Agenda 02/22/2011 Item #16G1
2/22/2011 Item 16.G.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority,
approve and authorize the Chairman to execute the attached Aircraft Detailing Concessionaire
Agreement with Corporate Jet Care LLC to provided aircraft detailing and cleaning sen'ices at the
Marco Island Executive Airport.
OBJECTIVE: To obtain approval of Concessionaire Agreement to authorize Corporate Jet LLC
to provide services at the Marco Island Executive Airport.
CONSIDERATIONS: Corporate Jet Care LLC desires to enter into an agreement with the Collier
County Airport Authority to provide aircraft detailing and cleaning services at the Marco Island
Executive Airport.
The operations of Corporate Jet Care LLC will not interfere with safe, efficient operations at the
Marco Island Executive Airport and will enhance the overall level of services available to airport
users. The concession fee of fifteen percent (15%) of gross receipts to be paid by the
concessionaire is consistent with the 2011 rate schedule approved on January 11, 2011, Agenda
Item 148.
The attached agreement and insurance requirements have been reviewed by Collier County
Purchasing Department, Risk Management and the County Attorney's office.
FISCAL IMPACT: The fiscal impact of approving this agreement will be an increase in Marco
Island Airport Cost Center revenue in Fund 495. The dollar amount is not known at this time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires simple majority vote, and is legally sufficient for Board action. - CMG
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with
the Executive Summary.
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport
Authority, approve and authorize its Chairnlan to execute the attached Aircraft Detailing
Concessionaire Agreement with Corporate Jet Care LLC to provided aircraft detailing and
cleaning services at the Marco Island Executive Airport.
Prepared By: Chris Cuny, Executive Director, Airport Authority
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2/22/2011 Item 16.G.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1.
Item Summary: Recommendation that the Board of County Commissioners (BCC), acting
as the Airport Authority, approve and authorize the Chairman to execute the attached Aircraft
Detailing Concessionaire Agreement with Corporate Jet Care LLC to provided aircraft detailing
and cleaning services at the Marco Island Executive Airport.
Meeting Date: 2/22/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
1/24/2011 2:01 :44 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
1/24/2011 2:01 :46 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 1/27/2011 2:20:41 PM
Name: WoodLyn
Title: Contracts Specialist,Purchasing & General Services
Date: 1/31/2011 12:02:26 PM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 1/31/20111:08:15 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 1/31/2011 1 :31 :03 PM
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2/22/2011 Item 16.G.1.
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/31/20112:28:17PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/10/2011 10:06:45 AM
Name: OchsLeo
Title: County Manager
Date: 2/13/2011 6:55:27 PM
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2/22/2011 Item 16.G.1.
COLLIER COUNTY AIRPORT AUTHORITY
CONCESSION AGREEMENT
AIRCRAFT DETAILING
TIllS CONCESSION AGREEMENT (the "AGREEMENr'), entered into as ofthedJ.nd day
of Feb. , 20!L.., by and between the COLLIER COUNTY AIRPORT AUTHORITY
("AUTHORITY") as licensor, and Corporate Jet Care LLC a Florida corporation authorized to
do business in the State of Florida, ("CONCESSIONAIRE").
WITNESSETH THAT, for and in consideration of the covenants herein contained,
AUTIfORlTY does hereby grant CONCESSIONAIRE the privilege to engage in the business
described herein below upon the premises of the Marco Island Executive Airport ("AIRPORT").
Collier County, Florida.
1_ RIGHTS AND PRIVILEGES
A The CONCESSIONAIRE is hereby granted the privilege of providing aircraft
detailing and cleaning services, hereafter referred to as "detailing services,"
B. It is specifically understood and agreed that nothing herein contained shall be
construed as granting or authorizing the granting of an exclusive right to the
CONCESSIONAIRE within the meaning of Section 308 ofthe Federal Aviation Act
and Florida law. Further, nothing in this paragraph shall be construed to allow
CONCESSIONAIRE to conduct any activities other than those specified in
Subsection (A) above, or those specified in any AGREEMENT hereinafter emered
into between AUTHORITY and CONCESSIONAIRE.
