Agenda 07/12/2016 Item #16G2 7/12/2016 16.G.2.
EXECUTIVE SUMMARY
Recommendation to reject Invitation to Bid (ITB) No. 16-6592 — Airport Authority Rental Car
Concessionaire Services and approve Amendment #3 to Collier County Airport Authority
Concession Agreement for Car Rental Service with Enterprise Leasing Company of Florida, LLC.
OBJECTIVE: To extend the Collier County Airport Concession Agreement for Car Rental Services
with Enterprise Leasing Company of Florida, LLC., in order to continue to provide rental and/or courtesy
car services to customers at the Marco Island Executive Airport, Immokalee Regional Airport and
Everglades Airpark.
CONSIDERATIONS: On March 8, 2011 (Agenda Item 16G2), the Collier County Airport Authority
Board approved a Collier County Airport Authority (Authority) Concessionaire Agreement (Agreement)
with Enterprise Leasing Company of Florida, LLC., d/b/a Enterprise Rent-A-Car (Enterprise), for car
rental services at the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades
Airpark. Subsequent Amendments 1 and 2 were later executed, which modified and extended the master
agreement through June 28, 2016.
In accordance with Collier County Procurement Policy, the Procurement Services Division issued an
Invitation to Bid (ITB) on February 16, 2016 for rental car concession services at the Marco Island
Executive, Immokalee Regional, and Everglades Airports. Email notices were sent to 152 (one hundred
fifty two) firms with 10 (ten) firms downloading the solicitation. One (1) bid was received from
Enterprise Leasing Company of Florida, LLC., d/b/a Enterprise Rent-A-Car and National Car Rental by
the due date of May 16, 2016.
Airport and Procurement staff reviewed this bid and determined it to be non-responsive, as certain
minimum requirements, with particular regard to courtesy vehicles, were excluded from the Enterprise
bid response. Thus, staff recommends rejecting this bid.
Subsequent to reviewing the bid response, Airport and Procurement staff engaged in negotiations with
Enterprise to extend the existing Concessionaire Agreement, modifying certain terms to meet the business
needs of the Authority, as outlined in the ITB. These terms include minimum Concessionaire staffing
requirements at the Marco Island Executive Airport, and inclusion of courtesy vehicles, at an additional
cost, which may be waived if certain revenue and market share conditions are met. Paragraph 14 of the
original Agreement allows the Airport to audit the records of the Concessionaire, if necessary.
The Authority also maintains "off-airport" Concessionaire Agreements with The Hertz
Corporation and Avis Budget Group, Inc., for limited, on-demand car rental services, on a
month-to-month basis. Historically, these rental vehicle transactions have been coordinated by
members of the Authority. If this Amendment with Enterprise is approved, "off-airport" rental
car transactions shall no longer be coordinated through Authority staff but they will be allowed
to conduct independent transactions on Airport property.
In order for the Airport Authority to provide rental and courtesy vehicle services and support at
the County Airports with one primary vendor, staff recommends that the Board approve
Amendment #3 to the Agreement with Enterprise Leasing Company of Florida, LLC., d/b/a
Enterprise Rent-A-Car, amending the Agreement and providing for an extension of current
operations through June 28, 2017. The one year extension and amendment will allow staff to
continue to offer services while preparing a more comprehensive solicitation and consider other
options for"off airport" vendors.
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FISCAL IMPACT: The rent, concessionaire fees, and all applicable taxes associated with this agreement
will continue to be deposited in operating Fund(495), for the Marco Island Executive Airport Cost Center
(192370), Immokalee Regional Airport Cost Center (192330) or Everglades Airpark Cost Center
(192350) as appropriate. Courtesy vehicle fees shall be paid from the applicable airport cost center with
available funds, as needed.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: To approve the rejection of the sole bid for ITB No. 16-6592 — Airport
Authority Rental Car Concessionaire Services and approve and authorize the Chairman to execute
Amendment#3 to County Airport Concession Agreement for Car Rental Service with Enterprise Leasing
Company of Florida,LLC.
Prepared by: Justin Lobb,Airports Manager, Airport Authority
Attachments:
1) Amendment#3 to Concession Agreement for Car Rental Services with Enterprise Rent-A-Car
2) Agreement with Enterprise Rent-A-Car for Car Rental Services
3) Amendment#1 to Enterprise Rent-A-Car Agreement
4) Amendment#2 to Enterprise Rent-A-Car Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.2.
Item Summary: Recommendation to reject Invitation to Bid (ITB) No. 16-6592 -Airport
Authority Rental Car Concessionaire Services and approve Amendment#3 to Collier County
Airport Authority Concession Agreement for Car Rental Service with Enterprise Leasing
Company of Florida, LLC.
