five(5)years commencing on the Effective
Date (the "Initial Term") and will automatically extend for an additional term of five (5) years (the
"Renewal Term",and together with the Initial Term,the"Term")unless written notice is given to the
other Party of a Parry's intent to not extend at least ninety(90)days prior to the expiration of the Initial
Term or is otherwise earlier terminated.
2. HELIPAD LICENSE. HOSPITAL agrees to provide COLLIER MEDFLIGHT(and its mutual aid
partner acting on the County's behalf) with a nonexclusive license to use its ground helipad located
within HOSPITAL's property at NCH North Naples at 11.190 Health Park Boulevard, Naples, FL
34110, (the"Helipad"). HOSPITAL shall ensure that the Helipad is restricted and secure and has all
necessary approvals required by law or regulations. HOSPITAL shall keep the Helipad free of any
equipment,vegetation, debris,litter or any other material or obstruction that could impede COLLIER
MEDFLIGHT' ability to safely land or take off from the Helipad. HOSPITAL will also provide 24-
hour security for the Helipad. (See Exhibit A NCH Helipad Operating Protocols for Medical Flight
Program.)
3. USE. COLLIER MEDFLIGHT shall be entitled to use the Helipad for landing and takeoff of its
aircraft used in its air ambulance service, including but not limited to landing and takeoff for both
HOSPITAL and non-HOSPITAL patients requiring facilities or capabilities not available at
HOSPITAL (outbound)and when HOSPITAL has accepted referred patients (inbound).
CA0
16F1
COLLIER MEDFLIGHT shall not commit an act or omission on the Helipad which would be in
violation of any statute, regulation or ordinance of any governmental body, quasi-governmental or
regulatory body having jurisdiction over the Helipad,or the activities conducted thereon.
4. INSURANCE.
a. Aircraft Hull and Liability Insurance. COLLIER MEDFLIGHT will maintain aircraft hull
insurance providing all-risk aircraft and flight physical damage coverage on an agreed value
basis and aircraft liability insurance including contractual liability insuring the indemnification
set forth in this Agreement, and passenger liability insurance, with no seat limitations; the
foregoing to have a combined single limit of not less than$30,000,000 per occurrence.
b. Commercial General Liability Insurance.
1. COLLIER MEDFLIGHT shall maintain aviation commercial general liability
insurance covering its obligations under this Agreement, including contractual
liability insuring the indemnification set forth in this Agreement, the forgoing to
have a combined single limit of not less than$2,000,000 per occurrence.
2. HOSPITAL shall maintain commercial general liability insurance covering its
obligations under this Agreement, including contractual liability insuring the
indemnification set forth in this Agreement,the forgoing to have a combined single
limit of$10,000,000 per occurrence.
c. Professional Medical Liability Insurance. COLLIER MEDFLIGHT shall maintain
professional medical liability insurance having a combined single limit of not less than
$5,000,000 per occurrence and$5,000,000 aggregate.
d. Workers Compensation. Each Party shall carry workers compensation insurance including all
endorsements as may be necessary to insure fully its obligations required by,law,with coverage
to the statutory limit, and employers' liability insurance in a combined single limit of not less
than$1,000,000.
5. INDEMNIFICATION.
a. COLLIER MEDFLIGHT agrees to indemnify and hold harmless HOSPITAL and its affiliates
and its and their respective directors, managers, officers, employees, agents, representatives,
successors, assigns and sub-contractors from and against third-party claims, demands, actions,
settlements or judgments,based upon or arising out of the activities described in this Agreement,
but only to the extent caused by the negligence of COLLIER MEDFLIGHT, its employees,
agents or contractors. The foregoing indemnification shall not constitute a waiver of Collier
County's sovereign immunity beyond the limits set forth in Florida Statutes,Section 768.28,nor
shall the same be construed to constitute agreement by Collier County to indemnify the other
party for such other party's negligent willful or intentional acts or omissions. HOSPITAL agrees
to indemnify and hold harmless COLLIER MEDFLIGHT and its affiliates and its and their
respective directors,managers,officers, employees,agents,representatives,successors, assigns
and sub-contractors from and against third-party claims, demands, actions, settlements or
judgments, including reasonable attorneys' fees and litigation expenses, based upon or arising
2
CA 0
is
16F1
out of the activities described in this Agreement,but only to the extent caused by the negligence
or willful misconduct of HOSPITAL,its employees,agents or contractors.
