Backup Documents 02/11/2025 Item #16G 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 G 1
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.
**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. Risk Risk Management
2. County Attorney Office County Attorney Office G2)fVA
4. BCC Office Board of County
Commissioners V ix,/fr13// 2//y(Z 5
4. Minutes and Records Clerk of Court's Office /0W '
414,47 /q/.io a-6
5. Procurement Services Procurement Services
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 Deidra De La Cruz/Procurement Contact Information 239-252-8950
Contact/Department
Agenda Date Item was February 11,2025 Agenda Item Number 16.G.1
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 24-8283 Enterprise Leasing
number if document is Enterprise Leasing Company of Florida,
to be recorded Company of Florida, LLC
LLC
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 original signature STAMP OK N/A
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 DD
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 DD
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 DD
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 input into SIRE.
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 February 11,2025,and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County a�(`,ry� an option for
Attorney's Office has reviewed the changes,if applicable. �f'� this 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 5,.1", an option for
Chairman's signature. this line.
16G 1
MEMORANDUM
Date: February 14, 2025
To: Deidra De La Cruz,
Procurement Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Contract #24-8283 "Rental Car Concession Services for
Collier County Airport Authority"
Contractor: Enterprise Leasing Company of Florida, LLC
Attached for your records is an original of the referenced document above,
(Item #16G1) adopted by the Board of County Commissioners on Tuesday,
February 11, 2025.
The Board's Minutes & Records Department has kept an original as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
16G 1
REVENUE GENERATING AGREEMENT
(CONCESSIONAIRE)
#24-8283
for
Rental Car Concession Services for Collier County Airport Authority
fh
THIS AGREEMENT, made and entered into on this i I day of ;r, (AV j L 20
by and between Enterprise Leasing Company of Florida, LLC ( , authorized to
do business in the State of Florida, whose business address is 1905 Boy Scout Drive, Fort Myers, FL
33907 , (the "Contractor") and Collier County, a political
subdivision of the State of Florida, (the "County"):
WITNESS ETH:
1. AGREEMENT TERM. The Agreement shall be for a three (_3_) year period, commencing
® upon the date of Board approval; ur on and terminating three ( 3 )
year(s) from that date.
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 two ( 2 ) additional
one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term then in
effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then in
effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall be open for business to the public no
later than thirty (30) days after the date of this Agreement as evidenced by a Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and
conditions of Request for Proposal ( RFP ) # 24-8283 , including all Attachment(s),
Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part
of this Agreement. The Contractor shall also provide services in accordance with Exhibit A —
Scope of Services attached hereto. It is not permissible for other County divisions or
governmental entities to utilize the Agreement.
3.1 This Agreement contains the entire understanding between the parties and any modifications to this
Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's
Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are
authorized.
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4. THE AGREEMENT SUM. The Contractor shall pay the County for the performance of this
Agreement based on Exhibit B- Fee Schedule, attached hereto.
5. DEFAULT IN PAYMENT. If the payment of consideration and accumulated daily penalties are
not received within thirty (30) days after the normal monthly due date, then the County may
take possession of the Contractor's assets on County property and may terminate this
Agreement. A monthly report as identified in Section 5 shall also be submitted to the Director
of Airport Authority or Designee, by the fifteenth (15th) of each month. This report shall
accompany the monthly Statement of Gross Receipts and shall be subject to audit. Contractor's
failure to remit any such payment or produce the reports shall be considered a material breach
of the Agreement.
6. MONTHLY REPORTING REQUIREMENTS. The Contractor will be required to submit a
written monthly report, as identified in Exhibit A— Scope of Services, by the fifteenth (15th) day
of the following preceding month that contain the following stated below. Contractor's failure
to produce these required monthly reports shall be considered a material breach of the
Agreement. The report will be approved by the Director of Airport Authority, or Designee and,
at minimum, shall include hours of operation, daily attendance figures, weather conditions. The
Contractor shall provide the County a copy of its State Sales and Use Tax Report, as prescribed
by the State of Florida Revenue http://dor.mvflorida.com/dor/taxes/sales tax.html#tab1.