C. CONCESSIONAIRE further agrees that it will not engage in nor permit any unlawful
activity, or any activity that would unreasonably cause an increase in the rate of
insurance on said airport, nor any activity that would disturb nearby properties or
tenants at the AIRPORT.
2_ TERM
The privileges of this AGREEMENT are hereby granted to CONCESSIONAIRE for a
term of one (1) year, which shall commence as of Fe.b"'()Ct~ 20~ and shall
terminate onFcbrvu~ Ql~ , 20~ unless said term sha e sooner terminated as
hereinafter provided. e County may. at its discretion and with the consent of the
Contractor, renew the Agreemem under all of the terms and conditions contained in this
Agreement for three (3) additional one (1 ) year periods.
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3. REVENUE AND ACTMTY REPOR.TlNG AND CONCESSION FEE
A. CONCESSIONAIRE shall furnish to AUTHORITY, on or before the 15th day of
each month, a monthly report of the previous calendar month's gross receipts, as
defined below, which shall include proceeds from all detailing services and charges
by the CONCESSIONAIRE at the AIRPORT and such payments sball be
accompanied by a statement of gross receipts for the preceding month.
CONCESSIONAIRE shall supplement its monthly report of GROSS RECEIPTS at
the request of the AUTHORITY, Supplements may include information related to
the date of service, aircraft registration number, and company name. Without
waiving any other available rights and remedies, AUTHORITY shall be entitled to a
late charge on any payment not made when due, equal to the lesser of eighteen
percent (18%) or the maximum percent permitted by law in the State of Florida.
B. "GROSS RECEIPTS" as used herein shall mean all detailing service charges billed
to the customer or other facilities located at the airport for all products and services
provided by the CONCESSIONAIRE at the AIRPORT.
C. CONCESSIONAIRE shan pay the AUTHORITY a concession fee in the amount of
fifteen percent (15%) for monthly GROSS RECIEPTS,
D. CONCESSIONAIRE shall also pay the AUTIfORITY a towing fee for all aircraft
towed, based on the then current Rates and Charges. The towing fee will be initiated
for each aircraft towed to and from the agreed upon washing area or other designated
location for the primary purpose of aircraft detailing.
E. AUTHORITY shall not be responsible to reimburse CONCESSIONAIRE for fees or
any services received or accepted by the customer, for any reason.
F. Customer complaints and disputes for payment by the customer, arising from the
CONCESSIONAIRE'S operation at the AIRPORT, shall be handled directly by the
CONCESSIONAIRE. No partnership is created with this agreement.
4_ NOTICE. PLACE AND MANNER OF PAYMENTS
A. No later than the 15th of each month, CONCESSIONAIRE shall pay the Concession
fee due, based on the GROSS RECEIPTS direct billed to customers utilizing the
airport, during the preceding month.
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B. All payment and concession fees from CONCESSIONAIRE to AUTIlORITY shall
be sent by mail or hand delivered to the following address as designated by the
AUTHORITY: Collier County Airport Authority, 200S Mainsail Drive. Suite # t,
Naples, FL 34114_ All correspondence from AUTHORITY to CONCESSIONAIRE
shall be sent by mail to the following address designated by the CONCESSIONAIR:
Corporate Jet Care LLC
409S Southern Boulevard
Suite # 206
West Palm Beach, FL 33406
Either party may designate in writing from time to time any changes in addresses or
any addresses of substitute or supplementary persons in connection with said notices.
The effective date of service of any notice shall be the date such notice is mailed to
CONCESSIONAIRE or Executive Director.
C, In addition, all notices. demands and requests shall be sent by certified mail, return
receipt requested. to this same address.