Meeting Date: 7/12/2016
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
5/27/2016 2:59:59 PM
Submitted by
Title: Manager-Airport,Airport Authority
Name: LobbJustin
5/27/2016 3:00:00 PM
Approved By
Name: LobbJustin
Title: Manager-Airport,Airport Authority
Date: 6/22/2016 1:01:53 PM
Name: BrilhartBrenda
Title: Procurement Specialist, Procurement Services
Date: 6/22/2016 1:06:17 PM
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 6/22/2016 2:42:54 PM
Name: KearnsAllison
Title: Interim Procurement Director
Date: 6/23/2016 1:43:27 PM
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Name: KearnsAllison
Title: Interim Procurement Director
Date: 6/23/2016 1:56:02 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 6/23/2016 3:09:39 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/30/2016 10:22:29 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 6/30/2016 10:58:11 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 7/1/2016 8:44:08 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 7/1/2016 9:29:15 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 7/1/2016 1:36:27 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 7/5/2016 4:50:36 PM
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EXHIBIT A-3,Contract Amendment#3,to Concession Agreement for
"Collier County Airport Authority Concession Agreement Car Rental Service"
This amendment, dated , 20_ to the referenced Agreement shall be by and between the
parties to the original Agreement, Enterprise Leasing Company of Florida, LLC, (to be referred to as
"Concessionaire")and Collier County Airport Authority, (to be referred to as"County").
Statement of Understanding
RE: Contract for"Collier County Airport Authority Concession Agreement Car Rental Service"
In order to continue the services provided for in the original Contract document referenced above, the
Concessionaire agrees to amend the Contract as provided herein.
Note: Language deleted has been stsk-threugh. New language has been underlined.
***
Chanpe # 1: Section 1 is hereby amended as follows:
1. ,SCOPF,. The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby
accepts from the CCAA, the non-exclusive right to operate the following described car rental
services at the Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 and
provide car rental services on a limited, on demand basis for the Immokalee Regional Airport
and Everglades Airpark in conformance with the purposes and for the periods stated herein
and subject to all terms and conditions hereinafter set forth.
A. Term. •- _ . -• _ _ _ • . ._ -- - . The term of the Agreement shall
be extended to June 28, 2017. 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 Concessionaire
written notice of the County's intention to extend the Agreement term prior to the end of the
Agreement term then in effect.
*
Change #2: Section 10 is amended as follows:
10. CONSIDERATION` The Concessionaire shall remit to the CCAA, as consideration
for this Agreement a concession fee equal to fifteen percent (15% of the gross receipts of
every customer rental agreement.
The percentage shall be based on total gross revenues cumulative year-to-date. Said payments
shall be tendered to the CCAA by the 15th of each month for the preceding month, and such
payments shall be accompanied by a statement of gross receipts for the preceding month. The
CCAA is to receive its revenue as net, free and clear of all costs and charges arising from, or
related to Concessionaire's obligations under this Agreement, and the percentage of total gross
revenues be paid monthly. The term "gross revenue" or "gross receipts" means all
_ • __ __ _:, .__ . _. _ . _ __ . _ _. __ the amount that the
Concessionaire receives as com-pensation for the car rental services under the privileges
granted by this Agreement or other document entered into with the CCAA, 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 CCAA Finance Department a Statement of Gross Receipts.
* *
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Change#3: Section 11 is amended as follows:
11. DEFAULT IN PAYMENT. A monthly report of gross receipts,the payments computed on that
amount, and any other taxes and fees due must be submitted to the CCAA to be received by the
fifteenth (15th) of each month. In the event the Concessionaire fails to pay this consideration
within five (5) days of such due date, there shall bea late charge of Fifty Dollars ($50.00) for
each such late payment. If the payment of consideration and accumulated penalties are not
received within thirty (30) days after the «o,„ al monthly duedtwritten notice is given to the
Concessionaire, then the CCAA may take possession of the Concessionaire's assets located
within the CCAA terminal counter space and may cancel this Agreement. A monthly report of
activies shall be submitted to the CCAA or their designee by the 15th of each month. This report
shall accompany the monthly statement of gross revenues and will be subject to audit. The
CCAA has no duty to notify the Concessionaire of its failure to remint any such payment or
report.
Change#4: Section 22 is replaced in its entirety with the following:
22. HOURS OF OPERATION AND STAFFING SUPPORT. From November 1 through April 30
annually, the concessionaire must keep rental car facilities at the Marco Island Executive Airport
open for business daily with at least one employee at or nearby the customer transaction counter
or ready-return lot. Facilities must be open and staffed from 8:00 am to 5:00 pm,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. These operating hours may be adjusted, in writing by the
parties, during the life of the agreement based upon customer demand and volume. Direct staffing
is not required at the Immokalee or Everglades Airports.
Authority staff shall be authorized to act as concessionaire's limited agent for the purpose of
soliciting preliminary information necessary to prepare, and execute car rental contracts, and
delivering possession of rental vehicles to Concessionaire's customers, when customer service is
required outside of car rental concession operating hours, in accordance with the rental
procedures outline in Exhibit C. Nothing contained herein shall be construed as giving rise to an
employee/employer relationship between the County or County staff and the Concessionaire.
Authority staff will provide this service exclusively to Concessionaire, and will not conduct rental
transactions on behalf on any off-airport operators.
