Agenda 09/28/2010 Item #16G 1
Agenda Item No, 1681
September 28,2010
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCC), acting as the
Airport Authority, approve and authorize the Chairman to execute the First
Amendment to Contract #06-3903 Car Rental Service at the Marco Island Airport
Enterprise Leasing Company of Florida, LLC.
OBJECTIVE: That the Board of County Commissioners (BCC), acting as the Airport
Authority, approve and authorize its Chairman to execute the attached First Amendment
to Contract #06-3903 Car Rental Service at the Marco Island Airport Enterprise Leasing
Company of Florida, LLC (Concessionaire) to amend the concession fee and support
services provided by the Concessionaire,
CONSIDERATIONS: The Collier County Airport Authority (CCM) entered into
Contract #06-3903 for rental car service at the Marco Island Executive Airport with
Enterprise Leasing Company of FIQrida, LLC on March 28, 2006,
Per that agreement, CCM receives a concession fee equal to the greater of ten
percent (10%) of the gross revenues of every customer rental agreement, or twenty
thousand dollars ($20,000) per year.
On June 1, 2009 CCM entered into an agreement with The Hertz Corporation for rental
car service at the Marco Island Executive Airport, On December 7, 2009 CCM entered
into an agreement with Avis Budget Group, Inc. for rental car service at the Marco
Island Airport, The concession fee for both these agreements is fifteen percent (15%)
of gross revenues of every customer rental agreement.
Because Enterprise Leasing Company of Florida, LLC is no longer the only entity with
an agreement for car rental service at the Marco Island Airport, and in order to be
consistent with other CCM agreements for car rental service at the Marco Island
Airport, the agreement with Enterprise Leasing Company Florida, LLC is being
amended to change the concession fee to equal fifteen percent (15%) of gross receipts
of every customer rental agreement.
The agreement is further being amended to provide for additional Enterprise staff at the
airport during "peak periods,"
FISCAL IMPACT: It is anticipated that the fiscal impact will be negligible,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with the Executive Summary.
ADVISORY BOARD RECOMMENDATION: At the September 13,2010 meeting, the
Airport Advisory Board voted unanimously to recommend that the BCC approve the
First Amendment to Contract #06-3903 Car Rental Service at the Marco Island Airport
Enterprise Leasing Company of Florida, LLC.
Agenda Item No 16G1
September 28,2010
Page 2 of 17
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, - JBW
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport
Authority, approve and authorize its Chairman to execute attached First Amendment to
Contract #06-3903 Car Rental Service at the Marco Island Airport Enterprise Leasing
Company of Florida, LLC,
PREPARED BY: Debbie Brueggeman, Operations Coordinator, Airport Authority
Agenda Item No. 16G1
September 28, 2010
Page 3 of 17
Contract # 06.3903
"Car Rental Service at the Marco Island Airport"
THIS AGR.EEMENT made effective this.u.. day of I11Mch, 2006, A.D, between
the Collier County Airport Authorlty Board (hereinafter called the "CCAA") and Enterprise
Leasing Company d/b/a Enterprise Rent-A.-Car, 4350 Fowler Street, Suite 24, Fort Myers, FL
33901 (hereinafter called "Concessionaire"),
1, SCOPE, The CCAA hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the CCAA, the exclusive right to operate the following described
car rental services at the Marco Island Executive A.irport, 2005 Mainsail Drive, Naples,
FL 34114, in conformance with Ihe purposes and for the periods slaled herein and
subject to all terms and conditions hereinafter sel forth,
A, TERM. The lerm of this Agreement shall be sixty (60) months
8, 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 Coo 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. 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 localion as set forth below:
To prOVide car rental services at the Ma rco Island Executive I',irport
2. NOTICES. All notices from the CCAA to the Concessionaire shall be deemed
duly served if mailed or faxed to tile Concessionaire at the following address:
Enterprise Leasing Company d/b/a Enterprise Rent-,A,-Car
4350 Fowler Street, Suite 24
Fort Myers FL 33901
Attention: Robert VI/ilson, Vice President/Genera, Manager
FAX: 888-312-5998
Agenda Item No, 16G1
September 28,2010
Page 4 of 17
All notices from the Concessionaire to the CCM shall be deemed served if mailed
or faxed to the CCM 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 eCM and the Car Rental Service
provider. Concessionaire is not an agent of the CCM.
4, ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part
hereof. without prior written approval of the CeM, Any attempt to assign without
such approval shall be void, Concessionaire agrees that without the prior written
consent of the CeM, no shareholder shall sell, assign, transfer or convey hislher
stock (except by operation of law), nor shall the corporation issue any additional
shares of slock, if any such transfer or issuance wiil effectively change the
ownership of the corporation, However, the shareholders have the right to convel,'
between themselves and their spouses and children without the CCM's Gonse:lt
5. MAINTENANCE AND REPAiRS, Within the confmes of the ConcessiDnaires
counter space area, the Concessionaire shall, to the satisfaction of the CCA.!'. or
his/her authorized representative, provide normal and routine daHj,' maintenance of
the facilities, designed to keep the premises free from hazardous conditiDn" thus
providing for the comfort and safety of visitors and patrons.
6. TRASH. RUBBISH AND GARBAGE. The CCAr:.. will proVide al: gartlag!2, trast;
and rubbish receptacles within the confines of Concessionaire's courlier spa~e
area, and within the confines of and/or reasonably' adjacent w the
Concessionaire's reserved six (6) motor vehide p3:ki1Q spa,::;~~~' 'n~
Concessionaire shaH be responsible for the pickup anc remova! 81 all ru b:)lSn ~r;1si~
and garbage from the ~ar rental area to the trash receptacles
i, UTILITiES. The CCAI\ shall Day for char,ges of cl\liiues 1D ,I',e aesi9mneci
premises including, charges for \....ater, sewer, and ele:lrJclty dUring the, terrE of thiS
Agreement. Any utiHties that are for the benefit 07 the Concessionaire sha~i :}e ;::;aic
by the Con:essionaire (ie Telephonel
8, SECURiTY, Trls Conc'2ssiG'na~:re mJst provros a~ its e):ps'_ns~ 2<~-r.~.:s
measures to protect its area, e:juiprnent ana materials Su:h ~~n0:,aSJres
may not violate any other restriction(si of his ,4greemenL
Agenda Item No. 1681
September 28, 2010
Page 5 of 17
9, PERMITS. LICENSES. TAXES, The Concessionaire shall obtain and pay for all
pennits 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 CCM,
the State of Florida, or the U.S, Govemment.
10. CONSIDERATION, The Concessionaire shall remit to the CCM, as consideration for
this Agreement a concession fee in a minimum fee equal to the greater of ten percent
(10%) of the gross revenues of every customer rental agreement, or twenty thousand
dollars ($20,000) per year.
The percentage shall be based on total gross revenues cumulative year-to-date. Said
payments shall be tendered to the CCM 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 CCM 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 that the g Ilarantee or 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 CCM, exciuding 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 shali provide the
CCM Finance Department a Statement of Gross Receipts
Facil~v Lease Fees - Concessionaire shall lease the counter space at $20.00 per
square foot of counter space per Agreement year, for a totai of $1.25CU10 per year plus
applicable Florida Sales Tax. This fee shall increase three percent (3%:1 compounded,
at the start of each subsequent Agreement year
Vehicle Parkino Spaces - Concessionaire shall lease the vehicle parking spaces at
$10,00 per space per month, for a total of 560,00 per month plus applicable Florida
Sales Tax, This fee shall increase three percent (3%), compounded. at the 5:a1 J: each
subsequent Agreement yeaf.
11 DEFAULT IN PAYMENT, A monthly repan of gross receipts, the payments ccmpuled
on that amount, and any other taxes and fees due must be submitted to the CCM~ to be
received by the fifteenth (151r ) at each month in the event the Concessionaire fai:s ico
pay thiS consideration within fivel5} days of suoh due date, there shall be a !ateor;atge
of Fifty Dollars ($50,OO) for each such late payment If the payment of consideration
and accumulated penalties are not received within thirt,1 (30) days afier the normal
monthly due date, then the CCAA may take possession of U18 C::Jncessionaire's asse:c,
loC'sted \vrthin the CC/:.j:<, termina; counte: space and may cancei th1S .L\gn~erne;nL ::.