6. LIMITATION OF LIABILITY. In no event, whether as a result of contract, tort, strict liability or
otherwise, shall either Party be liable to the other for any punitive, special, indirect, incidental or
consequential damages,including without limitation loss of profits,loss of use or loss of contract.
7. COMPLIANCE WITH APPLICABLE LAWS. Each Party shall comply with all applicable laws and
regulations in the conduct of their respective duties and obligations under this Agreement.
By executing and entering into this Agreement, the Contractor is formally acknowledging without
exception or stipulation that it agrees to comply, at its own expense,with all federal,state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324,et seq.and regulations relating thereto,as either may be amended,as well as the requirements
set forth in Florida Statute, §448:095; taxation, workers'- compensation, equal employment and safety
including,but not limited to,the Trench Safety Act,Chapter 553,Florida Statutes, and the Florida Public
Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b)as stated as follows:
IT IS THE CONTRACTOR/HOSPITAL'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT.IF THE HOSPITAL HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East,Suite 102
Naples,FL 34112-5746
Telephone: (239)252-8999
Email: PublicRecordRequest acolliercountyfl.zov
The Hospital must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records,provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract,transfer,at no cost,to the public agency all public records
in possession of the Contractor or keep and maintain public records required by the public
3
CAo
16F1
agency to perform the service. If the Contractor transfers all public records to the public
agency upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract,the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency,upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Hospital observes that the Contract Documents are at variance therewith, it shall promptly notify the
County in writing. Failure by the Hospital to comply with the laws referenced herein shall constitute a
breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement
immediately.
8. REPRESENTATIONS AND WARRANTIES. The Party indicated below hereby represents,warrants
and covenants as follows:
a. HOSPITAL is the lawful owner of the Helipad and will obtain, and shall maintain and keep in
force, all consents, licenses, permits, approvals and authorization of federal, state and local
governmental authorities which may be required to execute,deliver and perform its obligations
under this Agreement.
b. COLLIER MEDFLIGHT will obtain,and shall maintain and keep in force,all consents,Iicenses,
permits, approvals and authorization of federal, state and local governmental authorities which
may be required to execute,deliver and perform its obligations under this Agreement.
c. Each Party is duly organized, validly existing, and in good standing under the laws'of its
jurisdiction of incorporation or organization,and has the power and authority to execute,deliver
and perform its obligations under this Agreement.
d. The execution, delivery and performance of this Agreement by each Party has been authorized
by all necessary action on the part of such Party.
9. DEFAULT. A material breach by either Party of any representation,warranty or covenant contained
in this Agreement, or the failure of either Party to comply with any material terms or conditions set
forth in this Agreement, shall constitute an event of default(a"Default"),
10.TERMINATION. In the event of Default,this Agreement may be terminated by the non-defaulting
Party and, except as otherwise set forth herein,shall be of no further force and effect thirty(30)days
after the non-defaulting Party provides the defaulting Party with written notice of a Default(the"Cure
Period"),unless the defaulting Party cures the Default prior to the expiration of the Cure Period.Any
provision of this Agreement that logically would be expected to survive termination of this Agreement
•
will survive such termination including, without limitation, all representations and warranties,
indemnification, confidentiality and choice of law provisions.