Change#5: Section 31 is replaced in its entirety with the following:
31. VEHICLES. The Concessionaire shall provide courtesy and rental vehicles throughout the year.
Such vehicles shall be parked on the flight-line as designated by airport staff, or within the six (6)
vehicle parking spaces as those are depicted in Exhibit B, "Parking Space Designations", attached
hereto. The minimum acceptable vehicle standards are as follows:
A. Courtesy/Crew Vehicles:
I. One (1) compact courtesy/crew vehicle without charge from November 1 — April 30,
annually
II. Additional courtesy/crew vehicles shall be made available at a cost to the Airport
Authority,as outlined below:
Car Class Make/Model Monthly cost
Economy/Compact Kia Rio Nissan Note Hyundai Accent,or similar $300.00
Minivan Chrysler Town and Country,or similar $550.00
SUV Ford Explorer or similar $550.00
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Such payments shall be remitted directly from the Authority to the Concessionaire, unless
the following conditions are met:
Should the Concessionaire receive at least$3,000.00 in gross revenue AND sixty percent
(60%) or higher of combined car rental revenue (Concessionaire plus off-airport operator
gross revenues) across the CCAA, then three hundred dollars ($300.00) shall be
subtracted from the total monthly cost incurred that month for any additional courtesy
vehicles. Should the Concessionaire receive at least $8,500 in revenue AND eighty
percent(80%) or higher of combined car rental revenue (Concessionaire plus off-airport
operator gross revenues) across the CCAA in any given month, then eight hundred and
fifty($850.00) shall be subtracted from the total monthly cost incurred that month for any
additional courtesy vehicles. Such market share reports shall be provided by the Parties
on a monthly basis and in accordance with Section 14: Records,Audit.
B. Ready Vehicles at Marco Island Executive Airport
I. Concessionaire shall provide two(2)vehicles available for rent at all times from May 1 —
October 31, annually. Concessionaire shall provide four(4) vehicles available for rent at
all times from November 1 —April 30, annually. Concessionaire is encouraged to provide
additional vehicles during"peak periods" in response to customer needs.
Chance#6: Section is added as follows:
39. AUTHORITY STANDARDS OF OPERATION. Concessionaire shall be permitted to conduct
rental-vehicle transactions as Enterprise Rent-A-Car and National Car Rental. Concessionaire
may conduct rental-vehicle transactions with non-airport customers at Marco Island Executive
Airport under the same terms and fees as airport rentals. Airport Customers shall always have
first priority in terms of customer service and vehicle selection. 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. Authority reserves the right to obtain rental vehicles
from other vendors if concessionaire is unable to fulfill customers' rental car needs.
Concessionaire will ensure that vehicles are washed, vacuumed and fully fueled before delivery
to the Airport. Vehicles shall be maintained at Concessionaire's sole expense, in good operating
condition, free from mechanical defects, and in clean, neat and attractive condition. Failure of
concessionaire to meet customer rental car needs on a consistent basis may result in termination
of agreement.
Chance#7 Section is added as follows:
40. OFF-AIRPORT OPERATORS. Airport Customers may make direct reservations with "off-
airport"rental car agencies of their preference at any time, however these transactions will not be
coordinated by members of the Authority. Further, CCAA will make best effots to ensure that
off-airport operators abide by the following proecedures:
A. Off-airport operators will provide direct transportation for their customers to and from their
off-site facilities for vehicle rental. No on-site rentals at the Marco Island Executive Airport
Terminal or Parking Lots will be allowed. Authority staff may assist in directing airport
customers to designated pick up/drop off points, but shall not act as agent nor prepare or
complete car rental contracts on behalf of off-airport operators.
B. Rental Car Vehicles from off-airport operators will not be allowed on the Airport premises.
C. Off-airport operators will be required to have an executed Off-Airport Rental Car
Concession Agreement and pay appropriate concession fees and payments to service airport
customers.
OBJ
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Chance#8 Section is added as follows:
41. ON-AIRPORT OPERATORS. No additional on-airport concessionaire will be added during
the term of this Agreement with the exception of off-airport operators.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Concessionaire and the County have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date stated below.
Concessionaire's First Witness: CONCESSIONAIRE:
Enterprise Leasing Company of Florida, LLC
By:
By:
Print Name Robert Wilson,Vice President/General
Manager
Concessionaire's Second Witness:
By:
Print Name
ATTEST:
DWIGHT E. BROCK, CLERK COLLIER COUNTY AIRPORT AUTHORITY
By: By:
DEPUTY CLERK DONNA FIALA, CHAIRMAN
Approved as to form and legality:
-Co
Jennifer A. Belpedio 032
Assistant County Attorney
WN.
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EXHIBIT C
RENTAL PROCEDURES AND INSTRUCTIONS
In connection with each rental transaction required outside of Concessionaire's posted "Hours of
Operation", Authority staff shall:
1) inspect the customer's driver's license and refuse to rent a vehicle to any customer who does not
possess and produce a facially valid,unexpired driver's license;
2) determine the age of the customer by reference to his or her driver's license or other reasonable
proof of age and refuse to rent a vehicle to any person who is unable to demonstrate that he or she
is at least 21 years of age(at least 18 years of age in New York and Michigan);
3) have the customer produce a valid and unexpired major credit card, and refuse to rent a vehicle to
any person who cannot produce such a card;
4) compare the information and signature by the customer on the Rental Contract with the
information and signature on the customer's credit card and driver's license and refuse to rent a
vehicle in any case where such information or signatures are inconsistent; and
5) refuse to rent a vehicle to any person who is or appears to be under the influence of alcohol or
drugs or is or appears to be otherwise incapable of operating a motor vehicle safely;
6) not(i)modify the name of the Renter or any additional authorized driver(s) or the rental rates or
other terms and conditions as set forth in the Rental Contract, (ii) directly offer any Renter an
Enterprise optional product or Enterprise insurance product, but instead refer the Renter to
Enterprise for assistance with such matters, unless otherwise permitted by law and authorized by
Enterprise to offer such products, (iii) modify the vehicle or any equipment or accessories
thereon, or install, remove or replace any such equipment or accessories (including tires) and/or
(iv)make any representation regarding the rental and/or Enterprise.