J
Agenda Item No. 16G1
September 28,2010
Page 6 of 17
monthly report of activities shall be submftted to the CeM 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 govemment or of the CCAA, fires, floods, epidemics, quarantine
regulations, strikes or lock-outs, the eeAA will allow pro rata adjustment of monthly
payments up to the time such damage is repaired.
13. CONCESSIONAIRE NOT TO REMOVE PROPERTY, Concessionaire shall not remove
from the Marco Island Airport Concession any office equipment ,vithin the CCM
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
Section1.a. of this Agreement. if the Concessionaire has made full payment under thiS
Agreement, and has fully compl!ed with the terms of this Agreement, he may remove
his personal property including eqUipment from the Marco Island Airport Concessi:lrl
and shall do so within fifteen (15.1 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 CC,lI,A may cause same to be
removed and stored al the cost and expense of the Concessionaire, and the CCAA
shall have a continUing !ier. thereon in the amount of the cost and expense clf such
removal and storag'2 ueltil paie! 2nd Cet,,,, may sell such personal proper::,' and
reimburse itself for such costs and expe>lse, plus a!1 expenses of the sale.
14, RECORDS. AUDIT. Concessionaire shall establish and maimaln such recar'ds as flOW
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 ali ,ecar:is
documents" and books pertaining to the concession operation Such audit wiE be
conducted at locations and at a freouency determined by the CCAA and commuTllcated
to the Concessionair'e Tn" Co,",cessionaire agrees to oral/ide rnatel'ials !or' th,;') audit at
the place designated by the CCAA, \vithin thres ,~3:,1 business days a.fter tle ~
noflce to do so 18 received by Concess!onaire. ali at nD:~Cs''. 18 th€~ CCA::"',
Concessionaire shall use eiect;QrJic p0:n!-of.saj~ casri contrDl equipmen: for
control of cash payments Cash register tapes. must je rr'taintained and made 8vaiia:Jie
te the CCAA upon demand during the entire lerm of Agreement All elecronlc cash
control equipment and accounting o'oce::lures shall be with t';e ap;Jrova!:,; t~le
rir1ance Department
Agenda Item No. 16G1
September 28, 2010
Page 7 of 17
15, COOPERATION, The Concessionaire agrees to cooperate with the CCM in the
conduct of surveys and to provide reports of visitor usage of all concession services.
The CCM shall provide Concessionaire with advance notice of any special event and
shall coordinate with the Concessionaire regarding same, CeM 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 CCM 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 fOT
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 CCJlA from all
demands, claims, actions and causes of action arising from this Agreement, except
intentional tarts committed by Collier County employee(s) and/or by Collier County
officer(s). Such employees andlor officers Include emplo~'ees and/or officers of the
CCAA
19. NO LIENS. Concessionaire will nDt 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 iien to be
discharged within ten (10) days afte' written notice to de so from the CCAA
20, ORDERLY OPERATIONS, ETG, The Concessionaire shall have a neat and orderly
operation at all times and shall be solely responsible far necessary housekeeping
services to properly maintain the premises. There shall be no living quarters, nor shall
anyone be permitted to live on the premises
21. EMPLOYEES; MANAGER The Concessionaire shall empioy peopi.e to w:Jrk althis
fac:ility who are neat, clean, well-groomed and courteous. illl employees sha!! observe
all the graces of personal grooming. Subject to ths' Amencan with Disabilities Ac\,
Concessionaire shaH supply competent employees WhD ate ph)'si,::aHy of
performing their employment duties and the CCA~\ may reqLJire the Concessionaire tto
remove .all employee it deems careless" inco:-npetent, inS'JDOrdin2lte or othe:v~'fse
objectionable and \.vhose cOfltinued employment c'n C/2,l:.J:., property' is 710: ::r\ the best
interest of the CCAA. Ail Concessionaire employees shall wear shin:s with the
ConcessiDnarre's logo or other identifying mari(jng. The ConceSSiOna!re shal,' ha\/e an
experienced manager overseeing the concession operations at afi trmes wl~len open ror
business
Agenda Item No. 1681
September 28,2010
Page 8 of 17
22, HOURS OF OPERATION. The concession shall be open and properly staffed six (6)
days per week, The hours of operation shall be 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, AH 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.
