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Item I6
1.6 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: I.6 Agenda Item Summary #11616 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 n/a AGENDA ITEM WORDING: Approval to award bid and enter into a new five (5) year On- Airport Rental Car Concession Agreement with The Hertz Corporation at the Key West International Airport. ITEM BACKGROUND: Approval to award bid and enter into a new five (5)year On-Airport Rental Car Concession Agreement with The Hertz Corporation at the Key West International Airport. PREVIOUS RELEVANT BOCC ACTION: On February 16, 2022, the BOCC granted approval to advertise a request for proposals for on-airport rental car concessions at the Key West International Airport. CONTRACT/AGREEMENT CHANGES: New five (5)year agreement. STAFF RECOMMENDATION: Approval DOCUMENTATION: Bid Tabulation Sheet 11.10.2022 KWIA - Hertz Concession Agreement 12.28.2022 RFP -Non-Exclusive on Airport Rental Car Concessions at KWIA Bid Addenda 1-4 FINANCIAL IMPACT: Effective Date: January 1, 2023 Expiration Date: December 31, 2027 Packet Pg. 2147 1.6 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $13,644.40 annual counter space/office rent; $148,920.00/yr. for parking spaces, and 10% of gross revenue or a minimum of $617,187.00.00/year Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 12/30/2022 4:43 PM Richard Strickland Completed 01/02/2023 3:27 PM Pedro Mercado Completed 01/03/2023 8:45 AM Purchasing Completed 01/03/2023 9:39 AM Budget and Finance Completed 01/03/2023 9:40 AM Brian Bradley Completed 01/03/2023 10:51 AM Lindsey Ballard Completed 01/03/2023 11:11 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 2148 4u8w88JBV uOlss OuO z}J -9 MAM °O L-L L 49aqS uogei n ' :4u9wqoe44Vw T �p N G. d J4 0 N tUC t t O O N } O O O f O O O N O O O w a 00 O Q Q r" 4- a Q N Ln 00 s w u .-+ Wp N O n � � '"' " a- Y ii v � N } Q can 00 V O O O41O 1 S O Z O L O L CS > } O O O N + ESE _U N } 0 W c}n W Z M Z = cn a wUJ6.iu OHA a a UJ 0L iQc=i� o Qa � ° Q a L V w z 0 o � } s W Z J Q m i i i i Q }0 > cn Q � OO � JE-+ p •° oo u HC7 ~ OC ZQ � m WNJW oGOOco y } � GQco I— PU U- 0 o = QW °° � I— O Oazp�1 ¢ qV Z N W Z L a a p a o C. f0 —� O y h G O - } o U W O ►- n- 0 Z > J U- � L W —� "_ uo > o V) o � V f— C co ,F, ro O N N tn to O L tn W W E w L a. } � p L a s Z z co UJ U � �, °� ¢ O O U OJ L - w w � � U W a 0) U) Q = O r q J -� -O L CL 04 v to CL Q Q } o N U LL L L •is N ?) L a o �+ 0 a' n' V L } O W 0 s 0 co � H V) m 1.6.b ON-AIRPORT RENTAL CAR CONCESSION AGREEMENT THE HERTZ CORPORATION MONROE COUNTY THIS AGREEMENT, hereinafter "Agreement" is made and entered into this day of , 2023, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereinafter "County" or "Lessor" and The Hertz Corporation, a corporation organized under the laws of the State of Delaware, whose address is 8501 Williams Road, Estero, Florida 33928, hereinafter "Concessionaire". E a� WHEREAS, County desires to grant to Concessionaire a non-exclusive right to operate an automobile rental concession at and from Key West International Airport at Key West, Florida hereinafter "Airport"; and U) c� WHEREAS, Lessor and Concessionaire desire, in connection with said operations, to U provide for the leasing by Lessor to Concessionaire of certain space in and around the Airline Terminal at the Airport for the establishment of a Rental Car Concession to accommodate the X Concessionaire's customers and provide space for the temporary placement of rental ready vehicles and for other purposes in connection with said operations, all as hereinafter more specifically provided. w N NOW, THEREFORE, in consideration of the premises and of mutual covenants and Q promises hereinafter contained, the parties hereto do hereby agree as follows: 00 1. Premises - Lessor hereby leases to Concessionaire for its use rental car counter space and office 4102 located in the passenger arrivals area at the Airport, containing 220 square feet, said space being designated "Rental Car Counter," as shown on Exhibit A, attached hereto and made a part hereof, and 34 rental car ready spaces in the parking lot in the area designated on Exhibit B as d "Rental Car Ready Area". U) (a) Ready/Return Space Reallocation - At the end of every second Agreement Year, Concessionaire may request the Lessor to reallocate the Ready/Return Spaces if the Market Share of 0 Concessionaire or any other Concessionaire has changed by more than five percentage points (5%) N compared to its Market Share for the previous Agreement Year. Should the Lessor determine, in its 0 sole discretion, to reallocate the Ready/Return Spaces it will do so in accordance with the following formula: (i) the total number of Ready/Return Spaces available for all Concessionaires, multiplied by (ii)Concessionaire's Market Share for the previous Agreement Year,rounded down to the nearest whole number. In the event Lessor approves such reallocation, each Concessionaire shall pay its own costs and expenses associated with such reallocation. Market Share shall mean the percentage of Concessionaire's Gross Revenues during any Agreement Year, as reported by Concessionaire to the Lessor, as compared to the total Gross Revenues of all Concessionaires for that same period. 2. Term — The term of this Agreement is five (5) years commencing January 1, 2023 and expiring on the earlier to occur of date of beneficial occupancy of a future consolidated rental car facility or December 31, 2027. 3. Rental and Fees - Concessionaire, for and during the term hereof shall pay to Lessor for the use and occupancy of the Premises and for the rights and privileges herein granted it at the following scheduled rates and fees: Packet Pg. 2150 1.6.b (a) Counter/Office Rental - Counter/Office space shall be paid at the rate of$63.02 per square foot per year ($13,644.40 for Year 1), plus sales tax, which includes rental car counter space 4102 as shown on Exhibit A, the area immediately outside of rental car counter space 4102, and the adjoining office space. On the anniversary date of this Agreement this rate will be adjusted annually by a percentage equal to the percentage increase in the CPI-U for urban consumers for the preceding calendar year ending in December. In the event of a deflationary CPI,no adjustment in the rental rates will be made. Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the first day of each calendar month during which this Agreement is in effect.Upon the failure of Concessionaire to pay rent or concession fees when due, the County will be entitled to charge and E collect, and Concessionaire will be obligated to pay, a late fee equal to the Federal Reserve Bank of 2 New York prime rate in effect on the date of delinquency plus four percent(FRBNY prime+4%) or twelve percent(12%)per annum,whichever is greater. The acceptance by the County of the overdue rental or fee installment plus applicable late fees shall cure what would otherwise constitute a default U) by Concessionaire under the terms of this Agreement. The County, at its option,however,may refuse a proffered overdue rental or fee installment and late fees, declare a default, and proceed according U to Article 21 of this Agreement. In the event that any check, draft, or negotiable instrument by which Concessionaire has tendered any rent or fee payment is returned to the County and not honored, X whether for insufficient funds or other reason, the County will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) if the check was under $50.00, if the check was $50.00 but under $300.00 the fee is Thirty Dollars w ($30.00) and for checks $300.00 and greater the fee is Forty Dollars ($40.00) OR 5% of the check N amount whichever is GREATER. Such penalty fee shall also be in addition to the amount of rent or Q fee due. The acceptance by the County of the rental or fee payment plus any applicable late fee and 00 penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The County, at its option, however, may refuse any proffered rental or fee installment and applicable late fees and penalties, declare a default, and proceed according to Article 21 of this Agreement. (b) Rental Car Ready/Return Spaces - 34 spaces at a rate of$12.00 per space per day plus d sales tax. (c) Percentage Fee - 10% of Concessionaire's Gross Revenues. (d) Concession Fee- The Minimum Annual Guarantee(MAG) for the period January 1, 2023 through December 31, 2023 shall be $617,187.00. For each successive Agreement year, the MAG shall be eighty-five percent(85%) of the amount of the Percentage Fee due the Airport U for the previous January 1st through December 31st period, but in no case less than the MAG for the first Agreement year. The Concessionaire agrees to pay monthly, on or before the X twentieth(20th) day of each calendar month, ten (10) percent of gross revenues for the previous < month or one twelfth(1/12) the MAG, whichever is greater. In the event the County determines that the total amount paid during a calendar year (January 1 - December 31) period under this method exceeds the Percentage Fee or the MAG, whichever is greater, for that calendar year period, an adjustment will be made to the monthly concession amount due at the first available opportunity following said determination of the subsequent calendar year period. (e) Abatement of Minimum Annual Guarantee - If for any reason the number of passengers deplaning on scheduled airline flights at the Airport during any period of thirty (30) consecutive days shall be less than sixty percent(60%) of the number of such deplaning passengers in the same period for calendar year 2018. the MAG shall be abated for the period of time such condition continues to exist. During said period of time, Concessionaire shall continue to pay to the County the Percentage Fee as hereinbefore defined. (f) Customer Facility Charges - Upon written notice from the County that the Monroe County Board of County Commissioners has authorized the implementation of a Customer Facility Charge at the Airport to pay for future proposed improvements, renovations, upgrades and/or Packet Pg. 2151 1.6.b modifications to rental car facilities at the Airport, Concessionaire shall be obligated to collect said charge as of the effective date of the notice. Upon said effective date, Concessionaire shall collect a daily Customer Facility Charge on all vehicle rental transactions with Airport Customers and shall continue to collect and remit said charge until such time as Concessionaire receives written notice form the County to discontinue collection. The Customer Facility Charge shall be identified on a separate line below the sales tax line on the customer's rental contract, in the amount established from time to time by County and shall be described as the "Customer Facility Charge" or"CFC." CFC fees shall be excluded from the definition of gross revenues. Concessionaire must collect the Customer Facility Charge at the time the first payment is made for a qualifying vehicle rental transaction and must remit the full amount of the Customer Facility Charge to County regardless of whether or not the full amount of such Customer Facility Charge is actually collected by Concessionaire from the person who rented the vehicle. If Concessionaire fails to collect the Customer Facility Charge from its customers in the amount established for collection by County, Concessionaire shall nonetheless be liable to County for payment of the Customer Facility Charge proceeds that should have been .2 collected. If Concessionaire fails to remit any Customer Facility Charge proceeds to County, Concessionaire also shall be liable to County for payment of the Customer Facility Charge proceeds that should have been remitted. Concessionaire further acknowledges and agrees that County shall be is entitled to the specific enforcement of the provisions of this Article 3(f) and waives any defense it may have to a lawsuit brought by County or any other party in interest for Concessionaire's specific M performance of its obligations hereunder. Concessionaire agrees that (i) Customer Facility Charge proceeds are not income, revenue, or any other asset of Concessionaire; (ii) Concessionaire has no ownership or property >- interest in such Customer Facility Charge proceeds; and(iii) Concessionaire hereby waives any claim to a possessory or ownership interest in Customer Facility Charge proceeds. Concessionaire agrees Q that it holds such Customer Facility Charge proceeds in trust for the benefit of County, and that ri County (or a trustee on its behalf) has complete possessory and ownership rights to such Customer ri Facility Charge proceeds. Consistent with the nature of the Customer Facility Charge proceeds as funds held in trust for County, Concessionaire shall separately account, on its books and records, for the Customer Facility Charge proceeds collected by it. Notwithstanding the foregoing, in the event 0 that either (a) it is determined that Concessionaire must, as a matter of law, establish a separate 2 account into which all Customer Facility Charge proceeds must be deposited, or(b) it is determined by a court of competent jurisdiction, that the failure to maintain the Customer Facility Charge a proceeds in a separate account imperils the trust nature of the relationship created by this Article 3(f) U) and potentially subjects any Customer Facility Charge proceeds held by Concessionaire to a claim (or potential claim) by Concessionaire's creditors, whether in bankruptcy or otherwise, then, in that 0 event,County shall have the right to require Concessionaire to establish a separate account into which N all collected Customer Facility Charge proceeds shall be deposited and all interest (if any) on the 0 Customer Facility Charge proceeds held by Concessionaire shall inure to the benefit of, and be payable to, County. < Concessionaire shall remit the Customer Facility Charge proceeds held by Concessionaire to County on a monthly in arrears basis on or before the first day of each calendar month following the month in which the Customer Facility Charge proceeds were collected;provided, however,in the event it is determined that Concessionaire must,as a matter of law,remit the Customer Facility Charge proceeds more frequently,Concessionaire shall remit such funds with such frequency as required, but Concessionaire shall not otherwise be required to report or reconcile the amounts < remitted other than on a monthly in arrears basis on or before the first day of each month. Concessionaire shall remit the Customer Facility Charge proceeds by electronic funds transfer or other means specifically approved by County in writing. When remitting such Customer Facility Charge proceeds, Concessionaire shall report and reconcile the Customer Facility Charge proceeds remitted by it on a form approved by County and shall submit such other and further information as may reasonably be necessary for County to determine any matter related to the Customer Facility Charge proceeds. Packet Pg. 2152 1.6.b Concessionaire shall maintain records and controls that are sufficient to demonstrate the correctness of the Customer Facility Charge proceeds collected by Concessionaire and the amount of Customer Facility Charge proceeds paid to County. Such records shall be maintained in accordance with, and subject to inspection and audit as set forth in, Article 5 of this Agreement. (g) Security Options. To provide security for rents, charges and payments required hereunder, Concessionaire will comply with either of the following two options and maintain such security in effect during the term of this Agreement: (i) Concessionaire will post with the County a separate Concession Bond to be maintained throughout the term of this Agreement in an amount equal to twenty-five percent(25%) of Concessionaire's first Agreement year MAG payable to the County, which shall equal $154,296.75. Such bond will be issued by a surety company acceptable to County and authorized to do business in the State of Florida, and will be in a form and content satisfactory to County. OR (ii) Concessionaire will deliver to County a separate irrevocable letter of credit .2 drawn in favor of County upon a bank satisfactory to County and which is authorized to do business in the State of Florida. Said irrevocable letter of credit will be in an amount equal to twenty five percent (25%) of Concessionaire's first Agreement year MAG payable to County hereunder for a U period of three (3) months which shall equal $154,296.75 (h) Satisfactory Performance. Any release of liability of the surety bond or irrevocable letter of credit required pursuant to Article 3. (g) above will be conditioned on the satisfactory performance of all terms, conditions, and covenants contained herein throughout the entire term of this Agreement and continue one year thereafter. Notwithstanding the above, these security >_ requirements will at all times be current. Upon termination of this Agreement, the release of liability of the surety bond or Irrevocable Letter of Credit will not occur until the County has successfully Q conducted an audit in accordance with Article 5 hereof and Concessionaire has paid Authority all ri amounts due and owing in full. 4. Definition of Gross Revenues - As used herein, the term "Gross Revenues" shall mean the u total amount actually charged by Concessionaire for or in connection with the use of a vehicle and any additional services or accessories contracted for, delivered, rented to, or picked up by airport customers, as shown on the vehicle rental contract, regardless of where, how (cash, credit, or barter) or by whom the payment is made or where the vehicle is returned. Unless revenues are expressly and g particularly excluded from "Gross Revenue" under this Agreement, such revenues shall be included in Gross Revenue. Revenues derived from sources similar but not identical to those described herein shall also be included in Gross Revenue unless expressly excluded by this Agreement. U N Gross Revenue