7) cause each customer to fully complete and sign(and initial where applicable)the Rental Contract;
8) inspect the vehicle with each customer at the time of rental and note the date and time of the
rental, fuel level and any damage to a vehicle in the applicable box on the face of the rental
agreement. Further, note the time of return and fuel level of the rental vehicle and charge the
Renter for fuel consumed (and not replaced)and all other fees and charges in accordance with the
terms of the Rental Contract;
9) inspect each vehicle at the termination of each rental period, note any vehicle damage and
10) obtain Renter's acknowledgement of same and his/her responsibility therefore, and deliver to
Enterprise notification of any damage to the vehicle occurring during the rental period.
Concessionaire shall be responsible for payment for any undocumented damage that is not
payable by a Renter;
11) take commercially reasonable steps to safeguard personal information provided by Renters (and
notify Enterprise immediately of its discovery of any security breach affecting any such personal
information), and provide to Enterprise on a timely basis, and without retaining copies, all such
Renter personal information, the completed Rental Contract, and full payment made by the
customer (if such payment is not processed on an Enterprise credit card terminal or is to be
processed by Enterprise following the rental, in which case Concessionaire shall provide to
Enterprise all information required for the processing of the payment).
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0
V
COLLIER COUNTY AIRPORT AUTHORITY
CONCESSION AGREEMENT
CAR RENTAL SERVICE
THIS CONNCESSIONAIRE AGREEMENT made effective this ,'Q1hday of fl'lc.c c_ n
2011, between the Collier County Airport Authority Board (hereinafter called the "CCAA") and
Enterprise Leasing Company of Florida, LLC d/b/a Enterprise Rent-A-Car, 1905 Boy Scout Drive,
Fort Myers, Florida 33907 (hereinafter called "Concessionaire").
1. SCOPE. The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the CCAA, the non-exclusive right to operate the following described car rental services at
the Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 and to provide car
rental services on a limited, on demand basis for the Immokalee Regional Airport and Everglades
Airpark in conformance with the purposes and for the periods stated herein and subject to all
terms and conditions hereinafter set forth.
A. Term. The term of the Agreement shall be sixty(60) months.
13. Facilities. The CCAA shall lease to the Concessionaire the following counter space and six.
(6) motor vehicle parking spaces:
Sixty two and one half(62.5) square feet of a one hundred twenty five (125) square foot
counter space in the Marco Island Executive Airport Terminal Building, as specified in
Exhibit A, "Counter C" Space.
Six (6) parking spaces reserved for parking (6) passenger sized motor vehicles as such
spaces are depicted on Exhibit B, "Parking Space Designations", attached hereto at the
Marco Island Executive Airport. These six (6) parking spaces are for only passenger motor
vehicles to be rented by Concessionaire to its customers pursuant to this Agreement.
C. Uses. The Concessionaire is authorized to conduct the following types of business and to
provide the following services, and only such business and services, at the location as set
forth below:
To provide car rental services at the Marco Island Executive Airport, Immokalee
Regional Airport and Everglades Airpark.
2. NOTICES. All notices from the CCAA to the Concessionaire shall he deemed duly served
if mailed or faxed to the Concessionaire at the following address:
Enterprise Leasing Company d/b/a Enterprise Rent-A-Car
1905 Boy Scout Drive
Fort Myers, FL 33907
Attention: Robert Wilson,Vice President/General Manager
FAX: 888-312-5998
Enterprise Concessionaire Agreement-2011 Page 1 01-9
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410004,4,
R (7.
All notices from the Concessionaire to the CCAA shall be deemed served if mailed or faxed
to the CCAA at the following address:
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
Attention: Executive Director
FAX: 239-394-3515
3. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed
as creating a partnership between the CCAA and the Car Rental Service provider.
Concessionaire is not an agent of the CCAA.
4. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof,
without prior written approval of the CCAA. Any attempt to assign without such approval
shall be void. Concessionaire agrees that without the prior written consent of the CCAA, no
shareholder shall sell, assign, transfer or convey his/her stock (except by operation of law),
nor shall the corporation issue any additional shares of stock, if any such transfer or issuance
will effectively change the ownership of the corporation. However, the shareholders have
the right to convey between themselves and their spouses and children without the CCAA's
con sent.
5. MAINTENANCE AND REPAIRS. Within the confines of the Concessionaire's counter
space area, the Concessionaire shall, to the satisfaction of the CCAA or his%her authorized
representative, provide normal and routine daily maintenance of the facilities, designed to
keep the premises free from hazardous conditions, thus providing for the comfort and safety
of visitors and patrons.
6. TRASH, RUBBISH AND GARBAGE. The CCAA will provide all garbage, trash and
rubbish receptacles within the confines of Concessionaire's counter space area, and within
the confines of and/or reasonably adjacent to the Concessionaire's reserved six (6) motor
vehicle parking spaces. The Concessionaire shall be responsible for the pickup and removal
of all rubbish, trash and garbage from the car rental area to the trash receptacles.