23. USE OF THE FACILITIES IS PRIMARY. Marco Island Airport is for the use of the
public and the right to such use shaH not be infringed upon by any activity of the
Concessionaire, However, this does not preclude the Concessionaire from scheduling
promotional events, which might temporarily limit access to the event site, subject to the
prior written approval for e~ch event on a case-by-case basis, by the CCM or their
designee. .
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 CGA~, laIN,
ordinance, rule, order or reguiation, 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
ils authorized representaTive shall deElnl any conduct on the part of the Concessionaire
tc be objectionable or Improper, as noted on the Concession inspection Report. tne
CCAA shall have the right to sl'spend the o[:,eratl::Jn, elf the CelncessI::m should ths
Concessionaire fali to promptly corr'3ct any such vloiatl:Jn, conduct. Dr praG!lce t:J he
sallsfaGtion of the CCI!.A The ConceSSionaire shall not commenCE' operation dunng
such suspension until the vlolailon has been corrected to the reasonable satisfaction 0:
the CCA/-"
25. PRICES. The c.:::mcesslcnalre agrees that prt~'S's .:l11d fees charged fD: car rental
services wit! be c:)i11petitive '.\'it~: t~IDse ::harged for c::~~ :::,e;\'!'~~,-2'~' ;n :h'2;-
genera~ vicinity', .AI: pnces rrust be dispiay'ec a:ij~'isib!e by' the C'JnGes::;~Y'"la!re's
customers .AII SUCh prices and fees must De aporoved in v;JTitin';:J tlY trl'2: ':=:'C::L,A o~.
designee
26. NO DANGEROUS MATERIALS Tne Concession"lre shal; nOT use or DsrmIC n ins
facilities lhe storage of illuminating oils oillanlD,; turpentine benzine, naphtn3, 0" o\r'er
srmliar substances, or expias!ves of an~' ktn~ :X any subslan::~ Oi a~icles ~rJhit:ited ir
the standa:-d policies of fire tnsuran::e compa~;-2f'. doing t,!...;sine3s ~n th-2, S:a:s Df ~iCiri:iG.
Lf DEFAULT AND TERMINATION If tne Concesslona!re fails te campi:> "dh anI" ot tIC
terms and conditions hereof and such aefaui: IS ncr: cured v.rit~dn fifleen .,~ 5:i days aT:e;-
r
Agenda Item No. 16G1
September 28, 2010
Page 9 of 17
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, 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,
29. TERMINATION. The Agreement may be terminated by the CCM 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 eeM
shall be sole judge of non-performance, Further the eeM 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 notificalion penod. both parties agree io
meet its respective contractual obligations in good faith
30. eeM CONTROLS OF THE MARCO ISLAND AIRPORT. Nothing in this Agreement
will preclude the CeM 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 CCl\A 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 16:, vehicle parking spaces as those' spaces
are depicted in Exhibit 8, "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 mater'iais and/or
equipment and the authorized places for storage. A reasonable amount of eqUipment
and/or materials normally stored by C:mcessionaire at its aH-por: ~Junter space 18
authorized b\' this Agreement without such additional advance written aoofovai.
33. FLORIDA LAW. This Agreement shall be governed "\' 3'1: construe: If;
with the Law of the State of Florida
34. SIGNAGE. The COilcessionatre shall provit:ie, at hiS sole expense, reQuirec Slg~s a~
public approaches to the facility, p,l: slgr,age, advertismg ami posting snali tJE- as
approved be the :::xecutive Director or authorized desl9nee.