will mean all revenues paid or due to Concessionaire arising out of or in connection with its operations at the Airport, including but not limited to: a) All time and mileage revenues. b) All revenues from the sale of liability damage waiver, collision damage waiver, personal accident insurance, or any waiver or other insurance product. E c) All revenue relating to furnishing and/or replacing fuel provided by Concessionaire at the commencement or conclusion of the rental transaction. d) Any Concession Recovery Fee (as defined in this Article 4). e) Daily and weekly service fees for toll transponders or similar license plate recognition services. f) Cellular phones and global positioning navigation systems (GPS). g) Child restraints. h) Drop charges. i) Additional driver fees. Packet Pg. 2153 1.6.b j) Underage or overage driver fees. k) Guaranteed reservation fees. 1) Third parry vehicle comps for promotional services rendered as a travel promoter, agent, or otherwise. m) Loss of Use payments by Airport Customers or insurance companies (actual payment amount(s)-not claim amounts(s)) received by Concessionaire in lieu of rent for damage to vehicles, Concessionaire's property, or for loss, conversion, or abandonment of vehicles. n) Vehicle sharing and/or valet services. o) All other revenues paid or due to Concessionaire arising out of or in connection with its operations at the Airport unless expressly excluded by this Agreement. Gross Revenues will not include: a) Amounts of any Federal, State, or municipal taxes and surcharges separately stated on U) the vehicle rental contract and collected from Airport customers, and which are payable directly to the taxing authority by Concessionaire. No exclusion shall be allowed for taxes levied on U Concessionaire's activities, facilities, equipment, or real or personal property, payroll taxes, income taxes, taxes on frequent flyer miles paid directly to the airline, license or tag fees, or other charges M which recoup operating costs. b) CFCs. c) Amounts for credits, refunds, or adjustments to Airport customers for transactions made at the Airport at the time of, or prior to,the close-out of the rental transaction and shown on the N Vehicle Rental Contract(without mark-up or additional fees). Includes customer satisfaction program ri ®0 adjustments applicable to revenues included in Gross Revenue which are subsequently refunded by ri Concessionaire and recorded and reported in a separately documented account from non-excludable adjustments. Concessionaire forfeits exclusion of all customer satisfaction program adjustments in the event otherwise allowable adjustments are commingled with any non-excludable amounts. Non- excludable adjustments are those which affect amounts already excludable from Gross Revenue (example: taxes) since this would result in a duplicate deduction from Gross Revenue. d) Any discounts separately stated on the vehicle rental contract which are granted at the U) time the rental transaction commences and are recorded and reported in separately documented accounts from non-excludable discounts. Concessionaire forfeits exclusion of all discounts in the 0 event otherwise allowable discounts are commingled with any non-excludable amounts.No exclusion N shall be allowed for any amount retained by a third parry as a financing discount which may apply by 0 reason of Concessionaire's acceptance of credit cards or other credit arrangements.No exclusion shall be allowed for the portion of retroactive rebates, dividends or refunds to any Airport customer upon attainment of a specified volume of rentals attributable to revenue or as part of any other marketing plan which does not list the discount on the vehicle rental contract at the commencement of the rental transaction. e) Sums received by reason of Concessionaire's disposal of capital assets and/or trade fixtures. ' f) Sums received by Concessionaire from its Airport customers, including all associated administrative charges, for traffic tickets, parking tickets, towing charges, impound fees, and other similar governmental fines and charges actually paid by Concessionaire on behalf of such Airport customers (without mark-up or additional fees). g) Sums received by Concessionaire for pass-through charges collected by Concessionaire from its Airport customers with respect to damage repair, parts replacement, Packet Pg. 2154 1.6.b extraordinary cleaning of vehicles, towing and transporting of damaged vehicles rented by such Airport customers, and replacement of keys for such vehicles (without mark-up or additional fees). This exclusion does not include any payments by Airport customers or insurance companies (actual payment amount(s) — not claim amount(s)) received by Concessionaire in lieu of rent for those vehicles ("Loss of Use"payments). h) Retroactive adjustment by Concessionaire of Gross Revenue designated as volume discounts or rebates, corporate discounts or rebates, or any other designation of any nature, or for any purpose. E It is understood and agreed that all losses or chargebacks (including bad debt expenses) are to be borne solely by Concessionaire, and County is to be paid on Gross Revenue without charge or reduction for costs of losses. As indicated above, Loss of Use payments by Airport customers or insurance companies (actual payment amount(s)- not claim amount(s))received by U) Concessionaire in lieu of rental fees and charges for those vehicles are considered Gross Revenue. U N Concessionaire shall not intentionally divert, through direct or indirect means, any of 0 Concessionaire's rental car or related business with Airport customers to off-airport locations of Concessionaire or affiliates of Concessionaire without including the Gross Revenue of such transactions, in Concessionaire's reported Gross Revenue. Any such intentional diversion of Gross Revenue shall constitute a Default under this Agreement and County shall have the right N to immediately terminate this Agreement upon determination by County or its auditors that an a intentional diversion exists or has occurred. 00 N Concessionaire shall not modify its accounting treatment or rename or redefine services or products which under the terms of this Agreement would be subject to the Percentage Fee E unless approved in writing by the County. 2 d Concession Recovery Fee. County will allow Concessionaire to charge its customers a proportionate share of the concession fee paid by Concessionaire to County based on a U) percentage(not to exceed 11.11%) of all items leased or sold to the customer that fall within the definition of items composing "Gross Revenue" as defined in Article 4, so long as U Concessionaire meets all of the following conditions. N (a) Fee shall be titled "Concession Recovery Fee." (b) Fee shall not be included, associated with, or implied as a tax on the customer invoice. (c) Fee shall not be identified, implied, or referred to as a tax or any County imposed charge by anyone employed by or associated with Concessionaire, including counter personnel and reservation agents. 5. Accounting Procedures - The Concessionaire shall keep records of all sales and revenues, whether for cash or credit,whether collected or not from its operations in a manner generally accepted d as standard to the automobile rental industry located on Airports. Concessionaire agrees to operate its business upon the Airport so that a duplicate rental agreement invoice, serially pre-numbered,shall be issued for each sale or transaction whether for cash or credit. Concessionaire further agrees that it will make available to Monroe County, a full and complete book of accounts and other records required by the County to provide a true account of all revenues pertaining to its operations under the provisions hereof. The County,acting through the Monroe County Clerk of Courts or other authorized representative, shall have the right to inspect and audit the Concessionaire's books of accounts and Packet Pg. 2155 1.6.b other records directly generated at the Airport office or otherwise pertaining directly to this agreement. Knowingly furnishing the County a false statement of its gross sales under the provision hereof will constitute a default by the Concessionaire of this agreement and the County may, at its option, declare this Agreement terminated. The Concessionaire retains the right to have its "controller or a representative assigned by its controller to be present during any inspection or audit by the County. Ten (10) business days' notice must be given of intent to audit by the County to allow Concessionaire's controller sufficient time to schedule said presence. 6. Investment by the Concessionaire - All leasehold improvements and their titles shall vest E immediately in Monroe County upon their acceptance by the County. Furniture,furnishings,fixtures, and equipment will remain the personal property of Concessionaire and may be removed upon the d termination of the agreement,provided all of its accounts payable to the County are paid at that time. Leasehold improvements shall include any installation of walls, partitions, doors and U) windows, any electrical wiring,panels, conduits, service connections,receptacles or lighting fixtures attached to walls, partitions, ceilings or floor, all interior finish to floors, walls, doors, windows or 0 ceilings, and all floor treatments or coverings. other than carpeting, that is affixed to floors; sanitary N disposal lines and sinks, commodes, and garbage disposal units; all heating, air treatment or 0 ventilating distribution systems. including pipes, ducts, vent hoods, air handling units and hot water generators; and all refrigerator rooms or vaults and refrigerated waste rooms including refrigeration or ventilating equipment included with same. Any furniture, fixtures, equipment, carpeting and draperies not classified as leasehold improvements above shall be the personal property of the N N Concessionaire. Q ci 00 ci 7. Concessionaire Improvements - Concessionaire has the right during the term hereof, at its own expense, at any time from time to time, to install, maintain, operate, repair and replace any and all trade fixtures and other personal property useful from time to time in connection with its operation E on the Airport, all of which shall be and remain the property of Concessionaire and may be removed ' by Concessionaire prior to or within a reasonable time after expiration of the term of this Agreement; < provided, however, that Concessionaire shall repair any damage to the premises caused by such a removal. The failure to remove trade fixtures or other personal property shall not constitute U) Concessionaire a hold-over, but all such property not removed within ten (10) days after Concessionaire receives a written demand for such removal shall be deemed abandoned and U thereupon shall be the sole property of the Lessor. 8. Damage and Injury - Concessionaire covenants that it and all of its agents, servants employees, and independent Concessionaires will use due care and diligence in all of its activities and operations at the Airport and the Concessionaire hereby agrees to repay or be responsible to Monroe County for all damages to the property of the County which may be caused by an act or omission on the part of the Concessionaire, its agents, servants, or employees and except to the extent that such damage to the property is covered by insurance required to be provided by the Concessionaire under any provision hereof, or is provided by Monroe County (except subrogation rights of the County's carrier), Concessionaire shall pay, on behalf of the County, all sums which the County shall become obligated to pay by reason of the liability, if any, imposed by law upon the County for damages because of bodily injury, including damages for care and loss of service, including death at any time resulting from bodily injury and because of injury to/or destruction of property,including the loss or use thereof,which may be caused by or result from any of the activities, omission, or operations of the Concessionaire, its agents, servants, or employees on the Airport. Packet Pg. 2156 1.6.b 9. Other Development of Airport - Monroe County reserves the right to further develop or improve the landing area of the Airport as its sees fit, regardless of the desires or views of the Concessionaire, and without interference or hindrance; provided, however, that in no event can the County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the premises. 10. Terminal Area Planning - Concessionaire acknowledges that Monroe County has Master Plans including terminal area revisions. Concessionaire hereby agrees to cooperate to the fullest with the County, especially in those areas of terminal improvements which may at some time cause relocation of rental car facilities. 11. Concessionaire's Obligations_ - Concessionaire covenants and agrees: U) a) to pay the rent and other charges herein reserved at such times and places as the same are payable: 0 U b) to make no alterations, additions or improvements to the demised premises N without the prior written consent of Lessor, which consent shall not be unreasonably withheld; c) to keep and maintain the demised premises in good condition, order and repair during the term of this Agreement, and to surrender the same upon the expiration of the term in the condition in which they are required to be kept, reasonable wear and tear and damage by casualty, >_ w not caused by Concessionaire's negligence, riot and civil commotion excepted. d) to observe and comply with any and all requirements of the constituted public N authorities and with all federal, state or local statutes, ordinances, regulations, and standards ri applicable to Concessionaire or its use of the demised premises, including, but not limited to, N rules and regulations promulgated from time to time by or at the direction of Lessor for administration of theAirport; e) to pay all taxes assessed or imposed by any governmental authority upon any building or other improvements erected or installed on the demised premises during the term of this agreement; and f) to control the conduct, manner and appearance of its officers, agents, and U) employees, and,in the event of any objection from the Director of Airports concerning the conduct, manner or appearance of such persons, Concessionaire shall forthwith take steps 0 necessary to remove the cause of the objection. N g) to staff and operate its Concession seven (7) days per week commencing not less 0 than thirty (30)minutes prior to the first scheduled departing flight and ending not less than thirty (30) minutes after the last scheduled arriving flight, except as otherwise approved in writing by the Senior Director of Airports. 12. County's Inspection and Maintenance — The County and its authorized officers, employees, agents, Concessionaires, sub-Concessionaires, and other representatives shall have the right to enter upon the demised premises for the following purposes: a) to inspect the demised premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied and is complying with the terms and conditions of this agreement with respect thereto; or b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires,pipes, drains, cables and conduits now located on or across the demised premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the Master Plan of development of the Airport; provided, Packet Pg. 2157 1.6.b however, that said work shall in no event disrupt or unduly interfere with the operations of Concessionaire, and provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the demised premises by Lessor, Concessionaire or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor. 13. Indemnification/Hold Harmless - Notwithstanding any minimum insurance requirements E prescribed elsewhere in this agreement, Concessionaire shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, 0 the Transportation Security Administration or any other governmental agency requires by reason of, N or in connection with a violation of any federal law or regulation, attorney's fees and costs, court 0 costs, fines and penalties)that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Concessionaire or any of its employees, agents, Concessionaires or other invitees during the term of this Agreement, (B) the >_ negligence or willful misconduct of Concessionaire or any of its employees, agents, Concessionaires or other invitees, or(C)Concessionaire's default in respect of any of the obligations that it undertakes Q N under the terms of this Agreement, except to the extent the claims,actions, causes of action, litigation, 06 proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the N County or any of its employees, agents, Concessionaires or invitees (other than Concessionaire). Insofar as the claims, actions, causes of action, litigation, proceedings, costs, or expenses relate to events or circumstances that occur during the term of this Agreement, this Article will survive the expiration of the term of this lease or any earlier termination of this Agreement. 14. General Insurance Requirements - Prior to the commencement of work governed by this U) Agreement, the Concessionaire shall obtain, at his/her own expense, insurance as specified below. The Concessionaire will ensure that the insurance obtained will extend protection to all 0 U Concessionaires engaged by the Concessionaire. N The Concessionaire will not be permitted to commence work governed by this Agreement 0 (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Concessionaire shall maintain the required insurance throughout the entire term of this Agreement and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Concessionaire and its Concessionaires until the required insurance has been reinstated or replaced. < The Concessionaire shall provide, to the County, as satisfactory evidence of the required insurance, either a Certificate of Insurance or a certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Agreement. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is Packet Pg. 2158 1.6.b given to the County by the insurer. The acceptance and/or approval of the Concessionaire's insurance shall not be construed as relieving the Concessionaire from any liability or obligation assumed under this Agreement or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. a) General Liability Insurance- Coverage shall be maintained throughout the E life of this Agreement and include, as a minimum: Premises Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability and Expanded Definition of Property Damage. U) U) The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL). 0 N If split limits are provided, the minimum limits acceptable shall be: 0 $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. N An Occurrence Form policy is preferred. If coverage is provided on a Claims a Made policy, its provisions should include coverage for claims filed on or after the effective date 00 of this Agreement. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. b) Workers' Compensation - Prior to the commencement of work governed 2 by this Agreement, the Concessionaire shall obtain Workers' Compensation Insurance with < limits sufficient to respond to the applicable state statutes. In addition, the Concessionaire shall a obtain Employers' Liability Insurance with limits of not less than: U) $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease, policy limits, and U $1,000,000 Bodily Injury by Disease, each employee. X Coverage shall be maintained throughout the entire term of this Agreement and shall be provided by a company or companies authorized to transact business in the state of Florida. If the Concessionaire has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Concessionaire's status. The Concessionaire may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Concessionaire's Excess Insurance Program. If the Concessionaire participates in a self-insurance fund, a Certificate of insurance will be required. In addition, the Concessionaire may be required to submit updated financial statements from the fund upon request from the County. c) Vehicle Liability - Recognizing that the work governed by this Agreement Packet Pg. 2159 1.6.b requires the use of vehicles,the Concessionaire,prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of this Agreement and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Vehicles. The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. d) Any deviations from these General Insurance Requirements must be requested U) inwriting on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. 0 U N e) Concessionaire shall carry fire and extended coverage insurance, if obtainable, on all fixed improvements erected by Concessionaire on the demised premises to the full insurable value hereof, it being understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure >_ similar property,but in no event an amount in excess of Concessionaire's original cost of constructing said fixed improvements. 00 c� 15. Non-Discrimination - Concessionaire and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. Concessionaire and County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, U) religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 0 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination N on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 0 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and E 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. Packet Pg. 2160 1.6.b 16. Rules and Regulations - Concessionaire agrees to observe and obey, during the term of this Agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time,promulgated and enforced by the County and by any other proper authority having jurisdiction over the conduct of the operations at the Airport. 17. Furnishing of Service - The Concessionaire further covenants and agrees that he will, at all times during the continuance of the term hereby demised and any renewal or extension thereof, conduct, operate, and maintain for the benefit of the public, the rental car concession provided for and described herein, and all aspects and parts and services thereof as herein defined and set forth, and will make all such facilities and services available to the public and that he will devote his best E efforts for the accomplishment of such purposes. 2 18. United States' Requirements - This Agreement shall be subject and subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to U) the operation or maintenance of the Airport, and execution of which has been or may be required by the provision of the Federal Airport Act of 1946, as amended,or any future act affecting the operation U or maintenance of the Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreement to include provisions protecting and preserving the X rights of Concessionaire in and to the demised premises and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto. N 19. Right to Amend - In the event that the Federal Aviation Administration or its successor Q requires modifications or changes in this Agreement, or otherwise, Concessionaire agrees to consent 00 to such amendments, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this Agreement, as may be reasonably required. a� 20. County's Covenants - The County covenants and agrees that: a) County is the lawful owner of the property demised hereby, that it has lawful d possession thereof, and has good and lawful authority to execute this Agreement; and b) throughout the term hereof Concessionaire may have, hold and enjoy peaceful and U) uninterrupted possession of the premises and rights herein leased and granted, subject to performance by Lessor of its obligations herein. 0 U N 21. Cancellation by County a) If cancellation is required to accommodate future Airport growth, or cancellation is required due to F.A.A. requirements. County shall provide Concessionaire 90 days' notice. The County, at County expense, shall relocate Concessionaire to an alternate site in accordance with the Key West International Florida Airport ALP. If an alternate site at the Airport is not available, the County will purchase the Concessionaire's leasehold at fair market appraisal value. E b) If any of the following events occur, the Concessionaire shall be deemed to be in default of its obligations under the agreement, in which case Monroe County shall give the Concessionaire notice in writing to cure such default within thirty (30) days, or the concession will be automatically canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the County's right to any such of money due pursuant to this Agreement for the full term hereof. (i) if Concessionaire shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or Packet Pg. 2161 1.6.b statute of the United States or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Concessionaire; (ii) if any order or decree of a court of competent jurisdiction,Concessionaire shall be adjudged bankrupt, or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state,territory, or possession thereof or under the law of any other state,nation, or government,provided, that if such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become void and of no effect; (iii) if by or pursuant to any order or decree of any court or governmental authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Concessionaire for the benefit of creditors, ' provided, that if such order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Concessionaire diligently and in good faith contests the same, any notice of cancellation shall be and will become null, void and of no effect; U) (iv) if Concessionaire fails to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within thirty (30) days following U receipt by Concessionaire of written demand from Lessor to do so; (v) if Concessionaire defaults in fulfilling any of the terms, covenants, or conditions required of it hereunder and fails to remedy said default within thirty (30) days following receipt by Concessionaire of written demand from Lessor to do so, or if, by reason of the nature of such default,the same cannotbe remedied within thirty (30)days following receiptby Concessionaire of written demand from Lessor to do so, then, if Concessionaire shall have failed to commence the N remedying of such default within thirty (30) days following such written notice, or having so Q commenced, shall fail thereafter to continue with diligence the curing thereof, 00 (vi) if the Concessionaire shall desert or abandon the premises for seven (7) consecutive calendar days; (vii) if the concession or the estate of the Concessionaire hereunder shall be transferred, subleased, or assigned in any manner except in the manner as herein permitted; (viii) if the Concessionaire shall fail to pay any validly imposed tax; assessments; utility rent, rate or charge; or other governmental imposition; or any other charge or lien against the premises leased hereunder within any grace period allowed by law, or by the governmental authority U) imposing the same, during which payment is permitted without penalty or interest (In complying with this subparagraph the Concessionaire does not waive his right to protest such tax, assessment, 0 rent, rate or charge); or N (ix) if the Concessionaire fails to provide service as required by specifications for five days during any thirty-day period, unless such failure is caused by an act of God, national emergency or a labor strike of which the Concessionaire has given the County immediate notice, the concession may be canceled within thirty (30) days of the giving of notice by the County and the Concessionaire shall not be permitted to cure such default. a� E 22. Additional Remedies - In the event of a breach or a threatened breach by Concessionaire of any of the agreements, terms, covenants, and conditions hereof, the County shall have the right of injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies, indemnity, or reimbursement were not herein provided. The rights and remedies given to Monroe County are distinct, separate, and cumulative, and no one of them, whether or not exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Monroe County from Concessionaire after the cancellation or termination hereof shall reinstate, continue, or extend the term, or affect any notice previously given to Concessionaire, or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of the County Packet Pg. 2162 1.6.b to recover possession of the premises by suit or otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after the commencement of any proceeding, or after a final order for possession of the premises, the County may demand and collect any monies due, or thereafter falling due,without in any manner affecting such notice,proceeding, or order; and any and all such monies and occupation of the premises, or at the election of the County on account of Concessionaire's liability hereunder. The parties agree that any litigation arising out of the agreement shall be brought in Monroe County, Florida, and determined under the laws of the State of Florida. The prevailing parry shall pay any reasonable attorney's fees incurred by the other party in the event of litigation. Concessionaire shall pay any reasonable attorney's fees incurred by the County in the enforcement of the agreement other than through litigation, including but not limited to all costs and E attorney's fees in collecting,bankruptcy or reorganization proceedings, or appeal of any such matter. 2 23. Cancellation by Concessionaire - Concessionaire shall have the right upon written notice to Lessor, to cancel this agreement in its entirety upon or after the happening of one or more of the U) following events, if said event or events is then continuing: a) the issuance by any court of apparent competent jurisdiction of an injunction, order, U c, or decree preventing or restraining the use by Concessionaire of all or any substantial part of the demised premises or preventing or restraining the use of the Airport for usual airport purposes in its X entirety, or the use of any part thereof which may be used by Concessionaire and which is necessary for Concessionaire's operations on the Airport, which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days; b) the default of Lessor in the performance of any of the terms, covenants or conditions N required of it under this instrument and the failure of Lessor to cure such default within a period of Q thirty (30) days following receipt of written demand from Concessionaire to do so, except that if by 00 reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Concessionaire shall have the right to cancel if Lessor shall have failed to commence to remedy such default within said thirty (30) days following receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence the curing thereof, c) the inability of Concessionaire to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days,because of(i) any law, (ii) any rule, order,judgment, decree,regulation, or other action or non- U) action of any Governmental authority, board, agency or officer having jurisdiction thereof, d) if the fixed improvements placed upon the demised premises are totally destroyed or 0 so extensively damaged that it would be impracticable or uneconomical to restore the same to their N previous condition as to which Concessionaire is the sole judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Lessor and Concessionaire, Lessor receiving the same proportion of such proceeds as the then expired portion of the lease term bears to the full term hereby granted, and Concessionaire receiving the balance thereof. If the damage results from an insurable cause and is only partial and such that the said fixed improvements can be restored to their prior condition within a reasonable time, then Concessionaire shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this agreement shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Concessionaire; e) in the event of destruction of all or a material portion of the Airport or the Airport facilities or in the event that any agency or instrumentality of the United States Government, or any state or local government occupies the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, or a limitation of the supply of automobiles or of automobile fuel, supplies, or Packet Pg. 2163 1.6.b parts for general public use, and any of said events results in material interference with Concessionaire's normal business operations or substantial diminution of Concessionaire's gross revenue from its automobile rental concession at the Airport, continuing for a period in excess of fifteen (15) days; f) in the event that at any time prior to or during the term of this Agreement, Concessionaire's presently existing right to operate an automobile rental concession at the Airport is withdrawn, canceled, terminated, or not renewed by County; g) the taking of the whole or any part of the demised premises by the exercise of any right of condemnation or eminent domain; h) if at any time during the basic term hereof or the option periods, the Airport or terminal building is removed to a place more than three (3)road miles in distance from its present ' location. 24. Concessionaire's Reserved Ri _ghts -Nothing contained in this Agreement shall limit or restrict-Nothing contained in this Agreement shall limit or restrict U) in any way such ]awful rights as Concessionaire may have now or in the future to maintain claims against the federal, state, or municipal government, or any department or agency thereof, or against U any interstate body,commission or authority,or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or occupation, by condemnation or M otherwise, of all or a substantial part of the demised premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Concessionaire's use and enjoyment of the demised premises for the purposes hereinabove set forth; and Lessor hereby agrees w to cooperate with Concessionaire in maintenance of any just claim of said nature, and to refrain from N hindering, opposing, or obstructing the maintenance thereby by Concessionaire. Q 00 c� 25. Assignment and Subletting - The premises may not be sublet, in whole or in part, and Concessionaire shall not assign this agreement without prior written consent of Lessor, nor permit any transfer by operation of law of Concessionaire's interest created hereby, other than by merger or consolidation. 26. Other Use - Concessionaire shall not use or permit the use of the demised premises or any part thereof for any purpose or use other than an authorized by this Agreement. U) a� c� 27. Liens - Concessionaire shall cause to be removed any and all liens of any nature arising out 0 of or because of any construction performed by Concessionaire or any of its Concessionaires or sub- N Concessionaires upon the demised premises or arising out of or because of the performance of any 0 work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of Concessionaire. 28. Time - In computing Concessionaire's time within which to commence construction of any fixed improvements or to cure any default as required by this Agreement, there shall be excluded all E delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or other causes beyond Concessionaire's control. 