Agenda 01/14/2014 Item # 16G2 1/14/2014 16.G.2.
EXECUTIVE SUMMARY
Recommendation to approve the attached Concessionaire Agreement between the Collier
County Airport Authority and Fogarty Flying Service for Specialized Aviation Service
Operations at the Marco Island Executive Airport.
OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County
Airport Authority (Authority), approve the attached concessionaire agreement between the
Collier County Airport Authority and Fogarty Flying Service (Concessionaire) for Specialized
Aviation Service Operations (SASO) at the Marco Island Executive Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Marco Island Executive Airport (Airport), which it Sub-Leases from Collier County pursuant to
a master Sub-Lease Agreement dated May 24, 1994.
Fogarty Flying Services desires to sub-lease facilities at the Marco Island Airport to provide aircraft
flight training operations. Mr. Fogarty subleases a t-hangar at the Marco Island Airport and
purchases fuel for his flight training operations. He has been awaiting suitable office space to
conduct his operations for approximately two years.
The sub-lease facility consists of one 7 foot x 6.5 foot(45.5 square foot) improved office space. The
term of the agreement is two years and continues from month to month until at least thirty days
advance written notice to terminate is given by one party to the other. During the term of the
agreement, the Concessionaire shall pay the base rent and related charges applicable to the
premises in accordance with the uniform rate schedule in effect and published by the Airport
Authority, plus all applicable taxes.
In addition to the base rent, in accordance with Resolution No. 2013-181, the Concessionaire
shall pay the Authority a $200 commercial operating fee annually.
FISCAL IMPACT: Rental income in the amount of$1,019 has been budgeted in the Airport
Authority FY14 operating Fund 495 related to this agreement.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. —CMG
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves and authorizes the Chair to execute the attached
Concessionaire Agreement between the Collier County Airport Authority and Fogarty Flying
Service.
Prepared by: Robert Tweedie, Airport Manager, Collier County Airport Authority
Attachment: Fogarty- Concessionaire Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.2.
Item Summary: Recommendation to approve the attached Concessionaire Agreement
between the Collier County Airport Authority and Fogarty Flying Service for Specialized Aviation
Service Operations at the Marco Island Executive Airport.
Meeting Date: 1/14/2014
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator,Airport Authority
12/26/2013 3:35:10 PM
Submitted by
Title: VALUE MISSING
Name: TweedieRobert
12/26/2013 3:35:11 PM
Approved By
Name: TweedieRobert
Date: 12/27/2013 4:35:57 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 12/27/2013 4:36:07 PM
Name: KearnsAllison
Date: 12/31/2013 10:30:41 AM
Name: KearnsAllison
Date: 12/31/2013 11:22:44 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/31/2013 1:55:49 PM
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Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 1/6/2014 11:10:01 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 1/6/2014 11:57:51 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/6/2014 1:26:31 PM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 2:21:35 PM
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FOGARTY FLYING SERVICE
CONCESSIONAIRE AGREEMENT
"Specialized Aviation Service Operations at the Marco Island Airport"
THIS AGREEMENT made effective this day of
2014, between the Collier County Airport Authority (hereinafter called the "CCAA") and Fogarty
Flying Service, 1582 Biscayne Way, Marco Island, FL 34145 (hereinafter called "Concessionaire").
1. SCOPE. The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby
accepts from the CCAA, the right to operate the following described Specialized Aviation
Service Operations (SASO) at the Marco Island Executive Airport, 2005 Mainsail Drive,
Naples, FL 34114, in conformance with the purposes and for the periods stated herein and
subject to all terms and conditions hereinafter set forth.
a. TERM. This Agreement shall be for a term of two years effective on the
commencement date and continues from month to month until at least thirty (30) days
advance written notice to terminate is given by one party to the other.
b. FACILITIES. The CCAA shall lease to the Concessionaire the following facilities and
space:
Terminal Building—45.5 square feet of office space
Easement for ingress and egress to the properties (hereinafter "Facilities") by the Tenant
and its employees and business invitees
c. USES. The Concessionaire is authorized to provide specialized aviation service
operations. The services provided through Fogarty Flying Service, shall be offered to the
public at all times that a reasonable demand for such services exist. Please see attached
Exhibit"A" specifically defining the Scope of Services.
2. NOTICES. All notices from the CCAA to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Mr. Jim Fogarty
1582 Biscayne Way
Marco Island, FL 34145
All notices from the Concessionaire to the CCAA shall be deemed served if mailed by
registered mail to the CCAA at the following address:
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples,Florida 34114
Attention: Robert Tweedie
Airport Manager
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3. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be
construed as creating a partnership between the CCAA and Fogarty Flying Service.
Concessionaire is not an agent of the CCAA.
4. ASSIGNMENT. Concessionaire shall not assign this Agreement or any part thereof,
without the prior consent in writing of the CCAA. Any attempt to assign or otherwise
transfer this Agreement, or any part herein, without the CCAA's consent, shall be void. If
Concessionaire does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Concessionaire has assumed toward the CCAA.
5. 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 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.
6. CONSIDERATION.
Rent and Fees.
a. Rent. Beginning on the Effective Date, the Tenant shall pay the Authority an initial annual
payment ("Rent"). The total initial annual amount of Rent shall be in accordance with Table
below,which includes applicable FL sales tax(6%).