'~----_.'-"_-----,,---,---_....-,.._....~-_..._.._-~.,~--.." ^"."-"-_...---_.._,,.._~""
Agenda Item No. 1681
September 28, 2010
Page 10 of 17
35. INDEMNIFICATION, The Authority, its appointed officials, officers, agents and
employees shall be held harmless from all attorney's fees and costs, claims, debts,
demands, liabilities or causes of action of every kind and description or character alleged
to be related to Concessionaire, whether in law or in equity, arising directly or indirectly
from any event or occurrence at the Marco Island Airport, and/or off of the Marco Island
Airport, that is alleged to result, directly or indirectly, from any act or omission of the
County, the Authority, and/or any of Concessionaire's and/or the County's employee(s)
and/or officer(s), in whole or in part, during the term of this Agreement. Concessionaire
hereby agrees to protect, defend, reimburse, indemnify and hold the Authority and the
County, either's agents, employees and for officers and each of them free and harmless
at all times from and against any and all claims, liability, expenses, losses, costs, fines
and charges (including costs, expenses, attorneys fees - including appeals and/or
administrative proceedings - as well as claims or causes of action of every kind or
character against any of the same by reason of any damage to tangible and/or intangible
property, or bodily injury (including death) incurred or sustained by any party hereto,
and/or 10 or by any party acquiring any interest hereunder, andlor any agent Dr employee
of each party hereto or any party acquiring any interest hereunder. and any third party or
other party whomsoever or whatsoever, or any governmental agency alleged to ariSE
out of or incident to, or in connection with, Concessionaire's performance and/or lack of
Concessionaire's performance. and/or ansing out of 0: Incident to or in cClnneclion with
County's performance or lack. of County's performance. EXCLUDING ONLY claims
a.lleged to be caused directly by (a) the physical condItion of the Marco Island Airport
and/or (b) claimed to arise out of intentional tort(s) c::Jmmitted by a County employee~s)
and/or by County officer(sl
Concessionaire recognJzes the broad nature of this inciemnification and hold r"iGiTniess
provision, and voluntarily makes this covenant and expressly acknowledges the receipt
of good and valuable consideration provided bl! County and by the ,,s.uthority ir! support of
and in consideration of thiS indemmflcation. all In accordanCE) With laws ot the 8tate of
FiDrida. This inoemnifi:.ati:::-; provision shal; SUf\/lve terrriln3tio~1 of this t\gree:Tien:
36. INSURANCE. Before c::Jn~menclng work ot any Kind {11 the Concessionaire ,;1!12JI!
procure the 18liowing insurance with !:l$ura:lSe companies licensed in tlC~ State :'1i
Florida, and 1'2} shall Tfle eviden::e ,:)f sL:h fr;suranc~ vvi:h C,:)1Iier ':-ou~r/s R:isi'
t\'~a:1agef.
A
Commercial General Liability: Covera~!e shall have !1l1r1iT!L1rn l!r,lilS
$-1,000,000 Per Occurrence. Com::Jined Single Limit for Bodily
ProDe~iy Damage Lia::ilit:., ThiS shall inc:ude Prenllses 2nd ':)perahJflS,
".....,,..
':::.;i',...1
~naependen: c:mtra:to;s Pr':>:::uc:s an] C:J:"lpii:.'tE<: C)r::':'jBtjDf':~ ::;112 '.-,
Liability
E: Workers' Comnensation: insurance coverln9 al] employees meeung StatUWfV
Limits I~ ::omplian.:;e VJith al. their app!I'::abie state a;'""',Q ied2~ai l3V,r~,
Agenda item No. 16G1
September 28,2010
Page 11 of 17
C, Automobile Liabilitv: OwnedfNon-owned/Hired Automobile Included limits of
$1,000,000 Each Occurrence,
Soecial Reauirements: 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 Uability
Policy, The Certificate Holder shall be "The 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 CCM at least 30 days prior to any expiration date.
There shall be a 30 day notification to the CCM 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 eve!)' tier, and its materialmen andlor its suppliers, if any, who
come onto the Marco 'Island Airport to perform work on behalf of (or at the invitation O~I
Concessionaire for more than tlNenty-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 mdividual. It is antiCipated given
the nature of Concessions authorized use of the Marco island Airport, that absent
unusual and unforeseen circumstances, su:::r. an evenj is very uniikely to occur at the
Marco Island Airport during the term of thiS p,;;reement.
37. CONTRACT ADMINtSTRATION. This Agreement s1atl be adrrlinistered by thE-
CCM.
38. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, al! of which are as fully a part of the :::ontract as ii herein
set out verbatim: Exhibit A, "Counter C' Space: Exhibit 8. "Parking Space
Designations", Insurance Certificate (s); Concessionalle's Proposa: and RF'P No
3903. In the event that any Terms and Conditions of ;he Request for Proposa[ are
perceived or round to be in conflict with this ,~greemen: the Agreement shal! take
precedence.
