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Backup Documents 02/22/2011 Item #16G1 166 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicahlc column, whichever is a ro date. Original document has heeo signcd/initialcd for legal sufficiclH.:Y. (All documents to be signed by the Chairman, with the exception of most letters. must be rcvicwed and signed fly the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. ell:. that have hceo fully executed by all parties except the Bee Chairman and Clerk to the Board and)()ssibl Slate Officials.) All handwritten strike-through and revisions have been inilia1ed by the County Attorney's Office and all other Jarties exee 1t the Bee Chairman and the Clerk to the Board The Chairman's signature line date has heen entel\:d as the date ofBCC approval urthe document or the final nCt!.otiated conLract date whichever i" <l licable. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's si nature and initials arc reL uired. In most cases (some contracts arc an exception), the original document and this routing slip should be pwvidcd to Ian Mithchell in the Bee office within 24 hours (d. BeC approval. Some documents are linlL' sensitive and require forwardin~ to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved hy the BCC on 02/22/11 .___(enter date) and all changes made during the meeting have heen incorporated in the attached document. The Count Attorne 's Offil'e has reviewed the ch~m Jes, if a licable. Print on pink paper, Atr:leh to original dllClIIlH;n!. Original documents ~hould bc \:and delivered In lhe Huard Office. The completed routing "lip and original documents arc to b~ forwi.lrded 10 the Bmml Office only ~lftcr tlw Board has tak~1l <ll:liol1 on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriale for additional signatures, daleS, ~llldJor information needed. If the doeumenl is already complete with the exception of tile Chairm<lIl's sip-nature, draw a line throul!h routim! lines #Ithrou"h #4, comDkle the checklist, and forward to Ian Mitchell (hne #5) Route to Addressee(s) Office Initials Date (U"t in routin2: order) 1. - - -.,--".-,-.,.- 2. :. ,_:,:;:.':,... ....~~ --~>".~.. 3. -----.----~ --- 4. Colleen Greene County Attorncy's Officc efAb- a.-1~~lu 5, Ian Mitchell, BCC Office Board of County Commissioncrs ~ '2.-/1,~ hI Supervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contu;t information is needed in lhc evenl one of lhe addressees above, induding Sue Filson. need 10 contact staff for additional or missing information. All original documents needing theHCC Chairman's signature arc 10 he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Slaff Dehhie Brueggeman Phone Numher (239) 642-7878 Ext. 34 Contact Agenda Datc Item was February 22, 20 II Agenda Itcm Number 16GI Approved bv the BCe Type of Document Concession Agreement Numher of Original 3 Attached Documents Attached 2. 3. 4. 5. 6. Yes (tnilial) ~b \Jb N/A(Not A lie.ble) N/A N/A I: Forms! County F(lrl1l~1 Hce Forms/ Original DnClllllcnts ROllting Slip WWS Onf')nal 9.rn,1l4, Rt:vised 1_26.05, Revised 2.24.05, Revised ll.18.09 166 1 MEMORANDUM Date: March 1,2011 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Collier County Airport Authority Concession Agreement - Aircraft Detailing Attached are two (2) originals of the document referenced above, (Agenda Item #16G1) approved by the Board of County Commissioners on Tuesday, March 1,2011. The Minutes & Records Department has retained the third original to be kept as part of the Board's Official Records. If you have any questions, you may contact me at 252-7240. Thank you. ((;.) 16G I COLLIER COUNTY AIRPORT AUTHORITY CONCESSION AGREEMENT AIRCRAFT DETAILING THIS CONCESSION AGREEMENT (the "AGREEMENT"), entered into as of the \ ~+ day of IV\CA<C'<) 20~, by and between the COLLIER COUNTY AIRPORT AUTHORITY ("AUTHORITY") as licensor, and Corporate Jet Care LLC a Florida corporation authorized to do business in the State of Florida, ("CONCESSIONAIRE"), WITNESSETH THAT, for and in consideration of the covenants herein contained, AUTHORITY does hereby grant CONCESSIONAIRE the privilege to engage in the business described herein below upon the premises of the Marco Island Executive Airport ("AIRPORT"), Collier County, Florida. 