A monthly report of gross receipts, the payments computed on that amount, and any other taxes
and fees due must be submitted to the County through the Director of Airport Authority, to be
received by the fifteenth (15th) of each month. In the event the Concessionaire fails to pay this
consideration or submit their monthly report within five (5) days of such due date, there shall be
a late charge of ten percent (10%) of the total monthly amount owed to the County per day. If
the payment of consideration and accumulated daily penalties are not received within thirty (30)
days after the normal monthly due date, then the County may take possession of the
Concessionaire's assets on County property and may cancel this Agreement. The County has
no duty to notify the Concessionaire of its failure to remit any such payment or report
7. FINANCIAL REVIEW. RECORDS. AUDIT. The Contractor shall provide, at its expense, an
annual independent review of the Contractor's financial records. The purpose of this review is
to substantiate that the County has been compensated in accordance with this Agreement.
The Contractor shall establish and maintain such records as now exist and may hereafter be
prescribed by the County in the future to provide evidence that all terms of this Agreement have
been and are being observed. The Contractor grants to the County, or any duly authorized
agents or representatives of the County, the right and authority to audit all records, documents,
and books pertaining to the concession operations. Such audit will be conducted at locations
and at a frequency determined by the County and communicated to the Contractor. The
Contractor agrees to provide materials for the audit at the place designated by the County
within three (3) business days after the County's notice to do so is received by Contractor, all
at no cost to the County.
8. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the
payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of
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Exemption # 85-8015966531 C.
9. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Enterprise Leasing Company of Florida, LLC
Address: 1905 Boy Scout Drive,
Ft. Myers, FL 33907
Authorized Agent: Drew Carpenter
Attention Name & Title: Controller
Telephone: 239-275-3393
Email(s): drew.carpenterem.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Collier County Airport Authority
Division Director: Darren Hutton
Address: 2005 Mainsail Drive,
Naples, FL 34114
Contract Administrator: Brad Beadles
Telephone: 239-359-4407
Email(s): Brad.Beadles(a�colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in writing.
10. NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the
Contractor. The Contractor is not a lessee. The Contractor's right to operate the concession
shall continue only so long as the concession operation complies with the undertakings,
provisions, agreements, stipulations and conditions of this Agreement.
11. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County.
12. FACILITIES. The Contractor shall maintain sanitary, neat and safe facilities and orderly
operations at all times to ensure a maximum value to guests. The Contractor acknowledges it
is assuming responsibility for managing the Concession Operations Areas in its current "as is"
condition and in good order.
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13. MAINTENANCE AND REPAIRS. The concessionaire shall to the satisfaction of the Director
of CCAA or authorized representative to provide normal and routine daily, monthly, yearly
maintenance of the facilities, designed to keep the premises and equipment in a good state of
repair, free from hazardous conditions and deterioration, thus providing for the comfort and
safety of visitors and patrons. Any improvements to an existing structure must be approved in
writing by the CCAA Director or designee. All structures and improvements shall become the
property of Collier County at the end of the resultant Agreement. Any alterations made for the
benefit of the concessionaire shall be paid for by the concessionaire.
14. TRASH. RUBBISH AND GARBAGE REMOVAL. The County will provide all garbage, trash
and rubbish receptacles within the confines of the area. The concessionaire shall be
responsible for the pickup and removal of all rubbish, trash and garbage including removal of
trash from the concession area to the dumpster. The concessionaire agrees to perform daily
removal of litter in the immediate exterior area within fifty (50) feet of the concession.
15. POINT OF SALE EQUIPMENT: The concessionaire must use point-of-sale (POS) electronic
cash machines or other electronic accounting control equipment for the proper control of cash
payments. Point of Sale reports must be maintained and made available upon demand during
the entire term of the resultant Agreement with Collier County. All electronic cash equipment
and accounting procedures must be approved by the Collier County Finance Department. All
sales must be accompanied by a receipt to the customer.
16. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. The County will not be
obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the County. All non-
County permits necessary for the prosecution of the Work shall be procured and paid for by the
Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on
the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier
County,the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor
agrees to comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
17. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the Agreement of the Contractor. Should
the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor further agrees
not to commence operation during the suspension period until the violation has been corrected
to the satisfaction of the County.
18. FORCE MAJEURE. If closure of the facilities or loss of equipment, of either or all facilities, is
due to unforeseeable causes beyond the control of Contractor, and not due to its own fault or
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neglect, including but not restricted to, acts of nature or of public enemy, acts of government
or of the County, fires, floods, hurricanes, civil disorder, epidemics, quarantine regulations,
strikes or lock-outs, etc., the County will allow pro rata adjustment of monthly payments up to
the time such damage is repaired and/or the loss of time related to the closure of the facilities.