(,
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Agenda Item No. 1681
September 28,2010
Page 12 of 17
IN WITNESS WHEREOF, the Concessionaire and the CCM, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year
first above written.
Dated: .:.,/,:2d/tt
OWNER:
COLLI,fR~UNTY ~IRPORT ~UTHORITY
If I A. t.IJ,
l. ." ,J.;( ! // \
BY: /~oJ (_.>,-(J~ . - .1\.:--/
, RODer! E. Doyle, 9h~rman.:J
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Enterprise Leasing Company
d/b/a Enterprise Rent-A-Car
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Agenda item No. 16G1
CERTIFI \ TE OF LIABILITY Jl\' fTRANctptember 28,2010
--,-.-- ------,_____. ./ Page 15 of 17
TillS CERTIFICATE IS ISSUED FOR INFORMATION PURPOS.ES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH IS
CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED
DATE: (MM'DDIYYYY) 01/23t2006 I' INSURERS:
jPRODUCER Marsh USA Inc. A: ,I Discover Property & Casual".' Ins, Co.
'or BROKER: .,
, &00 Corporate Park Dr.
I S1. Louis, MO &3105 : 8: rFi~;;-;ity &-GUa;;;;;~'I'~~~;~~~~-C;~;~~';-----'-----
I Phone: (314) 512-2415 I
~_____ Fax: (314) 512-6250 ---,,-_.Jc: I'
I INSURED,
I Enterprise Rent-A-Car Company et al i 0: ~____. --- ---- - ---.:==..:.~~=~~-
:;~OL~;:,o~6e ~~~o~:e_ _____. _ _ JE'___ _____ _ ______
'THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED Al30YE FOR THE POLICY PERIOD LISTED.
, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOClJMENT\I\IlTH RESPECT TO W'rHCH THIS
CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS '
SUBJECT TO ALL THE TERMS, EXCLUStONS AND CONDITIONS OF SUCH POUCfES AGGREGiRATE UMITS SHOWN MAY H.c..VE BEEN
REDUCED BY PAID CLA1MS.
1----..---..-..-
, COVERAGES:
! INSURER TYPE OF INSURANCE
, lETTER
GENERAL LIABILITY
, -- COMMERCIAL GENffiAJ..
~. CLAIMS MADE;;r OCCURENCE
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POLlCY NUMBER
EFFECTIVE DATE EXPIRATiON DATE
(MMAJONYYV) iMMIDDNVYYi
~ff'IlIT:S
Eec,i'j Occurenc.e
s~.,ceO.OOD
D002LOG22E,
9/1l20~5
i Ftre Dama;:!!:
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PfC<dd::~s-CDmp/OP
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A
AUTOMOBILE LIABILITY
~ ANY AUro
'''-''''i _ALL O~~JN2D AUTOS
-: SCHEDUL~D AUIOS
- HIRED .J\UTC'S
= N~)N-O'LVNF.D AC'70S
D002A00422
9/1/2005
Sit1 :'2005
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operated ~y e~;;;o)!ee~, 0' t:'1e nnmed ins.uret t~)
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C:PEL:-:t ~^:
/,'_:T'f:Y:::::C: ;-:";:::::IF;:::,'S:::::r,:"Ti .~
~~':::"C'ER
':-ANGElLA nON-
Collier County Airport Authority
3301 ;: Tamiami Trail
Naples, FL 34112
Sh:)._:U:: AfC 0;:: -:-r--~; t'<,::3:)\/E;' P:A ;::~;::;.;. ?E'-'_ ~;"'J;=.:=Li_Et. [:::!.::y-;~ 'IE_" :x .!::J;/,,',']::v,:
~",,\T~ THER:::;?'" "'-Hi: t:SSUH'J'31rJ:::U1l.r:>:: '~''.'': , EI.,J0:::.:",,":;'r:;' ""7'~-', M':"L :':'(; [i:.C"~'
\..../P,:T1EN N~-"TICE: "I~) l:-~::: :::t:~-(iJ~;lC:;:..Tf: !i-~.'L..:J~ti. r,,',l\ME[1 T:~: T..,;c _:.::c:; ;:i'
j:AILURE' 1"0 DO SO SHALL IMPOSE NO IJB~'GP\I'ON ON: LIA;~, : JT" ~,F' ,c.}","; Ki:'~:,j
IJDm~ T-'-lE It~SUR=R, tTS AGENT;; em r;E;--:'r;::::~~n~TA TI"I~;,',
.:: c':w,'!:Qhi ~~:m;.,--'l [nt"'I':"c_"'-"i- l'Y':: ~, RiJf';1~ "'-"""f\o.,"
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Sl'lptembl'lr28,201
FIRST AMENDMENT TO CONTRACT #06-3903 CAR RENTAL SERVICEagl'l 16 of 1
AT THE MARCO ISLAND AIRPORT
ENTERPRISE LEASING COMPANY OF FLORIDA, LLC ...