11.NO REFERRAL CONTINGENCY. The Parties agree that the benefits to each hereunder do not
require, are not payment for, and are in no way contingent upon the admission, referral,or any other
arrangement for the provision of any item or service offered by either Party in any facility,controlled,
managed,or operated by any Party. Each of the Parties expressly acknowledges and agrees that it has
4
O
r �
16F1
been and continues to be its intent to comply fully with all federal, state, and local laws, rules, and
regulations. It is not the purpose nor is it a requirement of this Agreement to offer or receive any
remuneration or benefit of any nature or to solicit, require, induce, or encourage the referral of any
patient,the payment for which may be made in whole or in part by Medicare,Medicaid or other payor.
No payment made or received under this Agreement is in return for the referral of patients or in return
for the purchasing, leasing, ordering, or arranging for or recommending the purchasing, leasing, or
ordering of anyy goods, service,item,or product for which payment may be made in whole or in part
under Medicare,Medicaid or other payor.No Party shall make or receive any payment that would be
prohibited under state or federal law.
12. WAIVER. The waiver by one Party of any breach or failure of the other Party to perform any
covenant or obligation contained in this Agreement shall not constitute a waiver of any subsequent
breach or failure.
13.SEVERABILITY. In the event that any provision of this Agreement is determined to be unlawful or
contrary to public policy,such provision shall be severed here from and shall be deemed null and void
but shall in no way affect the remaining provisions outlined herein.
14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida,without regard to conflict of laws principles thereof.
15. NOTICE. Any notices, demand or communication required or permitted to be given hereunder shall
be deemed effectively given when personally delivered, when actually received by guaranteed
overnight delivery service, or five (5) business days after being deposited in the United States mail,
with postage prepaid thereon,sent certified or registered mail,return receipt requested,and in all such
cases addressed as follows:
If to HOSPITAL: .If to COLLIER MEDFLIGHT: .
NCH Healthcare System,Inc. COLLIER MEDFLIGHT,LLC
350 7th Street North 2375 Tower Dr.
Naples,FL 34102 Naples,FL 34104
Attn:Legal Department Attn: EMS Chief Bruce Gastineau
16.ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties and
supersedes all prior: and contemporaneous oral and written agreements, arrangements and
•understandings between the Parties with respect to the subject matter of this Agreement.
17.AMENDMENT AND MODIFICATION. This Agreement may not be amended, modified or
supplemented except by an instrument in writing signed on behalf of each Party.
18. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve
any such disputes by negotiation. The negotiation shall be attended by representatives of Hospital with
full decision-making authority and by County's staff person who would make the presentation of any
settlement reached during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to. resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of Hospital
5
CAO)
is
1 6 F 1
with full decision-making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under
section 44.102,Fla. Stat.
19. NO PRESUMPTION AGAINST DRAFTING PARTY. Each Party acknowledges that it has been,
or has had the opportunity to be, represented by counsel in connection with this Agreement and the
transactions contemplated hereby. Accordingly, any rule of law or any legal decision that would
require interpretation of any claimed ambiguities in this Agreement against the drafting Party has no
application and is expressly waived.
20. COUNTERPARTS; FACSIMILE OR ELECTRONIC SIGNATURE. This Agreement may be
executed in counterparts,all of which shall be considered one and the same instrument. Any executed
counterpart to this Agreement may be delivered by.pdf or other electronic means,and any counterpart
so delivered shall constitute an original for all purposes.
IN WITNESS HEREOF,the Parties,through their respective undersigned authorized officers,have duly
executed this Agreement to be effective as of the Effective Date.
Collie ounty NC- b/
By: By.
Dan Kowa!, Chairman Nat . D, 5 // Irt'w‘i l�
Title: Chairman Title: A �e Li l (�. G ieig C-14S I
Date: 3//o/2 _—.- Date: I L -L( - Z S
e��r�4�,� 1• t�;���::gal/
ty.
Col een M. Green:
Managing Assistant County Attorney
ATTEST;, `
CRYSAL TK;I INZ1
Clerk-of'cq . ' d' oniptroller
De pu Clerk_ ,.