The County must be made aware of the time of closure within forty-eight (48) hours up to the
time the damage is repaired or other circumstances return to normal.
19. CONTRACTOR NOT TO REMOVE PROPERTY. Contractor shall not remove from the
Concession Operations Areas any personal property brought thereon or any replacements
thereto by the Contractor for the purpose of this Agreement, except such items as may be
removed with the express written permission of the Director of Airport Authority, or Designee.
Upon expiration of the term specified in Section 1, if the Contractor has made full payment
under this Agreement and has fully complied with the terms of this Agreement, Contractor may
remove personal property from the County facilities and shall do so within fifteen (15) days
following the expiration of this Agreement, provided such personal property must be removed
without damage to the premises. On Contractor's failure to do so, the County may cause same
to be removed and stored at the cost and expense of the Contractor, and the County shall have
a continuing lien thereon in the amount of the cost and expense of such removal and storage
until paid, and County may sell such personal property and reimburse itself for such costs and
expense, plus all expenses of the sale.
20. COOPERATION. The Contractor agrees to cooperate with the County in the conduct of
surveys and to provide reports of visitor usage of all concession services, as requested by the
Director of Airport Authority or Designee. The County shall provide Contractor with advance
notice of any special event and shall coordinate with the Contractor regarding same. County
shall provide Contractor with notice of the availability of plans for any remodeling of the
facilities.
21. INSPECTION. The County reserves the right to conduct unscheduled inspections at any time
by an authorized representative of the Director of Airport Authority, or by any other agency
having responsibility for inspections of such operations. Contractor shall undertake
immediately the correction of any deficiency as cited by such inspectors; failure to comply shall
be considered a material breach of the Agreement.
22. WAIVER OF INTERFERENCE. The Contractor hereby waives all claims for compensation for
loss or damage sustained by reason of any interference with the concession operation by any
public agency or official in enforcing their duties or any laws or ordinances. Any such
interference shall not relieve the Contractor from any obligation hereunder.
23. WAIVER OF LOSS FROM HAZARD. The Contractor hereby expressly waives all rights, claims,
and demands and forever releases and discharges the County from all demands, claims, actions
and causes of action arising from this Agreement, except intentional torts.
24. NO LIENS. Contractor will not suffer or, through its actions or by anyone under its control or
supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the
event any lien is filed, Contractor shall cause such lien to be discharged within ten (10) days
after written notice to do so from the County.
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25. ORDERLY OPERATIONS, ETC. The Contractor shall have a neat and orderly operation at all
times and shall be solely responsible for necessary housekeeping services to properly maintain
the premises. There shall be no living quarters, nor shall anyone be permitted to live on the
premises.
26. EMPLOYEES; MANAGER. The Contractor shall employ people to work at this facility who are
neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal
grooming. Subject to the American with Disabilities Act, Contractor shall supply competent
employees, who are physically capable of performing their employment duties and the County
may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
property is not in the best interest of the County. All Contractor employees shall wear shirts and
shorts with the Contractor's logo or other identifying marking. The Contractor shall have an
experienced manager overseeing the concession operations at all times when open for
business. When the manager is absent, the operation shall be directed by an assistant manager,
experienced and trained in Concession operations and at least twenty-one (21) years of age.
There shall be an after-hours contact person available by telephone and the contact phone
number shall be provided to the Director of Airport Authority, or Designee.
Background checks must be conducted on all employees prior to performing services at the
concessions which is to be conducted by the County's Facilities Management staff at the
expense of the Contractor. The Contractor must have a drug and alcohol policy consistent with
County Policies (CMA 5312).
27. HOURS OF OPERATION. During the term of this Agreement concession will be adequately
staffed on days and times identified in Exhibit A of this Agreement and as approved by the Airport
Authority Director or designee. Days and hours will be posted and any changes from posted
hours will be communicated within seven (7) days of the change. The operation should continue
throughout the year including applicable holidays.
The Contractor may open additional days, subject to prior written approval of the Director of
Airport Authority or Designee. All hours and days of operation shall be conspicuously posted
and easily read by airport customers. Any changes from posted hours and days will be
communicated within seven (7) days of the change.
The Contractor shall be responsible to the Director of Airport Authority Division for the
satisfactory and courteous operation of the programs and concessions.
28. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the premises.