WHEREAS, the Collier County Airport Authority (CCAA) has an agreement with Enterprise Leasing Company
of Florida, LLC, (Concessionaire), dated March 28, 2006 hereinafter referred to as the "Base Agreement",
WHEREAS, the Authority and Concessionaire are desirous of amending the Base Agreement to adjust the
concession fee.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT
AUTHORITY, that the Base Agreement oe .mended as follows:
I, Article 10 "Consideration", paragraph one (1) is deleted and replaced as follows:
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.
All other tcnns and conditions of Article 10 shall remain in full force and effect.
2. Article 22 "Hours of Operation" shall be amended to ineiude the follnwing:
Concessionaire shalL at .'peak periods" of operations, holidays etc. as dctennined and mutually agreed upon by
Concessionaire and Airport Manager or deslgnee. provide trained, competent statT 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.
All other terms and conditions of the Base Agreement remain in full force and effect.
IN WITNESS THEREOF, the partie, hereto have signed this First Amendment to Contract # 06-3903 this
dayof_ _.____ .2010.
Signature of Officer
Leasing Compan) of Florida, LLC (rWO WiTNESSES REQUIRED)
(i"S) ~]rstWltness'~
By:
Title:JL/Je..fJ6dJd:jeU.fE.Lgq~L_
Printed Name:__t..,,1,lt~_
SnJ..M.:L.. bbbL-IA ~1.
Print Name of First Witness
Seeund Witness:jj3.51!i!t _p'~._.
Date: ~~fL______ _____._~_____.
Licensor: COLLIER COUNTY AIRPORT AUTHORITY
t~SV11'\ ~V1:5tc1 Vl
Prim I\ame of Second Witness
ATTEST:
DWIGHT E. BROCK, CLERK
COLLiER COUNTY AIRPORT AUTHORITY
OF COLI.IER COUNTY. FLORIDA
By:__._.
-------------- --..~~~-
, DEPUTY CLERK
By:
FRED W. COYLE. CHAIRMN
Approval for form and legal Sufficiency:
~n}9~L-
Jennifer B. hite
Assistant County Attorney
C:\Documents and S..:nings'.E00699\L\lcal Scl.tings\l{~mporar:' Internet Files\OLK 1 B 1 \Enterprise
RentACarAmendment] draft] .docx
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16G1
September 28, 2010
Page 17 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G1
Recommendation that the Board of County Commissioners (BCC), acting as the Airport
Authority, approve and authorize the Chairman to execute the First Amendment to Contract
#06-3903 Car Rental Service at the Marco Isiand Airport Enterprise Leasing Company of
Florida, LLC.
9/28/20109:00:00 AM
Approved By
Lyn Wood
Administrative Services
Division
Contracts Specialist
Date
Purchasing & General Services
9/16/2010 2:01 PM
Approved By
Penny Phillippi
Immokalee County
Redevelopment Agency
Executive Director, Immokalee eRA
tmmokalee County Redevelopment
Agency
Date
9/16/2010 2:04 PM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
9/16/20102:09 PM
Approved By
Steve Carnell
Administrative Services
Division
Director ~ Purchasing/General Services
Date
Purchasing & General Services
9116/20103:06 PM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney
9/16/20103:42 PM
Approved By
Randy Greenwald
Office of Management &
Sudget
Management/Budget Analyst
Date
Office of Management & Budget
9/17/201010:04 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
9/17f2010 11:49 AM
Leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
9/19/201010:18 AM