1. RIGHTS AND PRIVILEGES A. The CONCESSIONAIRE is hereby granted the privilege of providing aircraft detailing and cleaning services, hereafter referred to as "detailing services." B. It is specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of an exclusive right to the CONCESSIONAIRE within the meaning of Scction 308 of the Federal Aviation Act and Florida law, Further, nothing in this paragraph shall be construed to allow CONCESSIONAIRE to conduct any activities other than those specified in Subsection (A) above, or those specified in any AGREEMENT hereinafter entered into between AUTHORITY and CONCESSIONAIRE. C. CONCESSIONAIRE further agrees that it will not engage in nor permit any unlawful activity, or any activity that would unreasonably cause an increase in the rate of insurance on said airport, nor any activity that would disturb nearby properties or tenants at the AIRPORT, 2, TERM The privileges of this AGREEMENT are hereby granted to CONCESSIONAIRE for a term of one (I) year, which shall commence as of \''\ u, c '" \ . 20 ~ and shall terminate on ,"Y\ CA<C \0; \ ,20. \ d.- , unless said term shall be sooner terminated as hereinafter provided. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (I) year periods. Page 1 of? ;i?'.." tv! 16G 1 3. REVENUE AND ACTIVITY REPORTING AND CONCESSION FEE A. CONCESSIONAIRE shall furnish to AUTHORITY, on or before the 15th day of each month, a monthly report of the previous calendar month's gross receipts, as defined below, which shall include proceeds from all detailing services and charges by the CONCESSIONAIRE at the AIRPORT and such payments shall be accompanied by a statement of gross receipts for the preceding month, CONCESSIONAIRE shall supplement its monthly report of GROSS RECEIPTS at the request of the AUTHORITY. Supplements may include information related to the date of service, aircraft registration number, and company name. Without waiving any other available rights and remedies, AUTHORITY shall be entitled to a late charge on any payment not made when due, equal to the lesser of eighteen percent (18%) or the maximum percent permitted by law in the State of Florida. B, "GROSS RECEIPTS" as used herein shall mean all detailing service charges billed to the customer or other facilities located at the airport for all products and services provided by the CONCESSIONAIRE at the AIRPORT. C, CONCESSIONAIRE shall pay the AUTHORITY a concession fee in the amount of fifteen percent (15%) for monthly GROSS REClEPTS. D. CONCESSIONAIRE shall also pay the AUTHORITY a towing fee for all aircraft towed, based on the then current Rates and Charges. The towing fee will be initiated for each aircraft towed to and from the agreed upon washing area or other designated location for the primary purpose of aircraft detailing. E. AUTHORITY shall not be responsible to reimburse CONCESSIONAIRE for fees or any services received or accepted by the customer, for any reason. F. Customer complaints and disputes for payment by the customer, arising from the CONCESSIONAIRE'S operation at the AIRPORT, shall be handled directly by the CONCESSIONAIRE. No partnership is created with this agreement. 4, NOTICE. PLACE AND MANNER OF PAYMENTS A. No later than the 15th of each month, CONCESSIONAIRE shall pay the Concession fee due, based on the GROSS RECEIPTS direct billed to customers utilizing the airport, during the preceding month. Page 2 of? ,~'-.,~ t~. 166 1 B, All payment and concession fees from CONCESSIONAIRE to AUTHORITY shall be sent by mail or hand delivered to the following address as designated by the AUTHORITY: Collier County Airport Authority, 2005 Mainsail Drive, Suite # I, Naples, FL 34114, All correspondence from AUTHORITY to CONCESSIONAIRE shall be sent by mail to the following address designated by the CONCESSIONAIR: Corporate Jet Care LLC 40.95 Southern Boulevard Suite # 206 West Palm Beach, FL 3340.6 Either party may designate in writing from time to time any changes in addresses or any addresses of substitute or supplementary persons in connection with said notices. The effective date of service of any notice shall be the date such notice is mailed to CONCESSIONAIRE or Executive Director. C. In addition, all notices, demands and requests shall be sent by certified mail, return receipt requested, to this same address, 5. RECORDS A. CONCESSIONAIRE agrees that it will keep true, accurate and complete records during the term of this AGREEMENT and will keep available, for a period of twenty-four (24) months after each term of the AGREEMENT, the books and records of accounts of CONCESSIONAIRE for each year of this AGREEMENT, showing the GROSS RECEIPTS of CONCESSIONAIRE from the business conducted at the AIRPORT, and other pertinent information required by the provisions of this AGREEMENT. This information should include information related to the date of order, aircraft registration number, and company name. The books and records of account shall be made available with reasonable notice, during regular business hours to the