TABLE"A"
INITIAL YEAR SCHEDULE ONLY
Description of Facilities Rental Rate Basis Total Monthly Total Annual
Rent w/Tax Rent wITax
45.5 sq.ft.of office space $18/sq.ft./year $72.35 $868.20
Commercial Operating Fee(see 6.c.) $200/year $212.00
TOTAL $1,080.20
b. Adjustment of Annual Rent. Tenant Base Rent may increase on January 1 of each year;
provided that there has been an increase in the cost of living using the official Consumer
Price Index Urban Wage Earners (CPI-U) base published by the Bureau of Labor Statistics,
United States Department of Labor. The Consumer Price Index to be used will be that for
the South Urban Size C Area (or comparable index if such index is discontinued),
hereinafter called "CPI". An increase in the monthly Base Rent for successive Lease Years
shall be based upon a comparison of the most recent CPI published for the current Lease
Year against the most recent CPI published greater than 12 months preceding the most
current CPI. The amount of the additional Base Rent shall be the percentage difference
between the two preceding CPI's. In no event shall the Base Rent, once increased, be
decreased, nor shall it be increased more than once in a 12-month period.
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c. Commercial Operating Fee. Beginning on the Effective Date of this agreement the Tenant
shall pay a fixed annual commercial operating fee of$200.00 per year, plus applicable Florida
sales tax.
d. Utilities. Except as specified below, the Tenant shall be responsible for all utilities and
services that are furnished to the Facilities. The application for and connecting of utilities,
as well as all services, shall be made by and only in the name of the Tenant. The Authority
shall not be responsible for payment of any utility fees,monthly service fee or otherwise.
Exceptions: Rent includes basic electrical utilities in the Facilities, HVAC, water and
wastewater. Tenant shall participate in energy conservation practices established by the
Airport Manager in common with other tenants in the same metered facility.
7. DEFAULT IN PAYMENT. Monthly rent and required fees must be submitted to the CCAA
and 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 be a late charge of Fifty
Dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable
by law. If the payment of consideration and accumulated daily 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 on CCAA property and may cancel this Agreement. A monthly report
of activities shall be submitted to the CCAA or their designee by the fifteenth (15`x') 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
8. 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, acts of nature or of public enemy, acts of government or 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.
9. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Marco Island Airport Concession any personal property 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 Airport Manager. Upon
expiration of the term specified in paragraph 1(a), 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 must 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.
10. 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
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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.
11. 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.
12. 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.
18. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claims, and demands and forever releases and discharges the CCAA from all demands,
claims, actions and causes of action arising from this Agreement, except intentional torts.
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.
25. 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. Uses must be in compliance with
approved uses as set forth in Exhibit"A", attached.
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26. PRICES. The Concessionaire agrees that prices and fees charged for specialized aviation
service operations will be competitive with those charged for similar services in the general
vicinity.
28. 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 (15) 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.
29. 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 Concessionaire to establish and enforce rules and regulations to provide for the
safety, orderly operation and security of the facilities.
30. TERMINATION. The Agreement may be terminated by the CCAA immediately due to any
material breach of this Agreement. 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 thirty (30) day written notice of such intent. During the notification period, both
parties agree to meet its respective contractual obligations in good faith.
31. 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.
32. VEHICLES: Vehicles shall be parked only in areas designated by the CCAA.
33. VENUE. This Agreement shall be governed by and construed in accordance with the Law of
the State of Florida.
34. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire
shall indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Concessionaire or anyone employed or utilized by the Concessionaire 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 the Collier
County Airport Authority. Collier County's liability is subject to the limits in Section 768.28,
Florida's Sovereign Immunity Act.
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35. 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$3,000,000 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.
Special Requirements: Collier County Airport Authority shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
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 all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet. The same Contractor shall provide
CCAA with certificates of insurance meeting the required insurance provisions.
36. LEASE MANUAL. The Concessionaire shall be provided with the Authority's Lease Manual
(if any), which the Authority may amend from time to time. The terms of this manual shall be
deemed to be incorporated by reference into this Agreement, and the Concessionaire shall be
bound by the terms of this Lease Manual, as of the 1st day of the second month that
Concessionaire receives a copy of the Lease Manual or an amended Lease Manual. With
respect to any terms in this Agreement, which are in conflict with the Lease Manual, the Lease
Manual shall control.
37. THIS AGREEMENT shall be administered on behalf of the Collier County Airport Authority.
As used herein, the acronym "CCAA" shall refer to the Airport Director or his designee unless
the context renders such construction illogical.
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.
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on
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AS TO THE .ONCESSIONAIRE: FOGA' Y FLYING SERVICE
i ness (signature) m Fog.
Ra beri- e ct:P
(Print name)
1
Witness (signature)
J V3,c_ `fit 03 c:s ew-xc-v1
(Print name)
AS TO CCAA:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS CAPACITY
AS THE COLLIER COUNTY AIRPORT
AUTHORITY
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form
and legal sufficiency:
olleen M. Greene
Assistant County Attorney
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EXHIBIT "A" w"
SPECIALIZED AVIATION SERVICE OPERATIONS (SASO) DESCRIPTION
FOGARTY FLYING SERVICE
Tenant is authorized to conduct the following Specialized Aviation Service Operations,
in accordance with the provisions of the Minimum Standards for Commercial Airport
Aeronautical Activity and Service Providers adopted by the Collier County Airport
Authority.
1. Aircraft flight training operations
1
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