All facilities located on the premises shall be made available to the public, subject to the right of
the Contractor to establish and enforce rules and regulations to provide for the safety, orderly
operation and security of the facilities.
29. NO DANGEROUS MATERIALS. The Contractor shall not use or permit in the facilities the
storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances,
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or explosives of any kind, or any substance or articles prohibited in the standard policies of fire
insurance companies doing business in the State of Florida.
30. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the
Laws of the State of Florida.
31. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided.
Vehicles shall park only in areas designated by the County for vehicle parking. Any vehicles that
are to be used for concessions must have prior written approval of the Airport Authority Director
or Designee.
32. STORAGE. Contractor shall obtain approval for any storage of equipment in County facilities
from the appropriate permitting agencies. No overnight storage of any kind shall take place on
the premises unless approved in writing by the Director of Airport Authority or Designee and is
contingent upon approval of the appropriate permitting agency.
33. STORM WARNING. Upon declaration of a hurricane projecting an imminent strike, or the
implementation of evacuation procedures from Collier County, Contractor shall meet with the
Director of Airport Authority or Designee for the formulation of plans for the removal of all
perishable goods and to ensure the concession site has been properly secured for hurricane
approach. Contractor is required to secure all items owned and maintained by the Contractor.
34. CONTAINERS. The sale of items in glass containers is not permitted. The County has a recycle
program in place and the Contractor is required to comply with that program with respect to the
disposal of containers. Straws are prohibited.
35. SAFETY AND SECURITY. The Contractor must provide at its expense any security measures
to protect its area, equipment and materials. Such security measures may not violate any other
restriction(s) of this Agreement. The County will not assume any responsibility for Concession
Operations Areas security or alarms other than the security cameras at common areas and
routine law enforcement patrols by Collier County Park Ranger patrols. Smoke, fire or fume
activation within the Contractor's work area, and the reporting of those activations to the County
is the responsibility of the Contractor.
In the event of any emergencies, safety or security accident or incident to employees, visitors,
and/or property the Contractor must communicate to the Director of Airport Authority, or
Designee, immediately followed by a written incident report. The Contractor is to have a written
safety and security plan for the Concession Operations Areas. The Contractor will cooperate
with all jurisdictional law enforcement agencies and personnel.
36. SIGNAGE. The Contractor shall provide, at his sole expense, required signs at all public
approaches to the Concession. All signage, advertising and posting shall be as approved by
the Director of the Airport Authority Division or Designee. Signs that will be used for advertising
purposes shall be constructed and maintained to County standards as defined by the Code
Compliance Department. The use of the Collier County Logo is prohibited.
37. CONCESSION PRICES. All prices must be displayed and visible by the Concessionaire's
customers. All such prices and fees must be approved in writing by the Director of Airport
Authority or Designee. The Concessionaire may request in writing to sell additional products or
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provide additional related services at any time during the term of the Agreement. The County
reserves the right to accept, or reject, those additional products or services at its sole discretion.
The Concessionaire shall sell only those items approved in writing by the County.
38. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date of
termination. The Contractor shall not be entitled to any other or further recovery against the
County, including, but not limited to, any damages or any anticipated profit on portions of the
services not performed.
39. INSURANCE. The Contractor shall provide insurance as follows:
A. ■ Commercial General Liability: Coverage shall have minimum limits of$1,000,000.00
Per Occurrence, $2,000,000.00 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. ICI Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000.00
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. ■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a-minimum limitof$1,000,000.00 for each
accident.
per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the
Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-
contributory with respect to any other insurance maintained by, or available for the benefit of, the
Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall
be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under
the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior
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written notice, or in accordance with policy provisions. Contractor shall also notify County, in a
like manner, within twenty-four(24)hours after receipt, of any notices of expiration, cancellation,
non- renewal or material change in coverage or limits received by Contractor from its insurer,
and nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that the Contractor is required to meet.
40. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend,
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,
whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory
violations, or from personal injury, property damage, direct or consequential damages, or economic loss,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor
or anyone employed or utilized by the Contractor 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.
43.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
41. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by Collier County Airport Authority
42. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
43. APPLICABILITY. Only the sections corresponding to any checked box ( •) will apply to this
Agreement.
44. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificates, Exhibit A Scope of Services, Exhibit B Fee
Schedule, n Request for Proposal (RFP), B--Invitatton-to-Bi i—OTBJ including Exhibits,
Attachments and Addenda/Addendum and Othef:
45. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
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Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any Agreement held by the individual and/or firm for cause.