AUTHORITY or its duly authorized agent or auditors, for the purpose of verifying and determining the accuracy of the information set forth in any monthly report or for the purpose of verifying compliance by CONCESSIONAIRE with the terms of this AGREEMENT but tor no other purpose. The reporting of any false report of revenue or failure to include all applicable revenue by the CONCESSIONAIRE shall be grounds for immediate cancellation and termination of this AGREEMENT. B. An authorized representative of the AUTHORITY shall have the authority to audit CONCESSIONAIRE'S records of GROSS RECEIPTS. In the event that an audit reflects an underpayment of any obligation contained in this AGREEMENT of at least four percent (4%) for any calendar year, the CONCESSIONAIRE shall pay AUTHORITY the costs associated with such audit. In addition, the CONCESSIONAIRE shall remit any underpayment, within thirty (3D) days of written notice, Page 3 of7 #11:.' (v~ 166 1 6, USE OF AIRPORT F ACIUTIES A. The CONCESSIONAIRE is hereby authorized, at the AUTHORITY'S discretion, to use the designated aircraft washing area, CONCESSIONAIRE must use "Best Management Practices" approved by the AUTHORITY, and must comply with all applicable Federal, State and Local Laws Ordinances and Regulations. B. The AUTHORITY shall not be responsible for the loss or damage of any aircraft, or damages incurred during the detailing process. C. CONCESSIONAIRE is an independent agent and not an agent or partner of Authority or Collier County Government. 7, TAXES A. If at any time during the term of this AGREEMENT, the rights granted herein or the payments become subject to any federal, state or local tax, property, sales, excise or otherwise, CONCESSIONAIRE agrees to assume the payment of such taxes and, if applicable, to include such payments with the fee payments required hereunder, provided, however, that CONCESSIONAIRE shall in no circumstances be obligated to pay any taxes based on the net income of AUTHORITY. B, CONCESSIONAIRE agrees to promptly pay all lawful general taxes, special assessments, excises, license fee and permit fees applicable to its operation at the AIRPORT and to hold and maintain all licenses, municipal, state or federal, required for the conduct of its business at the airport. CONCESSIONAIRE further covenants and agrees not to permit any taxes, assessments, excises, fees or charges to become delinquent. 8. NON-DISCRIMINATION A. CONCESSIONAIRE agrees that it will operate in compliance with all requirements imposed by Title 49 CFR Sub Title A, Office of the Secretary, Part 2 I, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title IV of the Civil Rights Act of 1964, B, CONCESSIONAIRE agrees that it will not discriminate against any person on the basis of race, color, gender, national origin, age, disability, religion or marital status, in connection with the use of this License, Page 4 of7 ~-f1 u.o." '\ (~~ 16G I C. CONCESSIONAIRE will comply with all applicable sections of Public Law 101- 336, commonly known as the Americans with Disabilities Act. D. CONCESSIONAIRE will furnish its services on a fair, equal and not unjustly discriminatory basis to all users and the CONCESSIONAIRE will charge fair, reasonable and not unjustly discriminatory prices for its services. Nothing in this agreement prohibits CONCESSIONAIRE from making reasonable and nondiscriminatory discounts, rebates or other price reductions to purchasers. 9. RULES & REGULATIONS A. CONCESSIONAIRE hereby agrees to comply with the Collier County Airport Authority Rules and Regulations and Minimum Standards for Commercial Aeronautical Activity, on file in the oflice ofthe Executive Director of the AIRPORT as well as other procedures, which may be promulgated from time to time. These documents are incorporated into this AGREEMENT and made a part hereof. The Rules and Regulations and Airport Minimum Standards may be amended hereafter by the AUTHORITY. Each of these documents may be reviewed and copies provided at CONCESSIONAIRE's expense in the main offices of the Collier County Airport Authority. 8, CONCESSIONAIRE shall comply with any and all applicable governmental statutes, rules, orders and regulations. 