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Backup Documents 07/12/2016 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURt4 60 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. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office C7t/' -1 %4Z We, 4. BCC Office Board of County ' F.‘1> -)\ Commissioners NASA/ -A`2 \C= 5. Minutes and Records Clerk of Court's Office 1—e '311741(2 3:35-g PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Debbie Brueggeman,Admin,Airport Phone Number \ 642-7878 Ext.3 Contact/ Department Authority Agenda Date Item was July 12,2016 Agenda Item Number Approved by the BCC ' a Type of Document Amendment#3 to Enterprise Concession Number of Original 2 Attached _ Agreement for Car Rental Service Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S. O a ) 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N`C \ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed A) by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ' 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 1 w document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. .) 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is 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 7/12/16 and all changes made during the meeting have been incorporated in the attached document. The County ,IN� Attorney's Office has reviewed the changes,if applicable. ��,,. 9. Initials of attorney verifying that the attached document is the version approved by the 100 BCC,all changes directed by the BCC have been made,and the document is ready for the :,, i aka ra¢� Chairman's signature. — • ' i I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Re . -' A . , 'evised 11/30/12 . fri\ 1 60 2 MEMORANDUM Date: July 13, 2016 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract Amendment #3 with Enterprise Leasing Company of Florida, LLC Attached for your records, is one (1) copy of each document referenced above, (Item #16G2) approved by the Board of County Commissioners on Tuesday, July 12, 2016. The Minutes and Record's Department has kept an original document as part of the Board's Official Record's of the Board. If you have any questions, please feel free to call me at 252-8411. Thank you. EXHIBIT A-3,Contract Amendment#3, to Concession Agreement for "Collier County Airport Authority Concession Agreement Car Rental Service" This amendment, dated)LAm 201.1, 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 struckeugh. New language has been underlined. *** Change #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. * * Chante #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 alk • _- _ _% .. _;, . .. . _. . _ • __ • - _.• __ .• .• the amount that the Concessionaire receives as compensation 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. * * * CAS • 1 6 Change#3: Section 11 is amended as follows: C 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 (15t) 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 written 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 15t 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 aink tt4l, 11;.4 .... 4;� 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($850.0Q1 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. Change#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. Change#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/drpp 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. 16G2 2 Chante#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: 1 60... ..0Enterprise L o , *any of Florida,LLC cry?.........Ns, 43 b((Sts.. -_-9--1-11 :e'By. ' _�- Print Name Robert Wilson,Vice President/General Manager Concessionaire's_ ess: By: ---. S'rt.0 eT t...)/t,ri‘''ic Print Name ATTEST:. L ' ;r; DWIGHT`);'.BROC ,CLERK COL R COUNTY AIRPORT AUTHORITY lac, ilk , c By: i't`"` -,)` F:� c.;t,a "13 1 TY CLERK ONNA FIALA,CHAIRMAN signature Approved as to form and legality: \-"' altU 44--.—.4 .-> --.S° Jennifer A. Belpedio Assistant County Attorney �O'' LON • EXHIBIT C I 6 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).