46. COMPLIANCE WITH LAWS. 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; taxation, workers' compensation, equalemployment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(a7colliercountyfl.gov
The Contractor 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 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
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Revenue Generating Agreement(revised 10.05.2023)
rjAt
1 6G 1
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 Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor 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.
47. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
48. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
49. 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 Contractor 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 Contractor 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.
50. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
51. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this
Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform
investigations as may be deemed necessary to ensure that competent persons will be utilized in the
performance of the Agreement. The Contractor shall assign as many people as necessary to complete
required services on a timely basis, and each person assigned shall be available for an amount of time
adequate to meet required services.
52. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
53. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County's consent, shall be void. If Contractor does, with approval,
assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to
Page 11 of 16
Revenue Generating Agreement(revised 10.05.2023)
16G
assume toward Contractor all of the obligations and responsibilities that Contractor has assumed
toward the County.
54. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier
County Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance
and can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts the name
of the contractor's business.
The Contractor shall immediately notify the Contract Administrator and the Collier County
Facilities Management Division via e- mail (DL-FMOPS(a�colliergov.net) whenever an
employee assigned to Collier County separates from their employment. This notification is
critical to ensure the continued security of Collier County facilities and systems. Failure to notify
within four (4) hours of separation may result in a deduction of$500 per incident.
Page 12 of 16
Revenue Generating Agreement (revised 10.05.2023)
16G 1
IN WITNESS, WHEREOF, the Contractor and the County, by an authorized person or agent, have
executed this Agreement on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, 0.1e4k of Courts &
Comptroller `7"•••.0,A%
By: A _L.s l By ' -
Dated: +�C mitt rrt ',% 4 - Burt L. Saunders. Chairman
Attest as to Chairmar4,044*
signature only ,. -,, "
Contractor's Witnesses: Contractor: Enterprise Leasing Company of
Florida, LLC
By: c:49 -6...- _____ -__)____
&dj.
Witness 1f Signatur
brLi.v C vtp1/{4'"'ri l/�'12l'-in Ile r OL'e e-t iz ) , 6*-' .- L Pi04441e - , VP
Print Name and Title Print Name and Title
y
cond Witness
Th €s W D,,e,vv-ke a /ccoval, Sap¢rv'iQr
Print Name and Title
•pr ved as term nd gality:
4 ...44,/(
l 'r'n ! County Attorney
Page 13 of 16 44
Revenue Generating Agreement(revised 10.05.202 )
16G 1
Exhibit A
SCOPE OF SERVICES
❑■ following this page (pages 1 through 4 )
Page 14 of 16
Revenue Generating Agreement(revised 10.05.2023)
CPO
16G 1
Exhibit A
Scope of Services
RFP #24-8283
DETAILED SCOPE OF WORK
SECTION 1 —INTRODUCTION
The Collier County Airport Authority hereby invites proposals from all qualified and interested parties for the
award of nonexclusive rental car concession agreement for one (1) rental car concession at Marco Island
Executive Airport, Immokalee Regional Airport, and Everglades Airpark under the terms and conditions herein
set forth in this Bid document.
The solicitation of proposals shall in no manner be construed as a commitment on the part of the Authority
to make an award.The Authority intends to award one(1)On-Airport Rental Car Concession. The awarded
firm shall commit to providing the specified services in accordance with the Authority's business terms and
operating standards. The Authority's objective is to achieve the highest possible standards in both physical
facilities and customer service. The Airport Authority reserves the right to award ancillary, on-demand
concession contracts at any time.
1.1 GENERAL INFORMATION
Statistical information contained in these documents is for information purposes only. The Authority
is not responsible for any inaccuracies or interpretations of said data and makes no representations
as to what future operations counts or revenues will be.This Request for Proposals and its forms and
attachments are a complete document that must be read in its entirety.
1.2 SPECIAL CONDITIONS
It is important to note that operating at the Marco Island Executive Airport may present challenges
that do not exist at typical commercial or retail business facilities. The airport is open for operations
24 hours per day, 365 days per year. The terminal is currently open for business from 7:00 a.m.
through 7:00 p.m. 365 days per year, though after-hours services are available upon request by
aircraft operators. These operating hours may be adjusted during the life of the agreement based
upon customer demand and volume.