10. INDEMNIFICATION CONCESSIONAIRE hereby covenants and agrees to defend, indemnify, and hold harmless the AUTHORITY, its commissioners, officers, agents and employees harmless from and against any and all claims, loss, liability, damages, actions, lawsuits, costs and expense (including attorneys' fees), which occurs in whole or in part as a result of any act or omission of the CONCESSIONAIRE, including but without limitation, for property damage, personal injury, death, penalties, fines, economic loss, consequential damages and the like. CONCESSIONAIRE agrees that any and all personal property of CONCESSIONAIRE or its commissioners, officers, employees, servants, agents, guests or invitees shall be stored and otherwise used at CONCESSIONAIRE'S exclusive risk. I I. INSURANCE REQUIREMENTS 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 '"Contract Insurance Requirements", attached and made a part hereof Page 5 of7 .fir::, tv~ 16G 1 for the cornmercial aeronautical activities to be conducted as listed in 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 Collier County is named as additional insured as to the uses of the licensed premises under this agreement. Collier county Board of county Commissioners must be named as the Certificate Holder and shall also provide the Separation ofInsured' s Provision. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, FL Prior to the execution of this agreement by licensee, the specified insurance coverage and limits required must be evidenced by properly executed Certificates ofInsurance on the forms which are deemed acceptable by AUTHORITY. 12. TERMINATION Should the CONCESSIONAIRE be found to have failed to perform services in a manner satisfactory to the AUTHORITY as per the AGREEMENT, AUTHORITY may terminate this AGREEMENT immediately for cause; further, AUTHORITY may terminate this AGREEMENT without cause with a thirty (30) day written notice. AUTHORITY shall be sole judge of non-performance. 13. ATTORNEY FEES Prevailing party shall recover the attorney's fees and costs incurred to enforce any provision of the License, including all costs of collection, Attorney's costs and expenses recoverable shall include all out of pocket expenses and shall not be limited by the Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. 14. GOVERNING LAW This AGREEMENT shall be governed by and interpreted according to the laws of the State of Florida. This AGREEMENT is subject and subordinate to the provisions of any Agreements heretofore made between the AUTHORITY and the United States, relative to the operation or maintenance of the airport, the execution of which has been required as a condition precedent to the expenditure of federal funds for the development of the airport in accordance with the provisions of the Federal Aviation Act as it has been and may be amended from time to time. Page 6 of? ~1W11POf1o t ((?) 16G 1 15, VENUE It is mutually understood and agreed that all suits in regard to this AGREEMENT may be instituted and maintained in any court of competent jurisdiction in the County of Collier, State of Florida. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their appropriate officials, the day and year first written above. CONCESSIONAIRE: d~it~/JY/:ffr By: JjwJJl ~ Signature J. L-:~ Typedlpri t witness name ~ p~ Printed name and title itne s ATTEST: , DWIGHT E. BROCI,(, CLERK COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY. FLORIDA By: c~ Fred W, Coyle, Chairman . ' '-1 n .7 T. ~4<... c...) ..... .....-..., Approved as to form and legal sutliciency: ~Qee-l^- @-t~R4 (L Colleen Greene / Assistant County Attorney Page 7of7 16G 1 #trr:~, t'V.. EXHIBT A COLLIER COUNTY AIRPORT AUTHORITY CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutorv Limits and Reauirements Emplaver's Liabilitv $500,000 $1,000,000 Cammercial General $500,000 per occurrence $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. X Airport Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence bodily injury and property bodily injury and praperty damaae damaqe Hanaarkeepers Liabilitv $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damaae X Business Automobile X $500,000 per occurrence $1,000,000 per occurrence Insurance , bodily injury and property bodily injury and property damaae damaqe Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damaae Prooertv Insurance Replacement Cost- All Risks of Loss - I 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 ContractorlVendor/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 af Collier Countv. Collier Caunty Board af County Commissianers shall be named as the Certificate Halder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissianers Naples, Flarida Na Caunty Division, Department, or individual name should appear on the Certificate. No other format will be accentable. 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 mav appear. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liabilitv and/or Airoart Liability where required. FORM 1- Commercial Activities License/Sublease of Land/Low Hazard or Short Term/Aviation Related