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Backup Documents 09/24/2013 Item #16G 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 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. * *NEW ** 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. Authority (Initial) Applicable) 2. September 24, 2013 Agenda Item Number 16G1 3. County Attorney Office County Attorney Office RK N/A 4. BCC Office Board of County Commissioners GSA � \ 1 5. Minutes and Records Clerk of Court's Office Documents Attached 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 Debbie Brueggeman, A min, Airport Phone Number 642 -7878 Ext. 34 Contact / Department Authority (Initial) Applicable) Agenda Date Item was September 24, 2013 Agenda Item Number 16G1 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document License Agreement for Fogarty Flying Number of Original 1 Attached Service at MKY Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. —� to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's N/A INSTRUCTIONS & CHECKLIST I: Forms/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 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 original signature? V �G 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 legal sufficiency. (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's N/A 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 n p Ili 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 t item is input into SIRE. N/A Some documents are time sensitive and require forwarding to allahassee within a certain time frame or the BCC's actions are nullified. Be aware of deadlines! 8. The document was approved by the BCC on 9/24/13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for e Chairman's signature. Y I: Forms/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 16G1 MEMORANDUM Date: October 1, 2013 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: A Commercial Aviation Operations License Agreement with James Fogarty, d /b /a Fogarty's Flying Service to conduct flight instruction at Marco Island Executive Airport Attached for your records is a copy of the document referenced above, (Item #16G1) approved by the Board of County Commissioners on September 24, 2013. If you have any questions, please contact me at 252 -8406. Thank you. 16G1 MEMORANDUM Date: October 1, 2013 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: A Commercial Aviation Operations License Agreement with James Fogarty, d /b /a Fogarty's Flying Service to conduct flight instruction at Marco Island Executive Airport Attached to provide to the licensee is a certified copy of the document referenced above, (Item #16G1) approved by the Board of County Commissioners on September 24, 2013. If you have any questions, please contact me at 252 -8406. Thank you. Collier County Airport Authority Commercial Aviation Operations License Agreement 16GI COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT 4°�� "T4& COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE, SUITE 1 Y 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, F134145 1. Licensee/ Commercial Aviation Operator: The Collier County Airport Authority (Licensor) hereby licenses James Fogarty, D.B.A. Fogarty's Flying 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 Collier County Ai rP ort Authority Commercial Aviation Operations License Agreement 16G1 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 injuries 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 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) /rl L,,,1 N (print name) 1i.) ,e,,w-1,/,�, -z- � 4cr -�� Witness (signat 1Da-y-c2f ,j&la evvya n (print name) AS TO THE LICENSOR: Attest: DWIGHT E� BROOK, Clerk i Jeffrey A! County A FOGARTY'S FLYING SERVICE BOARD OF COUNTY CO ISSIONERS OF COL I CO TY, F ORIDA, serving as the COLLI R Y Al" RT AUTHORITY 11 By._ Clerk G legality: MAN ESQ. co- CIA q.� 1 >;c d - Page 3 of 3 EXHIBIT A COLLIER COUNTY AIRPORT AUTHORITY CONTRACT INSURANCE REQUIREMENTS 16G1 FORM 1- Commercial Activities License /Sublease of Land /Low Hazard or Short Term /Aviation Related 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 dams a damage Business Automobile $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property dama a damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property dama a 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, 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 County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and /or Airport Liability where required. FORM 1- Commercial Activities License /Sublease of Land /Low Hazard or Short Term /Aviation Related