SECTION 2—BUSINESS TERMS
2.1 CONCESSIONAIRE FEES, PAYMENTS AND COURTESY VEHICLES
A. Concessionaire Revenue Fee
Under the agreement, the Concessionaire will be responsible for paying the Authority a monthly
privilege concession fee of no less than 15% of chargeable gross revenue. The term "gross
revenue" or "gross receipts" means all income collected, accrued, or derived by the
Concessionaire under the privileges granted by this Agreement or other document entered into
with the Authority, excluding amounts of any Federal State or other tax collected by the
Concessionaire from customers and required by law to be remitted to the taxing authority. The
Concessionaire shall provide the Authority's Finance Department a Statement of Gross Receipts
monthly on or before the 15th of the following month.
B. Concessionaire Occupancy Fees
CPO
16G 1
The successful Concessionaire will be required to lease at a minimum the following facilities at
the stated initial monthly rental rates.
Facility:Concessionaire shall pay monthly rental rate of$476.67,plus applicable sales tax,for one
hundred and forty-three (143) square feet of customer service counter and office space at the
Marco Island Executive Airport
Parking: The Concessionaire shall pay a monthly rental fee for ready return space of$13.72 per
space for six(6) spaces at the Marco Island Executive Airport.Allocation of ready return spaces
will be at the discretion of the Authority,and additional spaces may be made available as required.
The customer service counter and office space and the parking space rates may be subject to annual
CPI adjustments or market rate analysis adjustments by the Authority.
C. Payment of Fees
The Concessionaire monthly fees shall be paid to the County by the fifteenth (15th) of the
following month for the life of the resultant agreement. For less than one month of service, a
prorated amount shall be calculated. To calculate the prorated amount determine the number
of days in the month serviced, divide the established monthly rate by the number of days for
that month to determine a daily rate, then multiply the daily rate times the number of days of
service.
The Florida State Sales Use Tax on rental payments is not included with the rental rates and
shall be added to the applicable monthly rental fee(s)and forwarded to the County as part of the
payment. The vendor shall also pay all sales, consumer, use and other taxes.
D. Default in Payment:
A late charge of ten percent (10%) of the total monthly amount owed to the County shall be
charged for every day late beginning on the twentieth (201h) day of the month.
E. Courtesy Vehicles:
The Concessionaire will be required to provide at a minimum the following vehicles, minivans,
SUVs, or full-size 4-door sedans, less than two years old, for use of the Authority and itinerant
pilots and passengers using each Airport. The Authority will provide parking spaces for the
courtesy vehicles and the courtesy vehicles shall be available for use free of charge. The users
can utilize the courtesy cars for a maximum of 2 hours, the user must be 25 years of age, and
possess a US driver's license. The minimal expectations for courtesy vehicles are described
below:
Marco Island Executive Airport:
• Three(3)vehicles from November 1 —April 30
• At least one vehicle shall be an intermediate SUV, Minivan, or
larger vehicle.
• Two (2)vehicles (intermediate SUV, Minivan or larger)from May 1 —October 31
Immokalee Regional Airport:
• One(1)vehicle(intermediate SUV, Minivan or larger)at the Immokalee Regional
year-round.
The Concessionaire will be responsible for insuring the courtesy vehicles for their intended use.
16G 1
SECTION 3-OPERATING STANDARDS
3.1 General Operating Standards
A. Authority staff shall be authorized to act as Concessionaire's agent for the purpose of
soliciting preliminary information necessary to prepare car rental contracts when
customer service is required outside of car rental concession operating hours.
B. Concessionaire may conduct transactions with non-airport customers at Marco Island
and Immokalee Airports under the same terms and fees as airport rentals. Airport
customers shall always have first priority in terms of customer service and vehicle
selection.
C. Concessionaire shall make every effort to provide the exact vehicle or upgrade
requested by the customer. It is the expectation of the Airport Authority that customers
with advance vehicle reservations will receive the type and quantity of vehicles reserved
for each rental. The Authority reserves the right to obtain rental vehicles from other
vendors if Concessionaire is unable to fulfill customers' rental car needs. Further,
customers maintain the right to make direct reservations with other rental car agencies
of their preference at any time, however these transactions will not be handled by
members of the Authority. Repeated failure of Concessionaire to meet customer rental
car needs may result in termination of agreement.
D. Concessionaire shall coordinate with and inform Authority in writing of each reservation
made for all airport and general customers.