7. UTILITIES. "Hie CC:AA shall pay for charges of utilities to the designated premises
including, charges for water, sewer, and electricity during the term of this Agreement. Any
utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire (i.e.
Telephone).
8. SECURITY. The Concessionaire 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.
9. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits
and licenses necessary for the conducting of business and shall comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Concessionaire. The Concessionaire shall also be solely responsible for payment of any and
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S icy
all taxes levied on the concession operation or any other taxable activity on the premises. In
addition, the Concessionaire shall comply with all existing and future applicable rules,
regulations and laws of CCAA,the State of Florida, or the U.S. Government.
10. CONSIDERATION. The Concessionaire shall remit to the CCAA, as consideration for this
Agreement a concession fee equal to fifteen percent (15%) of the gross receipts of every
customer rental agreement.
The percentage shall be based on total gross revenues cumulative year-to-date. Said payments
shall be tendered to the CCAA by the 15th of each month for the preceding month, and such
payments shall be accompanied by a statement of gross receipts for the preceding month. The
CCAA is to receive its revenue payment as net, free and clear of all costs and charges arising
from, or related to Concessionaire's obligations under this Agreement, and the percentage of total
gross revenues be paid monthly. 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 CCAA, 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 CCAA Finance
Department a Statement of Gross Receipts.
Facility Lease Fees — Concessionaire shall lease the counter space at $18.00 per square foot of
counter space per Agreement year, for a total of$1,125.00 per year plus applicable Florida Sales
Tax. This fee shall increase three percent (3%), compounded, at the start of each subsequent
Agreement year.
Vehicle Parking, Spaces — Concessionaire shall lease the vehicle parking spaces at $10.00 per
space per month, for a total of$60.00 per month plus applicable Florida Sales Tax. This fee shall
increase three percent(3%), compounded, at the start of each subsequent Agreement year.
11. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that
amount, and any other taxes and fees due must be submitted to the CCAA to be received by the
fifteenth (15th) of each month. In the event the Concessionaire fails to pay this consideration
within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for
each such late payment. If the payment of consideration and accumulated penalties are not
received within thirty (30) days after the normal monthly due date, then the CCAA may take
possession of the Concessionaire's assets located within the CCAA terminal counter space and
may cancel this Agreement. A monthly report of activities shall be submitted to the CCAA or
their designee by the 15th of each month. This report shall accompany the monthly statement of
gross revenues and will be subject to audit. The CCAA has no duty to notify the Concessionaire
of its failure to remit any such payment or report.
12. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to unforeseeable
causes beyond the control of Concessionaire, and not due to its own fault or neglect, including
but not restricted to its contractors, acts of nature or of public enemy, acts of governmentor of
the CCAA, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, the CCAA will
allow pro rata adjustment of monthly payments up to the time such damage is repaired.
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13. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Marco Island Airport Concession any office equipment within the CCAA terminal
counter space area, this statement does not apply to the rental vehicles, brought thereon or any
replacements thereto by the Concessionaire for the purpose of this Agreement, except such items
as may be removed with the express written permission of the Executive Director. Upon
expiration of the term specified in Section I.A. of this Agreement, if the Concessionaire has made
full payment under this Agreement, and has fully complied with the terms of this Agreement, he
may remove his personal property including equipment from the Marco Island Airport
Concession and shall do so within fifteen (15) days following the expiration of this Agreement,
provided such personal property and equipment be removed without damage to the premises. On
Concessionaire's failure to do so,the CCAA may cause same to be removed and stored at the cost
and expense of the Concessionaire, and the CCAA shall have a continuing lien thereon in the
amount of the cost and expense of such removal and storage until paid, and CCAA may sell such
personal property and reimburse itself for such costs and expense,plus all expenses of the sale.
14. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now exist and
may hereafter be prescribed by the CCAA in the future to provide evidence that all terms of this
Agreement have been and are being observed. The Concessionaire grants to the CCAA. the right
and authority to audit all records, documents, and books pertaining to the concession operation.
Such audit will be conducted at locations and at a frequency determined by the CCAA and
communicated to the Concessionaire. The Concessionaire agrees to provide materials for the
audit at the place designated by the CCAA within three (3) business days after the CCAA's notice
to do so is received by Concessionaire, all at no cost to the CCAA.
Concessionaire shall use electronic point-of-sale cash control equipment for the proper control of
cash payments. Cash register tapes must be maintained and made available to the CCAA upon
demand during the entire term of Agreement. All electronic cash control equipment and
accounting procedures shall be with the approval of the CCAA Finance Department.
15. COOPERATION. The Concessionaire agrees to cooperate with the CCAA in the conduct of
surveys and to provide reports of visitor usage of all concession services. The CCAA shall
provide Concessionaire with advance notice of any special event and shall coordinate with the
Concessionaire regarding same. CCAA shall provide Concessionaire with notice of the
availability of plans for any remodeling of the facilities.
16. INSPECTION. The Concessionaire's six (6) vehicle parking spaces and Concessionaire's
counter space area may be inspected at any time by authorized representatives of the CCAA or
designee, or by any other agency having responsibility for inspections of such operations.