29. Paragraph Headings - Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 30. Notices - Any notice of other communication from either party to the other pursuant to this Agreement is sufficiently given or communicated if sent by a nationally recognized express mail Packet Pg. 2164 1.6.b service, or by registered mail, with proper postage and registration fees prepaid, addressed to the parry for whom intended, at the following addresses: For Lessor: Concessionaire: County Administrator 1100 Simonton St. Key West, FL 33040 And Senior Director of Airports ' 3491 S. Roosevelt Blvd. Key West, FL. 33040 And U) Monroe County Attorney's Office 1111 121h St Suite 408 U Key West, FL. 33040 a� or to such other address as the parry being given such notice shall from time to time designate to the other by notice given in accordance herewith. w 31. Severability - If any term, covenant, condition or provision of this Agreement (or the N application thereof to any circumstance or person) shall be declared invalid or unenforceable to any Q extent by a court of competent jurisdiction,the remaining terms,covenants,conditions and provisions 00 of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The Lessor and Concessionaire agree to reform the Agreement to replace any stricken provision with a valid d provision that comes as close as possible to the intent of the stricken provision. U) 32. Binding Effect ffect - The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Concessionaire and their respective legal 0 representatives, successors, and assigns N 33. Authority - Each parry represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate :5 action, as required by law. 34. Adjudication of Disputes or Disagreements - County and Concessionaire agree that all E disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 35. Cooperation - In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, County and Concessionaire agree to participate, to the extent required by the other parry, in all proceedings, Packet Pg. 2165 1.6.b hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Concessionaire specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 36. Code of Ethics - County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. a� 37. No Solicitation/Payment - The County and Concessionaire warrant that, in respect to itself, it has neither employed nor retained any company or person,other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, U) company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award U or making of this Agreement. For the breach or violation of the provision,the Concessionaire agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, M to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. w 38. Public Records Compliance - Concessionaire must comply with Florida public records law, N including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Q Constitution of Florida. The County and Concessionaire shall allow and permit reasonable access to, 00 and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and make or received by the County and Concessionaire in conjunction with the Agreement and related Agreement performance. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Concessionaire. Failure of the Concessionaire to abide by the terms of this provision shall be deemed a material breach of this Agreement and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, be entitled U) to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of this Agreement. 0 Concessionaire is encouraged to consult with its advisors about Florida Public Records Law N in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this Agreement,the Concessionaire is required to: a) Keep and maintain public records that would be required by the County to perform the service. b) Upon receipt from the County's custodian of records,provide the County with a copy E of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this subsection or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Concessionaire does not transfer the records to the County. d) Upon completion of the Agreement, transfer at no cost, to the County all public records in possession of the Concessionaire or keep and maintain public records that would be required by the County to perform the service. If the Concessionaire transfer all public records to the County upon completion of this Agreement, the Concessionaire shall destroy any duplicate public Packet Pg. 2166 1.6.b records that are exempt or confidential and exempt from public records disclosure requirements. If the Concessionaire keeps and maintain public records upon completion of the Agreement, the Concessionaire shall meet all applicable requirement for retaining public records. All records stored electronically must be provided to the County upon requires from the County's custodian of records, in a format that is compatible with the information technology systems of the County. e) A request to inspector copy public records relating to a County contact must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Concessionaire does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Concessionaire. A Concessionaire who fails to provide the public records to the County or pursuant U) to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. U Concessionaire shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE >_ APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO N THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, 00 BRIAN BRADLEY AT (305) 292-3470, BRADLEY-BRIAN@MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040 E 39. Non-Waiver of Immunity - Notwithstanding the provisions of Sec. 768.28, Florida Statutes the participation of the County and the Concessionaire in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability U) insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. U N 40. Privileges and Immunities - All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,workers' compensation,and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 41. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory Packet Pg. 2167 1.6.b duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 42. Non-Reliance by Non-Parties -No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Concessionaire agree that neither the County nor the Concessionaire or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the E purposes contemplated in this Agreement. 2 43. No Personal Liability - No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her U) individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of U the execution of this Agreement. a� 44. Execution in Counterparts - This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. N N ci 45. Mutual Review - This Agreement has been carefully reviewed by the Concessionaire and the 00 County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. a� 46. County's Reserved Rights _-Notwithstanding anything herein contained that may be,or appear-Notwithstanding anything herein contained that may or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Concessionaire or other Concessionaires on other parts of the Airport. Provided however, U) that during the term of this Agreement, Lessor agrees not to offer terms to other on-airport rental car concessionaires on terms more favorable than those contained in this Agreement. If Lessor enters 0 into an agreement with another on-airport rental car concessionaire on terms more favorable than N those contained herein, the more favorable terms shall be offered to Concessionaire and at 0 Concessionaire's election this Agreement shall be modified to reflect the more favorable terms as contained in such other agreement. 47. Airport Security a) General. The federal Transportation Security Administration is the federal agency E primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to Packet Pg. 2168 1.6.b conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d) Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by,the airport operator for civil aviation and airport-related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West International Airport as may be set forth in this Agreement. e) Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, E including copying records, to determine compliance of the airport operator or airport tenant with the 2 applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. f) Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport U) operator and approved by TSA, and also agrees to conform its operations and business activities to the requirements of the Airport Security Program. U g) Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR X 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h) Breach of Agreement. Should TSA determine that the airport tenant or one or more N of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act Q as required, and such act or omission is a violation which results in TSA imposing a civil penalty 00 against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSNs Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs 0 incurred in the investigation, defense, compromising, mitigation, or taking of remedial action N measures. If the violation is a third violation, or there are multiple violations in excess of two 0 violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action E measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (2). Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action Packet Pg. 2169 1.6.b measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to E unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after ' receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. g (3) Maximum Violation. If the violation is the first violation attributed to the airport U) tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total U costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, X to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport 3: tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. N The total cost of the training shall be paid for by the airport tenant. If the violation is a second Q violation, or there are multiple violations, that is or are a civil penalty "maximum violation", the 00 airport tenant shall pay to the airport operator the total costs incurred by the airport operator,including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA,to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising,mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. U) (4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt 0 corrective action to ensure that the same or similar violations do not recur. This policy is known as N the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA 0 regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent,invitee, or licensee of the airport tenant,but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA,to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. Survival of Sub-Section. This sub-section 47. (h) shall survive the cancellation or termination of this Agreement and shall be in full force and effect. 48. Incorporation of RFP - The Request for Proposals for Non-Exclusive On-Airport Rental Car Concessions at Key West International Airport issued July 2022 including all issued Addenda are Packet Pg. 2170 1.6.b hereby incorporated into and made a part of this Agreement. 49. Final Understanding - This Lease Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Lease Agreement cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each parry has caused this Lease Agreement to be executed by a duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS E ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA ' By By Deputy Clerk Mayor/Chairman 0 U N ATTEST: THE HERTZ CORPORATION By: By Title: Title: cN cN c14 00 c14 Ci Af 13 0 V E77�Sr� '�MFO Ft M P J µ_ ASS11 U AA7TIO'SN M' �s Cate 12/30/22 � U) U) c� 0 U N E c� Packet Pg. 2171 - ---- ----- M Z}SOH ® I :4u,9 3e44V ti a tV � U ao o� L M � o00 a Q x M H .�.� � a d H v z ca a � o 0 0 V V o Q t �J LL CD EA DC O Q 0 fil Oww �, N � � Jo U W o Q o Q � m � Q Q w U � o � N Z M ❑oo❑ - m O W ui ui N� :m W � � (IUGWGOABV uO!6603UOO ZVOIA-9 MAD) ZZOZ-SZ7I,IUGWGOABV uO!6603UOO ZVOIA-VIMM:11JauayOB11V M s r — / ® N a d ® m / � a L a m f I o yyVVVVV� v. I d I w a \ n d T d N 3 y I 1° I I n P wad Ryyv JPw 4 7 """ i W o _ 1- i 4 f F y n _ r o- url r 0 � t F o e a — ` L i�rvuu r u m nmmm uu u i uuw um u 1 SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE The Hertz Corporation (Company) E ,...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision .2 the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, U) U) 0 deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,gift, or consideration paid to the former County officer or employee." 0 N (Signature) ...... Date, Nov/mber 9 2022 W C14 CN FLORIDA Q STATE OF. C14 00 C14 COUNTY OF: LEE N Subscribed and sworn to(or affirmed) before me, by means of M physical presence or 0 online E notarization, on November 9.2022 (date) by Joshua Blum (name of affiant). He/S#o-*is personally known to me U) U) or has produced (type of identification)as identification. 0 U N NOTARY PUBLIC My Commission Expires,,,, tMADRAVIN W COMMIssM I GG 3MOG E EXPIRES.Nwe"17® &*j&dTjvUNatffyPubkUWJGfiWk= a 53 Packet Pg. 2174 NON-COLLUSION AFFIDAVIT 1, Joshua Blum - of the city of Des Plaines, IL according to law on my oath, and under penalty of perjury, depose and say that a. I am Vice President, Real Estate& Concessions of the firm of The Hertz corporation the bidder making the Proposal for the project described in the Request for Proposals for Non-Excluaive Om-Abad Rental Car Canceslijans_and that I executed the said proposal with full authority to do so; E b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; .2 C. unless otherwise required by law,the prices which have been quoted in this bid have not U) U) been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 0 d. no attempt has been made or will be made by the bidder to induce any other person, U N partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. W N --------------------------------------- N (Signature) C14 00 CN Date:, Wvembe 9,2022 � STATE OF: FLORIDA E COUNTY OF: LEE Subscribed and sworn to(or affirmed) before me, by means of IM physical presence or 0 online notarization, on NayembeE 2 2022 (date) U) U) 0 by Joshua Blum (name of affiant). He/Vk is personally known to me or has produced (type of identification) as 0 U identification. N N(JtAkY'IUbLIC My Commission Expires: --- 211 I A 11IH0 EEe My Be 36 27 86 U W C E XP cOMMISSION I GO 36 EXPIRES:Nov ewJw 17,2023 Rr"M TWu Notmv PAIWWWWWS 0 E 14 Packet Pg. 2175 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: The Hertz Corporation (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of E maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). .2 U) 4. In the statement specified in subsection (1), notify the employees that, as a condition of working U) 0 on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 0 U contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law N of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. N N Q As the person authorized to sign the statement, I certify that this firm complies fully with the above ri 00 requirements. ri N E (Signature) Date: ovem r 9, 2022 STATE OF: FLORIDA U) U) COUNTY OF: LEE 0 Subscribed and sworn to(or affirmed) before me, by means of IM physical presence or 0 online U N notarization, on November 9,2022 (date) by Joshua Blum (name of affiant). He/S4w is personally known to me or X has produced (type of identification)as identification. ot-11 NOTARY PUBLIC My Commission Expires'.� -- ----- E LINDADRAVIN 3M27M6278-1, W COMMMSIM#GO 0 EVIRES:Noveffber 17,2023 eR ftndW ft Nduy PW&Ww*Mm ------------�I i 55 Packet Pg. 2176 1.6.b PUBLIC NISTATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither The Hertz Corporation (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. U) (Signature) 0 Date: N embe 9, 2D22 U STATE F: FLORIDA COUNTY OF: LEE c� Subscribed and sworn to (or affirmed) before me, by means of N physical presence or 0 online00 c� notarization, on November 9, 2022 (date) ci N by Joshua Blum (name of affient). tj j5 or has produced (type of identification) as identification. NOTARY-PUBLIC 0 y CommissionExpires: '®"'' U: i.: WC€ I 17. t0 c� 5 Packet Pg. 2177 1.6.b VENDOR CERTIFICATION REG IN SCRUTINIZED COMPANIES LISTS Project escri tion(s): Rpp for Non-Exclusime OnAirpart Rental,�ar n r Sinnc Respondent Vendor Name; � The Hertz Cor�orairon Vendor FEIN: 13-19305§8 Vendor's Authorized Representative Name and Title Joshua Blum,Vice President Real Estate&Concessions Address: 8501 Williams Road City „Estero State Florida Zip� 33928 . ................ ......... P Phone Number: 239-301-7794 ........................ ............................... Email Address:iblum hertz&gm Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is °2 engaged in a Boycott of Israel. Section 27.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities t0 in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy >- Sector List,or engaged in business operations in Cuba or Syria. ., I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject � company to civil penalties, atto ey's fees,and/or costs. I further understand that any contract with the County may Q be terminated,at the option of the County, if the company is found to have submitted a false certification or has been 00 placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the C14 Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified y: kiva lum ,who is authorized to sign on behalf of the above referenced com Authorized Signature Print Name: - , „ m ....m Title w Vice President Real Estate&Conce so m _ 0 Note:The List are available at the followir Depa ,ment of Management Services Site: U) U) °4tWVyAdnts,ttiw�liWj4axo dbusinesm erati t ,c a he i endor info. ip tt��t fatt ed sus ended di; � criminatory _complaints vendor lists U N E cs 57 Packet Pg. 2178 A 0® CERTIFICATE OF LIABILITY INSURANCE FTE I DA 1.6.b 10/21/21/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: PHONE FAX 200 Public Square,Suite 3760 A/C No Ext: A/C,No): Cleveland,OH 44114-1824 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02051407--GAWU-22-23 wsURERA: National Union Fire Insurance Co. 19445 INSURG obal Holdings,Inc.ED INSURER B: AIU Insurance Cc 19399 Hertz8501 Williams Road INSURER C: ACE Property&Casualty Insurance Company 20699 Estero,FL 33928-3325 0 INSURER D INSURER E: 0 INSURER F: tlf8/ COVERAGES CERTIFICATE NUMBER: CLE-00694371 1-00 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI O INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMB f) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY 3372553 01/01/2022 01/01/2023 EACH OCCURRENCE $ 5,000,1 a CLAIMS-MADE X� OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000, MED EXP(Any one person) $ 10,' PERSONAL&ADV INJURY $ 5,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 6,000,1 N X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 5,000,E JECT OTHER: $ 00 A AUTOMOBILE LIABILITY AL4805386 01/01/2022 01/01/2023 COEaMBINED ident SINGLE LIMIT $ 10Q� N acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ C X UMBRELLALIAB X OCCUR XOOG27936404007 01/01/2022 01/01/2023 EACH OCCURRENCE $ 10,000,1 EXCESS LAB CLAIMS-MADE AGGREGATE $ 10,000,1 DED X RETENTION$ 10000,000 $ B WORKERS COMPENSATION WC01 3755689(AOS) 01/01/2022 01/01/2023 X SPER TATUTE OERH AND EMPLOYERS'LIABILITY B ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N N/A WC01 3755690(CA) 01/01/2022 01/01/2023 E.L.EACH ACCIDENT $ 5,000,' B OFFICE R/M EMBER EXCLUDED? 