3.2 Operating Standards at Marco Island Executive Airport
A. Six (6) paved, uncovered, ready-return spaces will be provided to the Concessionaire.
Washing/cleaning vehicles is allowed in those spaces. Allocation of ready return spaces
will be at the discretion of the Authority, and additional spaces may be made available
as required. The Concessionaire will provide, at a minimum, and in addition to the
courtesy vehicle(s), four(4) staged vehicles that are available for rent at all times from
November 1 —April 30; and two(2)staged vehicles that are available for rent at all times
from May 1 —October 31.
B. From November 1 through April 30, the Concessionaire will be required to keep rental
car facilities open for business daily with at least one employee at or near the customer
transaction counter or ready-return lot. Facilities must be open and staffed from 8:00am
to 5:00pm, Monday through Saturday, and a minimum of three (3) hours on Sunday.
These hours of operation are the minimum acceptable; Concessionaire is encouraged
to extend hours, on a temporary or permanent basis, in response to customer needs.
C. The Marco Island Executive Airport will be listed to the general public on the
Concessionaire's website as a rent/return location and have the ability to reserve
vehicles via this medium.
D. Concessionaire shall maintain sufficient staff levels to support the Authority's goal of
providing exceptionally high customer service at all times. Special events and holidays
may result in unusually heavy customer demand. Concessionaire is expected to
augment staff as required to support these needs.
E. Employees shall be neatly dressed in appropriate business attire.Courtesy,respect,and
tact in dealing with customers are required at all times. It is essential that their business
C?0
1 6G 1
transactions at Marco Island Executive Airport are completed professionally and
promptly. Each customer at Marco Island Executive Airport is treated as a VIP.
F. Concessionaire will provide an after-hours secure key drop-box on the exterior of the
building in a location coordinated with the Authority.
3.3 Operating Standards at Immokalee Regional Airport and Everglades Airpark
A. The Concessionaire shall provide car rental services on a limited, on demand basis in
conformance with the purposes and for the periods stated herein.
B. The Authority or Concessionaire shall not rent vehicles to the general public, or non-
airport customers, at the Everglades Airpark during the term of this contract.
CAO
16G 1
Exhibit B
Fee Schedule
n following this page (pages through )
Page 15 of 16
Revenue Generating Agreement(revised 10.05.2023)
rN°
1 6G 1
24-8283"Rental Car Concession Services for Collier County Airport Authority"
Exhibit B
Fee Schedule
The County is seeking a commission percentage of gross sales. Remittance to the County
shall be a percentage of the monthly gross receipts, as stated below:
Percentage 15%
Occupancy Fees—Per month
Facility—One Hundred and Forty-three $476.67, plus applicable sales tax
(143) sq.feet of counter and office space
Parking—Six(6) spaces at Marco Island $13.72 per space
Executive Airport
CAD
16G 1
Other Exhibit/Attachment
Description:
❑ following this page (pages through )
❑� this exhibit is not applicable
Page 16 of 16
Revenue Generating Agreement(revised 10.05.2023)
CAD
1 6G 1
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1,2024,pursuant to§78746(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.
Nongovernmental Entity's Name: Enterprise Leasing Company of Florida,LLC
Address: 1905 Boy Scout Dr
Phone Number: 239-936-4769
Authorized Representative's Name: Drew Carpenter
Authorized Representative's Title: Controller
Email Address: srew.carpenterrem.com .
AFFIDAVIT
1 I,Draw Carpenter (Name of Authorized Representative),as authorized representative attest
that enreeprlaa Leg Germanys/Fbdda LLC(Name of Nongovernmental Entity)does not use coercion for labor or
services as defined In§787.06,Florida Statutes.
Under penalty of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
( of a zed epresentative) Date
1
STATE OF 'rice%
COUNTY OF LE e
Sworn to(or affirmed)and subscribed before me,by means of El physical presence or l7�online notarization this
day oi<,4 200iy 1340 Cenl.e24 .l(Name of Affiant),who produced their
as Identification or are personally known to me.
c l;c)'LrxehF-i►.I ll4ri i I r .,. 80M aMIaNEZ FRANKLIN
NotaryPublic(not ' Pnblie
required when digital) • f': - ':. State of Florida
oct14
� Camm0101591159
' Expires 9/9/2028
Commission Expires
Personally KnownXOR Produced Identification Co
Type of Identification Produced:
CONTRACT R8IEWAr.OR EXTENSION REQUEST FORM V rston:2025.1
Ij