Concessionaire shall undertake immediately the correction of any deficiency cited by such
inspectors.
17. WAIVER OF INTERFERENCE. The Concessionaire 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 Concessionaire from any obligation hereunder.
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18. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
dohts, claims, and demands and forever releases and dis the CCAA from all demands,
claims, actions and causes of action arising from this /\Qreerncn1, except intentional torts
committed by Collier County employee(s) and/or by Collier County officer(s). Such employees
and/or officers include employees and/or officers of the CCAA.
19. NO LIENS. Concessionaire 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, Concessionaire shall cause such lien to be discharged within ten (10) days
after written notice to do so from the CCAA.
20. ORDERLY OPERATK)NS. ETC. The Concessionaire 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 he no living quarters, nor shall anyone be permitted to live on
the premises.
21. EMPLOYEES; MANAGER. The Concessionaire 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, Concessionaire shall supply
competent employees, who are physically capable of performing their employment duties and the
CCAA may require the Concessionaire to remove an employee it deems careless, incompetent. ,
insubordinate or otherwise objectionable and whose continued employment on CCAA property is
not in the best interest of the CCAA. All Concessionaire employees shall wear shirts with the
Concessionaire's lotto or other identifying marking. The Concessionaire shall have an
experienced manager overseeing the concession operations at all times when open for business.
22. HOURS OF OPERATION. The concession shall be open and properly staffed six (6) days per
veek. The hours of operation shall he from 8:00 a.m. to 5:00 p.m., Monday through Friday and
9:00 a.m. to 12:00 p.m. Saturday, including holidays. The Concessionaire may open at an earlier
time and close at a later time subject to prior written approval of the Executive Director or his
designee. All hours of operation shall be conspicuously posted and easily read by airport visitors.
Concessionaire hereby authorizes employees of the CCAA who have received training to do so,
to rent Concessionaire's vehicles and accept returns of Concessionaire's vehicles at all hours
other then Concessionaire's hours of operation.
Concessionaire shall, at -peak periods" of operations. holidays etc. as determined and mutually
agreed upon by Concessionaire and Airport Manager or designee. provide trained, competent
staff to execute rental car agreements and perform all other necessary duties required to deliver
and or receive rental cars to/from customers in a timely and efficient manner.
23. USE OF THE FACILITIES IS PRIMARY. Marco Island Airport is for the use of the public
and the right to such use shall not be infringed upon by any activity of the Concessionaire.
However, this does not preclude the Concessionairefrom scheduling promotional events, which
might temporarily limit access to the event site, subject to the prior written approval for each
event, on a case-hycase basis, by the CCAA or their designee.
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24. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use
in any manner whatsoever, the concession facilities for any improper, immoral or offensive
purpose, nor for any purpose in violation of any federal, state, or CCAA law, ordinance, rule,
order or regulation, or of any applicable governmental rule or regulation now in effect or
hereafter enacted or adopted.
In the event of any violation of this Agreement by the Concessionaire, or if the CCAA or its
authorized representative shall deem any conduct on the part of the Concessionaire to be
objectionable or improper, as noted on the Concession Inspection Report, the CCAA shall have
the right to suspend the operation of the concession should the Concessionaire fail to promptly
correct any such violation, conduct, or practice to the satisfaction of the CCAA. The
Concessionaire shall not commence operation during such suspension until the violation has been
corrected to the reasonable satisfaction of the CCAA.
25. PRICES. The Concessionaire agrees that prices and fees charged for car rental services will he
competitive with those charged for similar car rental services in the general vicinity. All prices
must be displayed and visible by the Concessionaire's customers. All such prices and fees must
be approved in writing by the CCAA or designee.
26. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities
the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar
substances, 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.
27. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms
and conditions hereof and such default is not cured within fifteen (1 5)days after written notice is
given to the Concessionaire, the CCAA may cancel this Agreement and revoke the privilege of
the Concessionaire to come upon the CCAA's property for purposes for which the concession
was granted and may oust and remove all parties who may be present, or may occupy any part of
the premises for the purpose of exercising any rights so revoked.
28. NO DISCRIMINATION. There shall be no discrimination as to race, cxender, 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 Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly
operation and security of the facilities.
29. TERMINATION. The Agreement may be terminated by the CCAA immediately due to any
material breach of this Agreement, including, but not limited to, failure of the Concessionaire to
maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to
each customer for every transaction. The CCAA shall be sole judge of non-performance. Further
the CCAA may terminate this Agreement for its convenience by giving the Concessionaire not
less than a sixty (60) day written notice of such intent. During the notification period, both
parties agree to meet its respective contractual obligations in good faith.
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t1 17'1
30. CCAA CONTROLS OF THE MARCO ISLAND AIRPORT. Nothing in this Agreement
will preclude the CCAA from using the public areas of the Marco Island Airport for public
and/or civic purposes. In the event of occurrences previously mentioned, the Concessionaire will
be notified, as deemed necessary by the CCAA or their designee.
31. VEHICLES: The six (6) motor vehicles to be leased by Concessionaire (to its customers) shall
be parked only in the six (6) vehicle parking spaces as those spaces are depicted in Exhibit B,
"Parking Space Designations", attached hereto.