51(Mandatory in NH) WC013755691(NY) 01/01/2022 01/01/2023 E.L.DISEASE-EA EMPLOYEE $ 5,000,1 f) B If yes,describe under WC013755692 WI 01/01/2022 01/01/2023 DESCRIPTION OF OPERATIONS below ( ) E.L.DISEASE-POLICY LIMIT $ 5,000,1 a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County Board of County Commissioners,its employees and officials are included as Additional Insured in accordance e I' 'a , Af the policy provisions of the General Liability policy. DA ey CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2179 1.6.b AGENCY CUSTOMER ID: CN102051407 LOC#: Cleveland ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Marsh USA Inc. Hertz Global Holdings,Inc. 8501 Williams Road POLICY NUMBER Estero,FL 33928-3325 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance O Auto Dealers AL(AOS) U) r) Policy Number:AL4805390 Carrier:National Union Fire Insurance Company O L) Policy Term:1/1/2022-2023 States Covered:CA Limit$2,000,000 a Shuttle Bus AL AOS Policy Number:AL4805387 w Carrier:National Union Fire Insurance Company N Policy Term:1/1/2022-2023 N States Covered:CA,CO,CT,FL,IL,KY,MI,MO,NC,NY,PA,TX C14 Limit$1,000,000 04 C^ Shuttle Bus AL VA Policy Number:AL4805389 Carrier:National Union Fire Insurance Company Policy Term:1/1/2022-2023 States Covered:VA Limited:$1,000,000 O U) r) Shuttle Bus AL MA U Policy Number:AL4805388 cj Carrier:AIU Insurance Company Policy Term:1/1/2022-2023 States Covered:MA Limit$1,000,000 E U ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2180 REQUEST FOR PROPOSALS FOR Non Exclusive On Airport Rental Car Concessions AT KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA 0 BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Craig Cates,District 1 Commissioner Michelle Coldiron,District 2 Commissioner James K. Scholl, District 3 Commissioner Holly Merrill Raschein,District 5 COUNTY ADMINISTRATOR ROMAN GASTESI Jr. SENIOR DIRECTOR OF AIRPORTS RICHARD STRICKLAND CLERK OF THE CIRCUIT COURT KEVIN MADOK July 2022 TABLE OF CONTENTS NOTICE 1 SECTION ONE 2 Instruction to Respondents SECTION TWO 9 Proposal Specifications SECTION THREE 11 Sample Concession Agreement SECTION FOUR 34 Sample Service Facility Lease Agreement PROPOSAL &REQUIRED RESPONSE FORMS 50 Exhibit A— Current Customer Service Counters 60 Exhibit B—Ready/Return Parking Spaces 61 Exhibit C—Vehicle Preparation Areas 62 Exhibit D—Proposed Concourse A Customer Service Counters 63 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Wednesday, August 31, 2022, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY,FLORIDA Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecounty-fl.gov/bids. The Public Record is available upon request. Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BID Snmonroecounty-fl.2ov, no later than 3:OOP.M., on August 18, 2022. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY,FLORIDA 8-31-22 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please email: omb-purchasini!(&monroecounty-fl.t!ov so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on August 31, 2022. You may call in by phone or internet using the following: Join Zoom Meeting httus://meboce.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) Publication dates: Citizen: Sat, 07/09/2022 Keys Weekly: Thur., 7/7/2022 News Barometer: Fri., 07/8/2022 1 SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION DESCRIPTION The Key West International Airport(KWIA or the Airport) is a federally grant funded facility owned and operated by Monroe County (OWNER or the County). The federal grants impose certain conditions on the grant recipient. Among those conditions is a requirement that the Airport maintain a fee and rental structure for the facilities which will allow the Airport to be as self-sustaining as possible. KWIA hereby requests proposals from all interested and qualified proposers desiring to establish and operate a Non-Exclusive On-Airport Rental Car Concession at the Airport. The OWNER intends to award up to four (4) non-exclusive On-Airport Rental Car Concession Agreements (Agreement or Agreements) to the most qualified proposers offering the highest minimum annual guarantee (MAG) for the first Agreement Year in accordance with the criteria set forth in this Request For Proposals (RFP). The minimum acceptable Minimum Annual Guarantee amount is $600,000. Minimum Annual Guarantee proposals of less than $600,000 will not be considered. The Airport currently has Agreements with three (3) on-airport rental car concessionaires, all of which expire on December 31, 2022. These concessionaires operate from customer service counters in the Airport's arrival concourse (bag claim area), and ready/return vehicle parking spaces in the lower level of the Airport's long-term public parking structure. Two (2) concessionaires have separate lease agreements with the Owner for vehicle preparation activity areas located at the entrance to the Airport, both of which expire December 31, 2022. Exhibits A, B and C attached to this RFP depict these areas. One concessionaire has a separate lease agreement with the Owner for vehicle storage,which expires September 2032,which is not available nor part of this REP. Proposers must have a minimum three (3)years' experience operating/managing a rental car business at a minimum of three (3) commercial airports in the United States which has generated at least $5,000,000.00 in gross revenue per year at each airport; be a part of a nationwide car rental car reservation system; rent vehicles no older than two (2) years of age; maintain vehicles in clean and good working order; and must accept a minimum of three (3) major credit cards as payment for its rental services. A proposer must be a recognized company, corporation, sole proprietary, limited liability company (LLC), or partnership, organized under the laws of the United States of America, must provide written evidence that it is in good standing and authorized to do business in the State of Florida. Each proposer must demonstrate it has adequate financial resources, including but not limited to the ability to provide the appropriate security deposit and insurance as required by the County. Audited financial statements for the proposer's last three (3) fiscal years are required. If such audited financial statements are not available for the proposer, such financial information as is available must be submitted, so as to adequately evidence proposer is able, and currently performs the services requested, and has the financial resources to perform all obligations stipulated in this RFP. A proposer that is a franchisee must demonstrate it is authorized by its franchisor to operate its brands at the Airport. Each Proposer may only submit one Proposal. Each Proposer that meets the minimum qualifications and is determined to be responsive and responsible (Qualified Respondent) will 2 only be awarded one (1) rental car concession at the Airport. Each Qualified Respondent will only be allowed to operate under the brand or trade name(s) listed in its Proposal. The brand and trade name(s) must be 100% owned or controlled by the Qualified Respondent or be licensed for its use. Approval of any changes to a concessionaire's brand or trade names(s) during the term of the Agreement will be made solely at the discretion of the County. 1.02 DEFINED TERMS Terms used in the Instructions to Respondents are defined and have the meanings assigned to them in this RFP. The terms Bidder, Concessionaire, Proposer, and Respondent are synonymous. 1.03 CFC IMPLEMENTATION During the term of the Agreement, Airport management intends to request that the Monroe County Board of County Commissioners implement a rental car Customer Facility Charge ("CFC") for rental car transactions at the Airport. Qualified Respondents agree to fully support the implementation of the CFC. 1.04 DISQUALIFICATION OF RESPONDENTS A. ONE PROPOSAL: Only one proposal from an individual, firm, partnership or corporation under the same or under different names will be considered. In the event evidence is discovered which indicates a Respondent has interest in more than one proposal for the work involved, all proposals in which such a Respondent has an interest may be rejected. B. ETHICS CLAUSE: Any entity submitting a bid or proposal in response to this RFP must execute the enclosed ETHICS CLAUSE. If it is discovered that the entity employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990, the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. C. NON-COLLUSION AFFIDAVIT: Any entity submitting a bid or proposal in response to this RFP must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the respondents, the bid or proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. D. DRUG-FREE WORKPLACE FORM: Any entity submitting a bid or proposal in response to this RFP must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. E. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a 3 contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or perform work as a Concessionaire, supplier, subConcessionaire, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. F. VENDOR CERTIFICIATION REGARDING SCRUTINIZED COMPANIES: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 1.05 EXAMINATION OF CONTRACT DOCUMENTS No oral interpretations will be made to any Respondent as to the meaning of the contract documents. All inquiries or requests shall be submitted in writing to the Airport Business Office, 3491 South Roosevelt Blvd., Key West Florida, 33040 — Attn. Beth Leto or by e-mail at leto- beth@monroecounty-fl.gov. Any inquiry or request for interpretation received seven (7) or more days (excluding Saturdays, Sundays, and holidays) prior to the date fixed for opening of responses will be given consideration. A summary of questions received and answers provided will be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Respondents listed as planholders prior to the established Response opening date. It shall be the Respondents sole responsibility thereafter to download the addendum. Each Respondent shall acknowledge receipt of such addenda in the space provided therefore in the Proposal Form. In case any Respondent fails to acknowledge receipt of such addenda or addendum, its proposal will nevertheless be construed as though it had been received and acknowledged and the submission of its proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the bid documents and each Respondent will be bound by such addenda, whether or not received by it. It is the responsibility of each Respondent to verify that it has received all addenda issued before proposals are opened. 1.06 SITE VISIT A. All Respondents wishing to inspect the proposed available operating areas shall be required to contact the Airport Director's office at(305) 809-5239. B. Site inspections are highly recommended and shall be self-conducted. All respondents wishing to perform a site visit shall sign in with the Airport Director's office prior to visiting the site. Failure by a Respondent to conduct a site visit shall not provide a basis for a protest of the bid award. 4 1.07 AIRPORT SECURITY A. General. The Transportation Security Administration (TSA) is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, 49 CFR 1542, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. 1.08 GOVERNING LAWS AND REGULATIONS A. The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work including but not limited to applicable FAA and TSA regulations and policies. B. Respondent shall be responsible for obtaining any applicable licenses required by Monroe County or the City of Key West before beginning operations. 1.09 PREPARATION OF PROPOSALS A. Signature of the Respondent: The Respondent must sign the Proposal form in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the proposal must be submitted. The Respondent shall state in the proposal the name and address of each person interested therein. 1.10 SUBMISSION OF PROPOSALS The Monroe County Purchasing Department hereby directs that proposals be submitted via email to: OMB-BIDS@monroecounty-fl.gov, no later than 3:00 P.M. on August 31, 2022. Your subject line on the email must read as follows: Key West International Airport Non-Exclusive On-Airport Rental Car Concession August 31, 2022 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your proposal is not rejected due to the file size. Should your proposal documents exceed 25MB or otherwise be rejected or undeliverable to OMB-BIDS@monroecounty-fl.gov, in advance of the 5 proposal opening, please email: omb-purchasing@monroecounty-fl.gov so accommodations for delivery of your proposal can be made prior to the proposal opening. Please be advised that it is the Respondent's sole responsibility to ensure delivery of its proposal and waiting until the proposal opening to address or confirm your proposal submission delivery will result in your proposal being rejected. The proposal opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on August 31, 2022. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/j/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) 1.11 WITHDRAWAL OF PROPOSAL Any proposal may be withdrawn prior to the time scheduled in the Notice of Request for Competitive Proposals for the opening thereof. All other proposals received must remain valid for a period of ninety (90) days from the proposal due date. 1.12 MODIFICATION OF PROPOSALS Written proposal modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Competitive Proposals and received prior to proposal due date and time and marked on the outside: Key West International Airport Non-Exclusive On-Airport Rental Car Concession August 31,2022. 1.13 RECEIPT AND OPENING OF PROPOSALS Proposals will be received until the designated time and will be publicly opened and the names of the responding entities, along with the proposed first agreement year minimum annual guarantee (MAG) amount will be read aloud at the appointed time and place stated in the Notice of Request for Competitive Proposals. Monroe County's representative authorized to open the proposals will decide when the specified time has arrived, and no proposals received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a proposal not properly addressed and identified. 1.14 DETERMINATION OF QUALIFIED RESPONDENT(S) The OWNER reserves the right to reject any and all proposals and to waive technical errors and irregularities as may be deemed best for the interests of the OWNER. Proposals which contain modifications, are incomplete, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the bid documents, may be rejected at the option of the OWNER. 6 1.15 AWARD OF AGREEMENT A. The OWNER reserves the right to reject any or all proposals, or any part of any proposal, to waive any informality in any proposal, or to re-advertise for all or part of the services contemplated. If a proposal is found to be acceptable by the OWNER, written notice will be given to the selected respondent of the acceptance of its proposal and of the award of the Agreement to it following formal approval and acceptance of the proposal at a regularly scheduled meeting of the Monroe County Board of County Commissioners. B. If the award of the Agreement is annulled, the OWNER may award the Agreement to another Respondent, or the concession may be re-advertised as the OWNER decides. C. An Agreement may be awarded to no more than four (4) of the highest responsive conforming Respondents complying with the applicable conditions of the bid documents. D. The OWNER also reserves the right to reject the proposal of a Respondent who has previously failed to perform properly. E. The most responsive proposal(s), along with the recommendation of the Senior Director of Airports and the County Administrator, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. F. Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. 1.16 EXECUTION OF AGREEMENT A Respondent to whom an Agreement is awarded shall be provided and will be required to return to the OWNER two (2) executed counterparts of the prescribed Agreement together with the required 7 certificates of insurance within fifteen (15) days from the date of notice of acceptance of the Respondent's proposal. 1.17 CERTIFICATE OF INSURANCE A. The Concessionaire will be responsible for all necessary insurance coverage which includes, at a minimum: Worker's Compensation (if required) - $1,000,000 Bodily Injury by Accident; $1,000,000 Bodily Injury by Disease, policy limits; $1,000,000 Bodily Injury by Disease, each employee Vehicle Liability- $1,000,000 combined single limit General Liability- $1,000,000 combined single limit Certificates of Insurance must be provided to Monroe County within fifteen days after award of proposal, with Monroe County BOCC listed as "additionally insured" on all except Workers Compensation. If the proper insurance forms are not received within the fifteen days,proposal may be awarded to the next selected respondent. B. The Concessionaire shall carry or shall require any sub-Concessionaire to carry fire and extended coverage insurance, if obtainable, on all fixed improvements erected by Concessionaire or sub-Concessionaire on the demised premises to the full insurable value thereof, it being understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property, but in no event an amount in excess of Concessionaire's or sub-Concessionaire's original cost of constructing said fixed improvements. C. All forms of insurance required above shall be from insurers acceptable to the County. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty days prior notification is given to the County by the insurer. D. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. 8 SECTION TWO PROPOSAL SPECIFICATIONS FOR A NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSION AT THE KEY WEST INTERNATIONAL AIRPORT A. The term of the Concession Agreement will be for five (5)years commencing January 1, 2023. B. The available operating areas consist of four (4) customer service rental car counters in the Airport Terminal as shown in Exhibit A, and a total of 152 ready/return vehicle parking spaces depicted on Exhibit B. It is anticipated that during the term of the Concession Agreement all of the customer service counters will be relocated to the planned new Concourse A terminal currently proposed as shown in Exhibit D. The existing customer service rental car counters as depicted on Exhibit A may be temporarily relocated during the construction of the Concourse A terminal. The Qualified Respondent with the highest MAG proposal will have the first choice of one (1) customer service counter and sixty-one (61) contiguous ready/return spaces; the Qualified Respondent with the second highest MAG proposal will have the second choice of one (1) customer service counter and fifty-one (51) contiguous ready/return spaces; the Qualified Respondent with the third highest MAG proposal will have the third choice of one (1) customer service counter and thirty (30) contiguous ready/return spaces; the Qualified Respondent with the fourth highest MAG proposal will have the fourth choice of one (1) customer service counter and ten(10) contiguous ready/return spaces. The successful Qualified Respondents shall cooperate with one each other to ensure that the locations of their ready/return spaces are such that the entire Ready/Return Area operates efficiently. In the event the successful Qualified Respondents are unable to unanimously agree on locations of their ready/return spaces thirty (30) days prior to the commencement date of the Agreement, the Senior Director shall assign locations in his sole discretion. In addition, the Qualified Respondent with the highest MAG proposal will have its choice of one (1) of the two (2) vehicle preparation areas depicted on Exhibit C. The Qualified Respondents with the second and third highest MAG proposals will share the use of the remaining vehicle preparation area. No vehicle preparation area will be available for the fourth highest Qualified Respondent(if any). 9 In the event there are less than four (4) Qualified Respondents, the Airport reserves the right in the Senior Director's sole discretion to allocate the remaining customer service counter and ready/ready return spaces among the successful Qualified Respondents, or to retain the remaining customer service counter and ready/return spaces for other Airport uses. C. Concessionaire shall be solely responsible for all remodeling, renovation, demolition, construction and improvements necessary for the Concessionaire's operation. All work shall be performed at Concessionaire's sole expense. Prior written approval from the Senior Director of Airports is required prior to Concessionaire commencing any work. D. Concessionaire shall pay the County: 1. The greater of ten percent (10%) of its Gross Revenues (as defined in the Agreement), or the applicable Minimum Annual Guarantee; and 2. Rent as follows: Customer Service Counters: Equal to the then-current terminal rental rate (current rate is $63.02 per square foot)plus 7.0% sales tax. Ready/Return Vehicle Parking Spaces: $12.00 per space per day plus 7.5% sales tax. Vehicle Preparation Areas: $100,000/per area per year,plus 7.5% sales tax; 3. Rental rates will be adjusted annually, by the percentage increase in the Consumer Price Index for urban consumers (CPI-U) for the preceding calendar year or in accordance with the Airport' s standard rates and charges as revised annually, whichever is greater. In the event of a deflationary CPI, no adjustment in the rental rates will be made. 10 SECTION THREE SAMPLE RENTAL CAR CONCESSION AGREEMENT MONROE COUNTY THIS AGREEMENT, hereinafter "Agreement" is made and entered into this day of , 2022 by and between MONROE COUNTY, a political subdivision of the State of Florida,whose address in 1100 Simonton Street, Key West, Florida 33040, hereinafter "County" or "Lessor" and , whose address is hereinafter "Concessionaire". WHEREAS County desires to grant to Concessionaire a non-exclusive right to operate an automobile rental concession at and from Key West International Airport at Key West, Florida hereinafter"Airport";and WHEREAS, Lessor and Concessionaire desire, in connection with said operations, to provide for the leasing by Lessor to Concessionaire of certain space in and around the Airline Terminal at the Airport for the establishment of a Rental Car Concession to accommodate the Concessionaire's customers and provide space for the temporary placement of rental ready vehicles and for other purposes in connection with said operations, all as hereinafter more specifically provided. NOW, THEREFORE, in consideration of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. Premises - Lessor hereby leases to Concessionaire for its use rental car counter space and office # located in the passenger arrivals area at the Airport, containing square feet, said space being designated "Rental Car Counter," as shown on Exhibit A, attachedhereto and made a part hereof; and rental car ready spaces in the parking lot in the area designated on Exhibit B as "Rental Car Ready Area". (a) Ready/Return Space Reallocation: At the end of every second Agreement Year, Concessionaire may request the Lessor to reallocate the Ready/Return Spaces if the Market Share of Concessionaire or any other Concessionaire has changed by more than five percentage points (5%) compared to its Market Share for the previous Agreement Year. Should the Lessor determine, in its sole discretion, to reallocate the Ready/Return Spaces it will do so in accordance with the following formula: (i) the total number of Ready/Return Spaces available for all Concessionaires, multiplied by (ii) Concessionaire's Market Share for the previous Agreement Year, rounded down to the nearest whole number. In the event Lessor approves such reallocation, each Concessionaire shall pay its own costs and expenses associated with such reallocation. Market Share shall mean the percentage of Concessionaire's Gross Revenues during any Agreement Year, as reported by Concessionaire to the Lessor, as compared to the total Gross Revenues of all Concessionaires for that same period. 2. Term—The term of this Agreement is five (5) years commencing January 1, 2023 and expiring on the earlier to occur of date of beneficial occupancy of a future consolidated rental car facility or December 31, 2027. 11 3. Rental and Fees -_Concessionaire, for and during the term hereof shall pay to Lessor for the use and occupancy of the Premises and for the rights and privileges herein granted it at the following scheduled rates and fees: (a) Counter/Office Rental: Counter/Office space shall be paid at the rate of$63.02 per square foot per year,plus sales tax, which includes rental car counter space # as shown on Exhibit A, the area immediately outside of rental car counter space # , and the adjoining office space. On the anniversary date of this Agreement this rate will be adjusted annually by a percentage equal to the percentage increase in the CPI-U for urban consumers for the preceding calendar year. In the event of a deflationary CPI, no adjustment in the rental rates will be made. Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the first day of each calendar month during which this Agreement is in effect. Upon the failure of Concessionaire to pay rent or concession fees when due, the County will be entitled to charge and collect, and Concessionaire will be obligated to pay, a late fee equal to the Federal Reserve Bank of New York prime rate in effect on the date of delinquency plus four percent (FRBNY prime+ 4%) or twelve percent (12%) per annum, whichever is greater. The acceptance by the County of the overdue rental or fee installment plus applicable late fees shall cure what would otherwise constitute a default by Concessionaire under the terms of this Agreement. The County, at its option, however, may refuse a proffered overdue rental or fee installment and late fees, declare a default, and proceed according to paragraph 21 of this Agreement. In the event that any check, draft, or negotiable instrument by which Concessionaire has tendered any rent or fee payment is returned to the County and not honored, whether for insufficient funds or other reason, the County will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) if the check was under $50.00, if the check was $50.00 but under $300.00 the fee is Thirty Dollars ($30.00) and for checks $300.00 and greater the fee is Forty Dollars ($40.00) OR 5% of the check amount whichever is GREATER. Such penalty fee shall also be in addition to the amount of rent or fee due. The acceptance by the County of the rental or fee payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The County, at its option, however, may refuse any proffered rental or fee installment and applicable late fees and penalties, declare a default, and proceed according to paragraph 20 of this Agreement. (b) Rental Car Ready/Return Spaces: Spaces at the rate of $12.00 per space per day plus sales tax. (c) Percentage Fee: 10% of Concessionaire's Gross Revenues. (d) Concession Fee: The Minimum Annual Guarantee (MAG) for the period January 1, 2023 through December 31, 2023 shall be $ . For each successive Agreement year, the MAG shall be eighty-five percent (85%) of the amount of the Percentage Fee due the Authority for the previous January 1st through December 31st period, but in no case less than the MAG for the first Agreement year. The Concessionaire agrees to pay monthly, on or before the fifteenth (15h) day of each calendar month, ten (10) percent of gross revenues for the previous month or one twelfth (1/12) the MAG, whichever is greater. In the event the County determines that the total amount paid during a calendar year (January 1 - December 31) period under this method exceeds the Percentage Fee or the MAG, whichever is greater, for that calendar year period, an adjustment will be made to the monthly concession amount due at the first available opportunity following said determination of the subsequent calendar year period. (e) Customer Facilily Charges: Upon written notice from the County that the Monroe County Board of County Commissioners has authorized the implementation of a 12 Customer Facility Charge at the Airport to pay for future proposed improvements, renovations, upgrades and/or modifications to rental car facilities at the Airport, Concessionaire shall be obligated to collect said charge as of the effective date of the notice. Upon said effective date, Concessionaire shall collect a daily Customer Facility Charge on all vehicle rental transactions with Airport Customers and shall continue to collect and remit said charge until such time as Concessionaire receives written notice form the County to discontinue collection. The Customer Facility Charge shall be identified on a separate line below the sales tax line on the customer's rental contract, in the amount established from time to time by County and shall be described as the "Customer Facility Charge" or "CFC." CFC fees shall be excluded from the definition of gross revenues. Concessionaire must collect the Customer Facility Charge at the time the first payment is made for a qualifying vehicle rental transaction and must remit the full amount of the Customer Facility Charge to County regardless of whether or not the full amount of such Customer Facility Charge is actually collected by Concessionaire from the person who rented the vehicle. If Concessionaire fails to collect the Customer Facility Charge from its customers in the amount established for collection by County, Concessionaire shall nonetheless be liable to County for payment of the Customer Facility Charge proceeds that should have been collected. If Concessionaire fails to remit any Customer Facility Charge proceeds to County, Concessionaire also shall be liable to County for payment of the Customer Facility Charge proceeds that should have been remitted. Concessionaire further acknowledges and agrees that County shall be entitled to the specific enforcement of the provisions of this Section 3(g) and waives any defense it may have to a lawsuit brought by County or any other party in interest for Concessionaire's specific performance of its obligations hereunder. Concessionaire agrees that (i) Customer Facility Charge proceeds are not income, revenue or any other asset of Concessionaire; (ii) Concessionaire has no ownership or property interest in such Customer Facility Charge proceeds; and (iii) Concessionaire hereby waives any claim to a possessory or ownership interest in Customer Facility Charge proceeds. Concessionaire agrees that it holds such Customer Facility Charge proceeds in trust for the benefit of County, and that County (or a trustee on its behalf) has complete possessory and ownership rights to such Customer Facility Charge proceeds. Consistent with the nature of the Customer Facility Charge proceeds as funds held in trust for County, Concessionaire shall separately account, on its books and records, for the Customer Facility Charge proceeds collected by it. Notwithstanding the foregoing, in the event that either(a) it is determined that Concessionaire must, as a matter of law, establish a separate account into which all Customer Facility Charge proceeds must be deposited, or (b) it is determined, by a court of competent jurisdiction, that the failure to maintain the Customer Facility Charge proceeds in a separate account imperils the trust nature of the relationship created by this Section 3(g) and potentially subjects any Customer Facility Charge proceeds held by Concessionaire to a claim (or potential claim) by Concessionaire's creditors, whether in bankruptcy or otherwise, then, in that event, County shall have the right to require Concessionaire to establish a separate account into which all collected Customer Facility Charge proceeds shall be deposited and all interest (if any) on the Customer Facility Charge proceeds held by Concessionaire shall inure to the benefit of, and be payable to, County. Concessionaire shall remit the Customer Facility Charge proceeds held by Concessionaire to County on a monthly in arrears basis on or before the first day of each calendar month following the month in which the Customer Facility Charge proceeds were collected; provided, however, in the event it is determined that Concessionaire must, as a matter of law, 13 remit the Customer Facility Charge proceeds more frequently, Concessionaire shall remit such funds with such frequency as required, but Concessionaire shall not otherwise be required to report or reconcile the amounts remitted other than on a monthly in arrears basis on or before the first day of each month. Concessionaire shall remit the Customer Facility Charge proceeds by electronic funds transfer or other means specifically approved by County in writing. When remitting such Customer Facility Charge proceeds, Concessionaire shall report and reconcile the Customer Facility Charge proceeds remitted by it on a form required by County and shall submit such other and further information as may reasonably be necessary for County to determine any matter related to the Customer Facility Charge proceeds. Concessionaire shall maintain records and controls that are sufficient to demonstrate the correctness of the Customer Facility Charge proceeds collected by Concessionaire and the amount of Customer Facility Charge proceeds paid to County. Such records shall be maintained in accordance with, and subject to inspection and audit as set forth in, Article 5 of this Agreement. (f) SecurityOptions. To provide security for rents, charges and payments required hereunder, Concessionaire will comply with either of the following two options and maintain such security in effect during the term of this Agreement: (i) Concessionaire will post with the County a separate Concession Bond to be maintained throughout the term of this Agreement in an amount approximately equal to the fees and charges payable to the County hereunder for a period of three (3) months, which shall equal $ . Such bond will be issued by a surety company acceptable to County and authorized to do business in the State of Florida, and willbe in a form and content satisfactory to County. OR (ii) Concessionaire will deliver to County a separate irrevocable letter of credit drawn in favor of County upon a bank satisfactory to County and which is authorized to do business in the State of Florida. Said irrevocable letter of credit will be in an amount equal to the estimated fees and charges payable to County hereunder for a period of three months which shall equal (g) Satisfactory Performance. Any release of liability of the surety bond or irrevocable letter of credit required pursuant to Article 3. (h) above will be conditioned on the satisfactory performance of all terms, conditions, and covenants contained herein throughout the entire term of this Agreement and continue one year thereafter_ Notwithstanding the above, these security requirements will at all times be current. Upon termination of this Agreement, the release of liability of the surety bond or Irrevocable Letter of Credit will not occur until the County has successfully conducted an audit in accordance with Article 5 hereof and Concessionaire has paid Authority all amounts due and owing in full. 4. Definition of Gross Revenues - As used herein, the term "Gross Revenues" shall mean the total amount actually charged by Concessionaire for or in connection with the use of a vehicle and any additional services or accessories contracted for, delivered, rented to, or picked up by airport customers, as shown on the vehicle rental contract, regardless of where, how (cash, credit, or barter) or by whom the payment is made or where the vehicle is returned. Unless revenues are expressly and particularly excluded from "Gross Revenue" under this Agreement, such revenues shall be included in Gross Revenue. Revenues derived from sources similar but not identical to those described herein shall also be included in Gross Revenue unless expressly excluded by this Agreement. 