5_ RECORDS
A. CONCESSIONAIRE agrees that it will keep true, accurate and complete records
during the term of this AGREEMENT and will keep available, for a period of
twenty-four (24) months after each term of the AGREEMENT. the books and
records of accounts of CONCESSIONAIRE for each year of this AGREEMENT.
showing the GROSS RECEIPTS of CONCESSIONAIRE from the business
conducted at the AIRPORT. and other pertinent information required by the
provisions of this AGREEMENT. This information should include information
related to the date of order, aircraft registration number, and company name. The
books and records of account shall be made available with reasonable notice. during
regular business hours to the AUTHORITY or its duly authorized agent or auditors,
for the purpose of verifying and determining the accuracy of the information set forth
in any monthly report or for the purpose of verifying compliance by
CONCESSIONAIRE with the terms of this AGREEMENT but for no other purpose.
The reporting of any false report of revenue or failure to include all applicable
revenue by the CONCESSIONAIRE shall be grounds for immediate cancellation
and termination of this AGREEMENT.
B. An authorized representative of the AUTHORITY shall have the authority to audit
CONCESSIONAIRE'S records of GROSS RECEIPTS. In the event that an audit
reflects an underpayment of any obligation contained in this AGREEMENT of at
least four percent (4%) for any calendar year, the CONCESSIONAIRE shall pay
AUTHORITY the costs associated with such audit. In addition, the
CONCESSIONAIRE shaU remit any underpayment. within thirty (30) days of
written notice,
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6. USE OF AIRPORT FACILITIES
A Tbe CONCESSIONAIRE is hereby authorized, at the AU1HORITY'S discretion, to
use the designated aircraft washing area. CONCESSIONAIRE must use "Best
Management Practices" approved by the AU1HORlTY, and must comply with all
applicable Federal, State and Local Laws Ordinances and Regulations.
B. The AUTIlORITY shalt not be responsible for the toss or damage of any aircraft, or
damages incurred during the detailing process.
C. CONCESSIONAIRE is an independent agent and not an agent or partner of Authority
or Collier County Government.
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A. If at any time during the tenn of this AGREEMENT, the rights granted herein or the
payments become subject to any federal. state or local tax, property, sales, excise or
otherwise, CONCESSIONAIRE agrees to assume the payment of such taxes and, if
applicable, to include such payments with the fee payments required hereunder,
provided, however, that CONCESSIONAIRE shall in no circumstances be obligated
to pay any taxes based on the net income of AUTHORITY.
B. CONCESSIONAIRE agrees to promptly pay all lawful general taxes, special
assessments. excises. license fee and permit fees applicable to its operation at the
AIRPORT and to hold and maintain alllicenscs. municipal, state or federal. required
for the conduct of its business at the airport. CONCESSIONAIRE further covenants
and agrees not to permit any taxes. assessments, excises, fees or charges to become
delinquent.
8, NON-DlSCRIM1NATION
A CONCESSIONAIRE agrees that it will operate in compliance with all requirements
imposed by Title 49 CFR Sub Title A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation - Effectuation of Title IV of the Civil Rights Act of 1964.
B. CONCESSIONAIRE agrees that it will not discriminate against any person on the
basis of race, color, gender, natiOnal origin, age, disability, religion or marital status,
in connection with the use of this License.
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C. CONCESSIONAIRE will comply with all applicable sections of Public Law 101-
336, commonly known as the Americans with Disabilities Act.
D, CONCESSIONAIRE will furnish its services on a fair, equal and not unjustly
discriminatory basis to all users and the CONCESSIONAIRE will charge fair,
reasonable and not unjustly discriminatory prices for its services, Nothing in this
agreement prohibits CONCESSIONAIRE from making reasonable and
nondiscriminatory discounts, rebates or other price reductions to purchasers.