32. STORAGE. Concessionaire must obtain advance written approval from the Airport Manager
before storing any equipment and/or any material(s) at the Marco Island Airport. Such written
approval shall specify the authorized types of materials and/or equipment and the authorized
places for storage. A reasonable amount of equipment and/or materials normally stored by
Concessionaire at its airport counter space is authorized by this Agreement without such
additional advance written approval.
33. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the
Law of the State of Florida.
34. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public
approaches to the facility. All signage, advertising and posting shall be as approved be the
Executive Director or authorized designee.
35. INDEMNIFICATION. Each party shall be liable for its own actions and negligence. To the
extent permitted by law, Enterprise shall indemnify, defend and hold harmless CCAA against any
actions, claims or damages arising out of Enterprise's negligence in connection with this
Agreement, and CCAA shall indemnify, defend and hold harmless Enterprise against any actions,
claims or damages arising out of CCAA's negligence in connection with this Agreement. The
foregoing indemnification by CCAA shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Florida Statutes, Section 768.28.
36. INSURANCE. Before commencing work of any kind (1) the Concessionaire shall procure the
following insurance with insurance companies licensed in the State of Florida, and (2) shall file
evidence of such insurance with Collier County's Risk Manager.
A. Commercial General Liability: Coverage shall have minimum limits of S1,000.000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products
and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with all their applicable state and federal laws.
C. Automobile Liability: Owned/Non-owned/Hired Automobile Included limits of
$1,000,000 Each Occurrence.
Enterprise Concessionaire Agreement-2011 Page 7 of 9
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Special Requirements: Throughout the entire term of this Agreement, the CCAA and Collier
County shall be Additional Insured under Concessionaire's Comprehensive General Liability
Policy as well as Concessionaire's Automobile Liability Policy. The Certificate Holder shall be
"l'he Collier County Airport Authority for the benefit of the Collier County Airport Authority
and of Collier County.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the
CCAA at least 30 days prior to any expiration date. There shall be a 30 day notification to the
CCAA in the event of cancellation or modification of any required insurance coverage.
Concessionaire shall insure that each of its laborers, contractors, subcontractors, sub—
subcontractors, etc., at every tier, and its materialmen and/or its suppliers, if any, who come onto
the Marco Island Airport to perform work on behalf of(or at the invitation of) Concessionaire for
more than twenty-four (24) total hours in any thirty (30) day period shall comply with the same
insurance requirements that Concessionaire is required to have pursuant to this Agreement. Each
of the same shall promptly (within 24 hours of the request) deliver to the Executive Director
certificates of insurance that prove all such insurance coverage if requested to do so by either
such individual. It is anticipated given the nature of Concessions authorized use of the Marco
Island Airport, that absent unusual and unforeseen circumstances, such an event is very unlikely
to occur at the Marco Island Airport during the term of this Agreement.
37. CONTRACT ADMINISTRATION This Agreement shall be administered by the CCAA.
38. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Exhibit A, "Counter C" Space; Exhibit B, "Parking Space Designations", Insurance
Certificate(s); Concessionaire's Proposal and RFP No. 06-3903. In the event that any
Terms and Conditions of the Request for Proposal are perceived or found to be in conflict
with this Agreement, the Agreement shall take precedence.
IN WITNESS WHEREOF, the Concessionaire and the CCAA, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
Coned.Eo ai :- ntcrpr': Leasing Company of Florida,LLC " -'O WITN-ES-S-f S REQUIRED)
Cay First witn
(Signature of Officer) g :f,, /54,
Title: OF/64 7W Olt(4,-3.44T
(Print Name of First Witness)
Date: Zi 70
!1
Second Witness:
(Print Name of Second Witness)
Enterprise Concessionaire Agreement-2011 Page 8 of 9
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,okoo*,
vi t
Licensor: COLLIER COUNTY AIRPORT AUTHORITY
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY
DWIGHT E. BROCK; CLERK OF COLLIER COUNTY, FLORIDA
By: t,4'1 .k. *AO <::)C . By:
FRED W. COYLE, CI-TAIRMST,
•iiinit
-...-.
Appr• '. isrA ormiind legal sufficiency:
--',41114116,
Jeffrey .vi. . at 'ow
County •tt ey
Enterprise Concessionaire Agreement-2011 Page 9 of 9
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Aircraft Apron
Marco Island Executive Airport
Terminal Building
Counter A Counter B
(NOT DRAWN TO SCALE)
Administrative
Offices
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Flight Planning
Counter C
125 sf
' Pilot's Lounge Restroom
Restroom
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4.3k 62.5 sf
Front Door Front Door
Aircraft Apron
Parking Lot j
Enterprise Agreement
Exibit A-Counter C Space
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N
MARCO ISLAND EXECUTIVE AIRPORT
Airport Terminal
N
Aircraft Parking Apron
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Vehicle Parking Lot Spaces Assigned to Enterprise
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Exhibit B
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EXHIBIT A-1,Contract Amendment#1, to Concession Agreement for
"Collier County Airport Authority Concession Concession Agreement Car Rental Service"
This amendment, dated .J u ( 28 , 20/j to the referenced Agreement shall be by and between the
parties to the original Agreement Enterprise Leasing Company of Florida, LLC, (to be referred to as
"Concessionaire") and Collier County Board of County Commissioners, (to be referred to as
"County").