Attesrps to Clerk__
s�gis u15 o °
6 AO
16F1
NCH
NCH Helipad Operating Protocols for Medical Flight Programs
Notification Requirements
Aircraft must notify NCH Dispatch of any intended use of the helipad no less than ten(10)
minutes prior to arrival.Notifications shall be made via direct contact with NCH Dispatch
using established provided contact number.Notification does not constitute approval.
Approval must be explicitly granted by NCH prior to landing.
Approval Process
Upon receiving a request,.NCH Dispatch will coordinate with NCH Public Safety to assess
helipad readiness and safety.Approval will be communicated directly to the requesting
party immediately.
NCH reserves the right to deny use of the helipad for any reason,including but not limited
to safety concerns,operational conflicts,or environmental conditions.
Communications Protocol
All inbound aircraft shall establish direct radio communication with NCH Public Safety
using the Collier County Air Ops channel.Aircraft must maintain communication throughout
approach,landing,and departure phases.NCH Public Safety will provide real-time updates
regarding hazards,obstructions,or pilot concerns.
Contact Information for Dispatch
Primary phone number:239-624-7233 (NCH Dispatch)
Back up phone number:239.-624-6412 (NCH NNH Campus)
Aircraft Identification Requirements
Notifications of inbound flights must include the following:
1. OR Aircraft calisign,i.e.CollierMedFlightl.Estimated time of Arrival(ETA)
2. Special Requests
Safety Coordination
Gp,O
NCH will assess and advise on;
• Weather conditions
EXHIBIT
16F1
NCH
NCH Helipad Operating Protocols for Medical Flight Programs
• Ground hazards
• Nearby activity or obstructions
NCH Public Safety will coordinate with aircraft to ensure safe and secure operations.
Authority to Deny Use
NCH retains full authority to deny helipad access at any time,regardless of prior notification
or request.Denial may be based on:
• Safety risks
• Operational conflicts
• Emergency conditions -
• Regulatory or compliance issues
If the inbound flight is denied approval to use the NCH helipad they must seek an alternate
landing zone.Identification of an alternate landing site is not the responsibility of NCH.
Documentation and Recordkeeping
NCH Dispatch shall maintain logs of all helipad use requests,which includes approvals or
denial,communications with aircraft,and any incidents or deviations.
CPD
1 6 F 1
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1,2024,pursuant to § 787.06(13), Florida Statutes, when a contract is executed,renewed,or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name: NCPrT-I ea-e jri!4- , 1-4e,
Address: •4 f' 7"" i - • Al/ A 71 D, si F/ 31{02
Phone Number: 23(—tail— q i� / •
Authorized Representative's Name: 7Ght S K t„`4,l •
Authorized Representative's Title: A rs sz,-c t- c 4,4(e j
Email Address: '
k Ja►rM eS .(C4.rk. e►+a
1, r I.i-il I (Name of Authorized�� Representative), as authorized representative attest under
penalty of perjury that iv to- 1/ea.�ii,CG>� 4 L4$ ,i.,t,C• (Name of Nongovernmental Entity) does not: (1)use
coercion for labor or services as defined in§787.66,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity, and(c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
Under penalty of perjury,I -lare that I have read the foregoing Affidavit and that the facts stated in it are true.
1z—el -zS
(Signature of aut zed representative) Date
STATE OF Fl.j
��
COUNTY OF Cm I' '.
Sw to(or affirmed)and subscribed b fore me,by means of)(physical presence or 0 online notarization this
M
May of rCG ,25,by, 4VV (Name of Affiant),who produced his Florida Driver's License as
idail i'cation. V'n
L4&!L AA L LA&
- 'Iv "Notary Public State of Florida
Elizabeth Martin
r1111 My Commission HH 315116
C mmission Ex i c
Personally Known �R Produced Identification❑
Type of Identificationn Produced:��`
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1