9. RULES & REGULATIONS
A. CONCESSIONAIRE hereby agrees to comply with the Collier County Airport
Authority Rules and Regulations and Minimum Standards for Commercial
Aeronautical Activity, on file in the office of the Executive Director of tile AIRPORT
as well as other procedures, whicb may be promulgated from time to time. These
documents are incorporated into this AGREEMENT and made a part hereof The
Rules and Regulations and Airport Minimum Standards may be amended bereaftcr by
the AUTHORITY. Each of these documents may be reviewed and copies provided at
CONCESSIONAIRE's expense in the main offices of the Collier County Airport
Authority,
B, CONCESSIONAIRE shall comply with any and all applicable governmental statutes.
rules. orders and regulations,
10. INDEMNIFICA nON
CONCESSIONAIRE hereby covenants and agrees to defend, indemnify, and hold
harmless the AUTHORITY, its commissioners, officers, agents and employees harmless
from and against any and all claims, loss, liability, damages, actions, lawsuits, costs and
expense (including attorneys' fees), which occurs in whole or in part as a result of any act
or omission of the CONCESSIONAIRE. including but without limitation, for property
damage, personal injury, death, penalties, tines, economic loss, consequential damages
and the like, CONCESSIONAIRE agrees that any and all personal property of
CONCESSIONAIRE or its commissioners, officers, employees, servants, agents, guests
or invitees shall be stored and otherwise used at CONCESSIONAIRE'S exclusive risk.
II, INSURANCE REOUlREME~
During the entire term of this agreement, Licensee shall provide, pay for. and maintain
the types of insurance required by the Collier County Risk Management Department as
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listed in Exhibit A "Contract Insurance Requirements", attached and made a part hereof
for tbe commercial aeronautical activities to be conducted as listed in this agreement. All
insurance shall be from responsible companies duly authorized to conduct the respective
insurance in the State of Florida and/or responsible risk retention group insurance
companies registered with the State of Florida. AJIliability policies shall provide that
Collier County is named as additional insured as to the uses of the licensed premises
under this agreement. Collier county Board of county Commissioners must be: named as
the Certificate Holder and shall also provide the Separation oflnsured's Provision. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, FL
Prior to the execution of this agreement by licensee, the specified insurance coverage and
limits required must be evidenced by properly exearted Certificates of Insurance on the
forms which are deemed acceptable by AUTHORITY.
12. TERMINATION
Should the CONCESSIONAIRE be found to have failed to perform services in a manner
satisfactory to the AUTHORITY as per the AGREEMENT, AUTHORITY may
terminate this AGREEMENT immediately for cause; further, AUTHORITY may
terminate this AGREEMENT without cause with a thirty (30) day written notice.
AUTHORITY shall be sole judge of non.performance.
13. A'ITORNEY FEE~
Prevailing party shall recover the attorney's fees and costs incurred to enforce any
provision of the License, including all costs of collection. Attorney's costs and expenses
recoverable shall include all out of pocket expenses and shall not be limited by the
Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions.
14_ GOVERNING LAW
This AGREEMENT shall be governed by and interpreted according to the laws of the
State of Florida. This AGREEMENT is subject and subordinate to the provisions of any
Agreements heretofore made between the AUTIiORITY and the United States, relative
to tbe operation or maintenance of the airport, the execution of which has been required
as a condition precedent to the expenditure of federal funds for the development of the
airport in accordance with the provisions of the Federal Aviation Act &$ it has been and
may be amended from time to time.
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2/22/2011 Item 16.G.1.
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IS. VENUE
It is mutually understood and agreed that all suits in regard to this AGREEMENT may be
instituted and maintained in any COUrt of competent jurisdiction in the County of Collier.
State of Florida.
IN WITNESS W'HE.REOF, the parties have caused this AGREEMENT to be executed by their
appropriate officials, the day and yelU" first written above.
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Typed/print witness name
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CONCESSIONAIRE:
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Signature
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Printed name and title
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ATTEST:
DWIGHT E. BROCK. CLERK
COLLIER. COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
By:
Chairman
Approved as to form and legal SUfficiency:
@
() leen Gt-eene
Assistant County Attorney
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2/22/2011 Item 16.G.1.