Statement of Understanding
RE: Contract for"Collier County Airport Authority Concession Agreement Car Rental Service"
In order to continue the services provided for in the original Contract document referenced above, the
Concessionaire agrees to amend the Contract as provided herein.
Note: Language deleted has been struck through. New language has been underlined.
Chancre# 1: Section 22 is hereby replaced in its entirety as follows:
22. Hours of Operation and Staffing Support. The Concessionaire shall provide sufficient staffing
levels of no less than one person to support rental car operations at the Marco Island Executive
Airport from November 1 through April 30, during 8:00 AM to 5:00 PM, 7 days per week,
including holidays. All hours of operation shall be conspicuously posted to reflect the hours of
operation schedule described herein. Concessionaire hereby authorizes employees of Collier
County Airport Authority. after receiving adequate training by Concessionaire, to rent
Concessionaire's vehicles and accept returns of Concessionaire's vehicles to Airport customers,
as needed, during such hours where Concessionaire is not required to provide on-site personnel
staffing. Additionally. direct personnel staffing is not required to be supplied by the
Concessionaire for the Immokalee Regional Airport.
Change#2: Section 31 is hereby replaced in its entirety as follows:
31. Vehicles. The Concessionaire shall provide courtesy and rental vehicles throughout the year, as
designated by the following individual airport assignments:
A)Marco Island Airport:
One(1)courtesy/crew vehicle from May 1 —October 31
Two(2)courtesy/crew vehicles from November 1 —April 30
Two(2)vehicles available for rent at all times from May 1 —October 31
Four(4j vehicles available for rent at all times from November 1 —April 30
B)Immokalee Regional Airport:
One(1)courtesy/crew vehicle November 1 —April 30
One(1)vehicle available for rent at all times throughout the year
[***]
All other terms and conditions of the agreement shall remain in force.
Page 1 of 2
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IN WITNESS WHEREOF, the Concessionaire and the County have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date(s) indicated below.
Accepted: J t�(,ci 2-3 ,2015
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
t a4 . 'By ac ..� L
__
l anecJoMarkiewicz,
Procuremen lit `
Concessionaire's First Witness: CONCESS ON• a>r`--.'
By: 5,41\it,te
liEntergy is t Compa o lorida,LLC
i r'c t, I1 By. Of
Print Name /! ():'SD Uwe. PrescteAt f
Print Name and Title •/
Concessionaire' Second Wit ess:
B �
...i,, ay.,,__,\ --
Print Name
Approved as to Form and
�Legality:
cez,,,,A-rhi
,„7 ,,. .._
ssistant County Attorney
Page 2 of 2
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EXHIBIT A-2, Contract Amendment #2, to Concession Agreement for
"Collier County Airport Authority Concession Agreement Car Rental Service"
This amendment, datedYioree've 1, 20*, to the referenced Agreement shall be by and between the
parties to the original Agreement, Enterprise Leasing Company of Florida, LLC, (to be referred to as
"Concessionaire") and Collier County Board of County Commissioners, (to be referred to as
"County"),
Statement of Understanding
RE: Contract for"Collier County Airport Authority Concession Agreement Car Rental Setwice"
In order to continue the services provided for in the original Contract document referenced above, the
Concessionaire agrees to amend the Contract as provided herein.
Note: Language deleted has been stfueli4h.re4agh. New language has been underlined.
*.*
Change# I: Section 1. A. is hereby replaced in its entirety as follows:
A. Term. The term of the Agreement shall be sixty three(63) months,ending June 28, 2016.
Change# 2: Section 22 is herby replaced in its entirety as follows:
22. Hours of Operation and Staffing Support. Concessionaire hereby authorizes employees of
Collier County Airport Authority, after receiving adequate training by Concessionaire. to rent
Concessionaire's vehicles and accept returns of Concessionaire's vehicles to Airport customers.
as needed. Direct personnel staffing is not required to be supplied by the Concessionaire.
Change #3: Section is herby replaced in its entirety as follows:
31. Vehicles and Loyalty Program. The Concessionaire shall provide courtesy and rental vehicles
throughout the Year, as designated by the following individual airport assignments:
A) Marco Island Airport:
One (1)courtesy/crew vehicle through June 28,2016
Two(2) vehicles available for rent at all times from May I —October 31
Four(4) vehicles available for rent at all times from November 1 —April 30
B) Immokalee Regional Airport:
One (1) vehicle available for rent at all times throughout the year
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Concessionaire and the County have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date(s)indicated below.
Crj
'10/
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Concessionaire's First Wit ess: CONCESSIO.... ' E:
Enter! -.41- e. in "- i: y of Florida, LLC
i,enert k By: / I '" -------------------
Print Name
4_6:57yriti,16,/, ,(, ,,,,,,o,,aRtatiAL f i'1,444Z-k"
Print Name and Title
Concession4re's Second Witness:
By:
7.--„
_...„-
Pri Name ] '
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA,
By.. W .." /.,
: - By:
es pWcna an eputy Clerk Donna Fiala, Chairman
signature,*
Approved as to form and legality:
(
,- ri 0 A
_
-,
ileen M. Greene -1
Assistant County Attorney
EXHIBIT A-2,Contract Amendment#2, to Concession Agreement for
"Collier County Airport Authority Concession Agreement Car Rental Service"
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