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EXIDBT A
COLLIER COUNTY AIRPORT AUTHORITY
OONTRACTINSURANCE
REQUIREMENTS
TYPE
X Wor1ters' Compensation
$1,000,000
$1 ,000,000 per occurrence
bodily injury and property
damage
$500,000 per occurrence X $1,000,000 per occurrence
bodily Injury and property bodily injury and property
dam e dam e
$500.000 r airct8ft $1,000.000 aircraft
$500.000 per occurrence $1.000.000 per occurrence
bodily injury and property bodily injury and property
da e dame
X Business Automobile X $500,000 per occurrence $1,000,000 per OCCUrrence
Insurance bodily Injury and property bodily injury and property
dam dama e
Po.ution Uability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
dam e dama
Pro It Insurance Re acement C05l- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendorlConsultant
shall indemnify and hold hannless Coltier County, its officers and employees from any and allliabililies.
damages, losses and costs, including, but not Iimlled to, reasonable attomeys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or Intentionally wrongful conduct of the
ContractorNendorlConsultant or anyone employed or utDlzed by the ContractorlVendor/Consuttant In the
perfonnance of this Agreement. This indemnification obligation shaH not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
descrtbed in this paragraph. This section does not pertain to any incident arising from the sole negligence
of CoWer Cou _
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The
.Certificate Holdel" should read as follows:
ColUerCounty
Board of County Commissioners
Naples, Florida
No Coonty Division, Department, or individual name 5hoold appear on the CertifIcate. ~ other flmIlIl ~
e.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 8 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an 'ADDITIONAl NAMED INSURED. on property policies where an
interest in im rovements and bettennents is made, IS Its Interests ma ar.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercia'
General Uabll and/or Ai Uabir where uired.
FORM 1. Commercial Activities UcenselSublease of L.anc:llLow Hazard or
Short TermfAviation Related
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POLICY NO.: NAF4007490
2/22/2011 Item 16.G.1.
ATTACHED TO CERTIFICATE # ~
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO:
Collier County
Board of County Commissioners
Naples, FL
THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO:
Corporate Jet Care, LLC
4095 Southern Boulevard, Suite 206
West Palm Beach, FL 33406
POLICY NUMBER: NAF4007490
POLICY PERIOD: From June 24, 2010 To June 24, 2011
INSURANCE COMPANY: Catlin Insurance Company, Inc.
DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which
is incorporated as a part hereof.
As respects the above certificate holder:
SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization, but
only with respect to liability arising out of the Named Insured's aviation operations.
Subject to Date Change Recognition Endorsement.
Data included in this Certificate valid as of January 18, 2011.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage
afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or
other document with respect to which this certificate of insurance may be issued or may pertain, the
insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of
such policies.
Should the described policy be cancelled before the expiration date hereof, the issuing company will
endeavor to give 30 days (10 days for non-payment) notice to the certificate holder named herein.
However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the
Company, its representatives or agents.
By:
4//~~
W_ Brown & Associates Insurance Services
Date of Issue: January 19, 2011
Certificate No.: ..ll..
Certificate # ..u..
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POLICY NO.: NAF4007490
2/22/2011 Item 16.G.1.
ATTACHED TO CERTIFICATE # ~
SCHEDULE OF LOCATIONS
Location of Aviation premises owned, rented to or occupied by the Named Insured:
West Palm Beach Airport, West Palm Beach, FL
including those premises necessary and incidental to the Aviation Operations of the Named Insured.
Type of Coverage:
LIMITS OF LIABILITY
General Aggregate Limit (Other than Products-Completed
Operations and Hangarkeepers')
Fire Damage Limit (Any One Fire)
Medical Expense limit (Any One Person)
Each Occurrence
$10,000,000
$5,000,000
$5,000,000
$5,000,000
$100,000
$1,000
$5,000
$500,000
$500,000
See Below
Products-Completed Operations Aggregate Limit
Personal Injury & Advertising Injury Aggregate Limit
Each Occurrence Limit
Hangarkeepers' Each Loss Limit
Hangarkeepers' Each Aircraft Limit
Hangarkeepers' Deductible Each Occurrence
On Premises Auto:
$5,000,000
Hangarkeepers' Deductible(s): $5,000.00 per aircraft/$10,OOO.00 as respects jet and turbine-powered
aircraft
Property Damage Deductible(s): $5,000.00 per claim/$10,000.00 as respects jet and turbine-powered
aircraft
Certificate # .J..3.-
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