14 Gross Revenue will mean all revenues paid or due to Concessionaire arising out of or in connection with its operations at the Airport, including but not limited to: (i) All time and mileage revenues. (ii) All revenues from the sale of liability damage waiver, collision damage waiver, personal accident insurance, or any waiver or other insurance product. (iii) All revenue relating to furnishing and/or replacing fuel provided by COMPANY at the commencement or conclusion of the rental transaction. (iv) Any Concession Recovery Fee (as defined in this Section 4). (v) Daily and weekly service fees for toll transponders or similar license plate recognition services. (vi) Cellular phones and global positioning navigation systems (GPS). (vii) Child restraints. (viii)Drop charges. (ix) Additional driver fees. (x) Underage or overage driver fees. (xi) Guaranteed reservation fees. (xii) Third parry vehicle comps for promotional services rendered as a travel promoter, agent, or otherwise. (xiii) Loss of Use payments by Airport Customers or insurance companies (actual payment amount(s)-not claim amounts(s)) received by Concessionaire in lieu of rent for damage to vehicles, Concessionaire's property, or for loss, conversion, or abandonment of vehicles. (xiv)Vehicle sharing and/or valet services. (xv) All other revenues paid or due to Concessionaire arising out of or in connection with its operations at the Airport unless expressly excluded by this Agreement. Gross Revenue will not include: (a) Amounts of any Federal, State, or municipal taxes and surcharges separately stated on the vehicle rental contract and collected from Airport customers, and which are payable directly to the taxing authority by Concessionaire. No exclusion shall be allowed for taxes levied on Concessionaire's activities, facilities, equipment, or real or personal property, payroll taxes, income taxes, taxes on frequent flyer miles paid directly to the airline, license or tag fees, or other charges which recoup operating costs. (b) CFCs. (c) Amounts for credits, refunds, or adjustments to Airport customers for transactions made at the Airport at the time of, or prior to, the close-out of the rental transaction and shown on the Vehicle Rental Contract (without mark-up or additional fees). Includes customer satisfaction program adjustments applicable to revenues included in Gross Revenue which are subsequently refunded by Concessionaire and recorded and reported in a separately documented account from non-excludable adjustments. Concessionaire forfeits exclusion of all customer satisfaction program adjustments in the event otherwise allowable adjustments are commingled with any non-excludable 15 amounts. Non-excludable adjustments are those which affect amounts already excludable from Gross Revenue (example: taxes) since this would result in a duplicate deduction from Gross Revenue. (d) Any discounts separately stated on the vehicle rental contract which are granted at the time the rental transaction commences and are recorded and reported in separately documented accounts from non-excludable discounts. Concessionaire forfeits exclusion of all discounts in the event otherwise allowable discounts are commingled with any non-excludable amounts. No exclusion shall be allowed for any amount retained by a third party as a financing discount which may apply by reason of Concessionaire's acceptance of credit cards or other credit arrangements. No exclusion shall be allowed for the portion of retroactive rebates, dividends or refunds to any Airport customer upon attainment of a specified volume of rentals attributable to revenue or as part of any other marketing plan which does not list the discount on the vehicle rental contract at the commencement of the rental transaction. (e) Sums received by reason of Concessionaire's disposal of capital assets and/or trade fixtures. (f) Sums received by Concessionaire from its Airport customers, including all associated administrative charges, for traffic tickets, parking tickets, towing charges, impound fees, and other similar governmental fines and charges actually paid by Concessionaire on behalf of such Airport customers (without mark-up or additional fees). (g) Sums received by Concessionaire for pass-through charges collected by Concessionaire from its Airport customers with respect to damage repair, parts replacement, extraordinary cleaning of vehicles, towing and transporting of damaged vehicles rented by such Airport customers, and replacement of keys for such vehicles (without mark-up or additional fees). This exclusion does not include any payments by Airport customers or insurance companies (actual payment amount(s)—not claim amount(s)) received by Concessionaire in lieu of rent for those vehicles ("Loss of Use"payments). (h) Retroactive adjustment by Concessionaire of Gross Revenue designated as volume discounts or rebates, corporate discounts or rebates, or any other designation of any nature, or for any purpose. It is understood and agreed that all losses or chargebacks (including bad debt expenses) are to be borne solely by Concessionaire, and County is to be paid on Gross Revenue without charge or reduction for costs of losses. As indicated above, Loss of Use payments by Airport customers or insurance companies (actual payment amount(s) - not claim amount(s)) received by Concessionaire in lieu of rental fees and charges for those vehicles are considered Gross Revenue. Concessionaire shall not intentionally divert, through direct or indirect means, any of Concessionaire's rental car or related business with Airport customers to off-airport locations of Concessionaire or affiliates of Concessionaire without including the Gross Revenue of such transactions, in Concessionaire's reported Gross Revenue. Any such intentional diversion of Gross Revenue shall constitute a Default under this Agreement and County shall have the right to immediately terminate this Agreement upon 16 determination by County or its auditors that an intentional diversion exists or has occurred. Concessionaire shall not modify its accounting treatment or rename or redefine services or products which under the terms of this Agreement would be subject to the Percentage Fee unless approved in writing by the County. Concession Recovery Fee. County will allow Concessionaire to charge its customers a proportionate share of the concession fee paid by Concessionaire to County based on a percentage (not to exceed 11.11%) of all items leased or sold to the customer that fall within the definition of items composing "Gross Revenue" as defined in Section 4, so long as Concessionaire meets all of the following conditions. (a) Fee shall be titled "Concession Recovery Fee." (b)Fee shall not be included, associated with, or implied as a tax on the customer invoice. (c) Fee shall not be identified, implied, or referred to as a tax or any County imposed charge byanyone employed by or associated with Concessionaire, including counter personnel and reservation agents. 5. Accounting Procedures - The Concessionaire shall keep records of all sales and revenues, whether for cash or credit, whether collected or not from its operations in a manner generally accepted as standard to the automobile rental industry located on Airports. Concessionaire agrees to operate its business upon the Airport so that a duplicate rental agreement invoice, serially pre-numbered, shall be issued for each sale or transaction whether for cash or credit. Concessionaire further agrees that it will make available to Monroe County, a full and complete book of accounts and other records required by the County to provide a true account of all revenues pertaining to its operations under the provisions hereof The County, acting through the Monroe County Clerk of Courts or other authorized representative, shall have the right to inspect and audit the Concessionaire's books of accounts and other records directly generated at the Airport office or otherwise pertaining directly to this agreement. Knowingly furnishing the County a false statement of its gross sales under the provision hereof will constitute a default by the Concessionaire of this agreement and the County may, at its option, declare this Agreement terminated. The Concessionaire retains the right to have its "controller or a representative assigned by its controller to be present during any inspection or audit by the County. Ten (10) business days' notice must be given of intent to audit by the County to allow Concessionaire's controller sufficient time to schedule said presence. 6. Investment by the Concessionaire - All leasehold improvements and their titles shall vest immediately in Monroe County upon their acceptance by the County. Furniture, furnishings, fixtures and equipment will remain the personal property of Concessionaire and may be removed upon the termination of the agreement, provided all of its accounts payable to the County are paid at that time. Leasehold improvements shall include any installation of walls, partitions, doors and windows, any electrical wiring, panels, conduits, service connections, receptacles or lighting fixtures attached to walls, partitions, ceilings or floor, all interior finish to floors, walls, doors, windows or ceilings; and all floor treatments or coverings. other than carpeting, that is affixed to floors; sanitary disposal lines and sinks, commodes, and garbage disposal units; all heating, air treatment or ventilating distribution systems. including pipes, ducts, vent hoods, air handling units and hot water generators; and all refrigerator rooms or vaults and refrigerated waste 17 rooms including refrigeration or ventilating equipment included with same. Any furniture, fixtures, equipment. carpeting and draperies not classifiedas leasehold improvements above shall be the personal property of the Concessionaire. 7. Concessionaire Improvements - Concessionaire has the right during the term hereof, at its own expense, at any time from time to time, to install, maintain, operate, repair and replace any and all trade fixtures and other personal property useful from time to time in connection with its operation on theAirport, all of which shall be and remain the property of Concessionaire and may be removed by Concessionaire prior to or within a reasonable time after expiration of the term of this Agreement; provided, however, that Concessionaire shall repair any damage to the premises caused by such removal.The failure to remove trade fixtures or other personal property shall not constitute Concessionaire a hold-over, but all such property not removed within ten (10) days after Concessionaire receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of the Lessor. 8. Damage and Injury - Concessionaire covenants that it and all of its agents, servants, employees, and independent Concessionaires will use due care and diligence in all of its activities and operations at the Airport and the Concessionaire hereby agrees to repay or be responsible to MonroeCounty for all damages to the property of the County which may be caused by an act or omission on the part of the Concessionaire, its agents, servants, or employees and except to the extent that such damage to the property is covered by insurance required to be provided by the Concessionaire under any provision hereof, or is provided by Monroe County(except subrogation rights of the County's carrier), Concessionaire shall pay, on behalf of the County, all sums which the County shall become obligated to pay by reason of the liability, if any, imposed by law upon the County for damages because of bodily injury, including damages for care and loss of service, including death at any time resulting from bodily injury and because of injury to/or destruction of property. including the loss or use thereof which may be caused by or result from any of the activities, omission, or operations of the Concessionaire,its agents, servants, or employees on the Airport. 9. Other Development of Airport - Monroe County reserves the right to further develop or improve the landing area of the Airport as its sees fit, regardless of the desires or views of the Concessionaire, and without interference or hindrance; provided, however, that in no event can the County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the premises. 10. Terminal Area Planning- Concessionaire acknowledges that Monroe County has Master Plans including terminal area revisions. Concessionaire hereby agrees to cooperate to the fullest with the County, especially in those areas of terminal improvements which may at some time cause relocation of rental car facilities. 11. Concessionaire's Obli_at� - Concessionaire covenants and agrees: (a) to pay the rent and other charges herein reserved at such times and places as the same are payable: (b) to make no alterations, additions or improvements to the demised premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld; (c) to keep and maintain the demised premises in good condition, order and repair during the term of this Agreement, and to surrender the same upon the expiration 18 of the term in the condition in which they are required to be kept, reasonable wear and tear and damage by casualty, not caused by Concessionaire's negligence, riot and civil commotion excepted; (d) to observe and comply with any and all requirements of the constituted public authorities and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Concessionaire or its use of the demised premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of Lessor for administration of the Airport; (e) to pay all taxes assessed or imposed by any governmental authority upon any building or other improvements erected or installed on the demised premises during the term of this agreement; and (f) to control the conduct, manner and appearance of its officers, agents, and employees, and,in the event of any objection from the Director of Airports concerning the conduct, manner or appearance of such persons, Concessionaire shall forthwith take steps necessary to remove the cause of the objection. (g) to staff and operate its Concession seven (7) days per week commencing not less than thirty (30) minutes prior to the first scheduled departing flight and ending not less than thirty (30) minutes after the last scheduled arriving flight, except as otherwise approved in writing by the Senior Director. 12. County's Inspection and Maintenance — The County and its authorized officers, employees, agents, Concessionaires, sub-Concessionaires and other representatives shall have the right to enter upon the demised premises for the following purposes: (a) to inspect the demised premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied and is complying with the terms and conditions of this agreement with respect thereto; or (b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires, pipes, drains, cables and conduits now located on or across the demised premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt or unduly interfere with the operations of Concessionaire, and provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the demised premises by Lessor, Concessionaire or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor. 13. Indemnification/Hold Harmless - Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Concessionaire shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental 19 agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Concessionaire or any of its employees, agents, Concessionaires or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Concessionaire or any of its employees, agents, Concessionaires or other invitees, or (C) Concessionaire's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, Concessionaires or invitees (other than Concessionaire). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this Section will survive the expiration of the term of this lease or any earlier termination of this Agreement. 14. General Insurance Requirements - Prior to the commencement of work governed by this Agreement, the Concessionaire shall obtain, at his/her own expense, insurance as specified below. The Concessionaire will ensure that the insurance obtained will extend protection to all Concessionaires engaged by the Concessionaire. The Concessionaire will not be permitted to commence work governed by this Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Concessionaire shall maintain the required insurance throughout the entire term of this Agreement and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Concessionaire and its Concessionaires until the required insurance has been reinstated or replaced. The Concessionaire shall provide, to the County, as satisfactory evidence of the required insurance, either a Certificate of Insurance or a certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Agreement. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Concessionaire's insurance shall not be construed as relieving the Concessionaire from any liability or obligation assumed under this Agreement or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. a) General Liability Insurance- Coverage shall be maintained throughout the life of this Agreement and include, as a minimum: Premises Operations, Products and Completed Operations,Blanket Contractual Liability, Personal Injury Liability and Expanded Definition of Property Damage. The minimum limits acceptable shall be: 20 $1,000,000 Combined Single Limit(CSL). If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. An Occurrence Form policy is preferred_ If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. b) Workers' Compensation- Prior to the commencement of work governed by this Agreement, the Concessionaire shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Concessionaire shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease, policy limits, and $1,000,000 Bodily Injury by Disease, each employee. Coverage shall be maintained throughout the entire term of this Agreement and shall be provided by a company or companies authorized to transact business in the state of Florida. If the Concessionaire has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Concessionaire's status. The Concessionaire may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Concessionaire's Excess Insurance Program. If the Concessionaire participates in a self-insurance fund, a Certificate of insurance will be required. In addition, the Concessionaire may be required to submit updated financial statements from the fund upon request from the County. c) Vehicle Liability Recognizing that the work governed by this Agreement requires the use of vehicles, the Concessionaire, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of this Agreement and include, as a minimum, liability coverage for: Owned,Non-Owned, and Hired Vehicles. The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. d) Any deviations from these General Insurance Requirements must be requested inwriting on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. e) Concessionaire shall carry fire and extended coverage insurance, if obtainable, onall fixed improvements erected by Concessionaire on the demised premises to the full insurable value hereof, it being understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property, but in no event an amount in excess of Concessionaire's original cost of constructing said fixed improvements. 15. Non-Discrimination - Concessionaire and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Concessionaire and County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These 21 include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972,as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. 16. Rules and Regulations - Concessionaire agrees to observe and obey, during the term of this Agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time, promulgated and enforced by the County and by any other proper authority having jurisdictionover the conduct of the operations at the Airport. 17. Furnishing of Service - The Concessionaire further covenants and agrees that he will, at all times during the continuance of the term hereby demised and any renewal or extension thereof, conduct, operate, and maintain for the benefit of the public, the rental car concession provided for and described herein, and all aspects and parts and services thereof as herein defined and set forth, and will make all such facilities and services available to the public and that he will devote his best efforts for theaccomplishment of such purposes. 18. United States' Requirements - This Agreement shall be subject and subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to the operation or maintenance of the Airport, and execution of which has been or may be required by the provision of the Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreement to include provisions protecting and preserving the rights of Concessionaire in and to the demised premises and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto. 19. Riizht to Amend - In the event that the Federal Aviation Administration or its successor requires modifications or changes in this Agreement, or otherwise, Concessionaire agrees to consent to such amendments, revisions, supplements, or deletions of any of the terms, 22 conditions, or requirements of this Agreement, as may be reasonably required. 20. County's Covenants -The County covenants and agrees that: (a) County is the lawful owner of the property demised hereby, that it has lawful possession thereof, and has good and lawful authority to execute this Agreement; and (b) throughout the term hereof Concessionaire may have,hold and enjoy peaceful and uninterrupted possession of the premises and rights herein leased and granted, subject to performance by Lessor of its obligations herein. 21. Cancellation by County (a) If cancellation is required to accommodate future Airport growth, or cancellation is required due to F.A.A. requirements. County shall provide Concessionaire 90 days' notice. The County, at County expense, shall relocate Concessionaire to an alternate site in accordance with the Key West International Florida Airport ALP. If an alternate site at the Airport is not available, the County will purchase the Concessionaire's leasehold at fair market appraisal value. (b) If any of the following events occur, the Concessionaire shall be deemed to be in default of its obligations under the agreement, in which case Monroe County shall give the Concessionaire notice in writing to cure such default within thirty (30) days, or the concession will be automatically canceled at the end of that time and such cancellation will be without forfeiture, waiver,or release of the County's right to any such of money due pursuant to this Agreement for the full term hereof. (i) if Concessionaire shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Concessionaire; (ii) if any order or decree of a court of competent jurisdiction, Concessionaire shall be adjudged bankrupt, or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state, territory, or possession thereof or under the law of any other state, nation, or government, provided,that if such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become void and of no effect; (iii) if by or pursuant to any order or decree of any court or governmental authority, board, agencyor officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Concessionaire for the benefit of creditors, provided, that if such order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Concessionaire diligently and in good faith contests the same, any notice of cancellation shall be and will become null, void and of no effect; (iv) if Concessionaire fails to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within thirty (30) days following receipt by Concessionaire of written demand from Lessor to do so; (v) if Concessionaire defaults in fulfilling any of the terms, covenants, or conditions required of it hereunder and fails to remedy said default within thirty {30) days following receipt by Concessionaire of written demand from Lessor to do so, or if,by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt 23 by Concessionaire of written demand from Lessor to do so, then, if Concessionaire shall have failed to commence the remedying of such default within thirty (30) days following such written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof, (vi) if the Concessionaire shall desert or abandon the premises for seven (7) consecutive calendar days; (vii) if the concession or the estate of the Concessionaire hereunder shall be transferred, subleased, or assigned in any manner except in the manner as herein permitted; (viii) if the Concessionaire shall fail to pay any validly imposed tax; assessments; utility rent, rate or charge; or other governmental imposition; or any other charge or lien against the premises leased hereunder within any grace period allowed by law, or by the governmental authority imposing the same, during which payment is permitted without penalty or interest(In complying with this subparagraph the Concessionaire does not waive his right to protest such tax,assessment, rent,rate or charge); or (ix) if the Concessionaire fails to provide service as required by specifications for five days during any thirty-day period, unless such failure is caused by an act of God, national emergency or a labor strikeof which the Concessionaire has given the County immediate notice, the concession may be canceled within thirty (30) days of the giving of notice by the County and the Concessionaire shall not be permitted to cure such default. 22. Additional Remedies - In the event of a breach or a threatened breach by Concessionaire of any of the agreements, terms, covenants and conditions hereof, the County shall have the right of injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies, indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Monroe County from Concessionaire after the cancellation or termination hereof shall reinstate, continue or extend the term, or affect any notice previously given to Concessionaire, or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of the County to recover possession of the premises by suit or otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after the commencement of any proceeding, or after a final order for possession of the premises, the County may demand and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, or order; and any and all such monies and occupation of the premises, or at the election of the County on account of Concessionaire's liability hereunder. Theparties agree that any litigation arising out of the agreement shall be brought in Monroe County, Florida,and determined under the laws of the State of Florida. The prevailing party shall pay any reasonable attorney's fees incurred by the other party in the event of litigation. Concessionaire shall pay any reasonable attorney's fees incurred by the County in the enforcement of the agreement other than through litigation, including but not limited to all costs and attorney's fees in collecting, bankruptcy or reorganization proceedings, or appeal of any such matter. 23. Cancellation by Concessionaire - Concessionaire shall have the right upon written notice to Lessor, to cancel this agreement in its entirety upon or after the happening of one or more of the following events, if said event or events is then continuing: (a) the issuance by any court of apparent competent jurisdiction of an injunction,order,or decree preventing or restraining the use by Concessionaire of all or any substantial part of the demised premises or preventing or restraining the use of the Airport for usual airport purposes in its entirety, or the use of any part thereof which may be used by Concessionaire and which is 24 necessary for Concessionaire's operations on the Airport, which remains in force unvacated or unstayed for a period of at least onehundred twenty(120) days; (b) the default of Lessor in the performance of any of the terms, covenants or conditions required of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30)days following receipt of written demand from Concessionaire to do so, except that if by reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Concessionaire shall have the right to cancel if Lessor shall have failed to commence to remedy such default within said thirty (30) days following receipt of such written demand, or having so commenced, shall fail thereafter tocontinue with diligence the curing thereof, (c) the inability of Concessionaire to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, becauseof(i) any law, (ii) any rule, order, judgment, decree, regulation, or other action or non-action of anyGovernmental authority, board,agency or officer having jurisdiction thereof; (d) if the fixed improvements placed upon the demised premises are totally destroyed or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Concessionaire is the sole judge. In any such case,the proceeds of insurance, if any,payable by reason of such loss shall be apportioned between Lessor and Concessionaire, Lessor receiving the same proportion of such proceeds as the then expired portion of the lease term bears to the full tern hereby granted, and Concessionaire receiving the balance thereof. If the damage results from an insurable cause and is only partial and such that the said fixed improvements can be restored to their prior condition within a reasonable time, then Concessionaire shall restore the same with reasonablepromptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this agreement shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Concessionaire; (e) in the event of destruction of all or a material portion of the Airport or the Airport facilities or in the event that any agency or instrumentality of the United States Government, or any state or local government occupies the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, ofnormal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, or a limitation of the supply of automobiles or of automobile fuel, supplies, or parts for general public use, and any of said events results in material interference with Concessionaire's normal business operations or substantial diminution of Concessionaire's gross revenue from its automobile rental concession at the Airport, continuing for a period in excess of fifteen (15)days; (f) in the event that at any time prior to or during the term of this Agreement, Concessionaire's presently existing right to operate an automobile rental concession at the Airport is withdrawn, canceled,terminated, or not renewed by County; (g) the taking of the whole or any part of the demised premises by the exercise of any right of condemnation or eminent domain; (h) if at any time during the basic term hereof or the option periods, the Airport or terminal building is removed to a place more than three (3) road miles in distance from its present location. 24. Concessionaire's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in any way such]awful rights as Concessionaire may have now or in the future to maintain claims against the federal, state, or municipal government, or any department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or 25 occupation, by condemnation or otherwise, of all or a substantial part of the demised premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Concessionaire's use and enjoyment of the demised premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Concessionaire in maintenance of any just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by Concessionaire. 25. Assignment and Subletting - The premises may not be sublet, in whole or in part, and Concessionaire shall not assign this agreement without prior written consent of Lessor, nor permit any transfer by operation of law of Concessionaire's interest created hereby, other than by merger or consolidation. 26. Other Use - Concessionaire shall not use or permit the use of the demised premises or any part thereof for any purpose or use other than an authorized by this Agreement. 27.Liens - Concessionaire shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Concessionaire or any of its Concessionaires orsub-Concessionaires upon the demised premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises,by or at the direction of Concessionaire. 28.Time - In computing Concessionaire's time within which to commence construction of any fixed improvements or to cure any default as required by this Agreement, there shall be excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or other causes beyond Concessionaire's control. 29.Paragraph Headings - Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 30.Notices - Any notice of other communication from either party to the other pursuant to this Agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: Concessionaire: County Administrator 1100 Simonton St. Key West,FL 33040 And Senior Director of Airports 3491 So. Roosevelt Blvd. Key West, FL 33040 And Monroe County Attorney's Office l l l l l 2th St., Suite 408 Key West, FL 33040 26 or to such other address as the party being given such notice shall from time to time designate to theother by notice given in accordance herewith. 31. Severability - If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The Lessor and Concessionaire agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 32. BindingEffect ffect- The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Concessionaire and their respective legal representatives, successors, and assigns 33. Authority - Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 34. Adjudication of Disputes or Disagreements - County and Concessionaire agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then anyparty shall have the right to seek such relief or remedy as may be provided by this Agreement or byFlorida law. 35. Cooperation - In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Concessionaire agree to participate, to the extent required by the other party, in all proceedings, hearings,processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Concessionaire specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 36. Code of Ethics - County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 37. No Solicitation/Payment - The County and Concessionaire warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employeeworking solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide 27 employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Concessionaire agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 38. Public Records Compliance - Concessionaire must comply with Florida public records law, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Concessionaire shall allow and permit reasonable access to, and inspection of, all documents,records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and make or received by the County and Concessionaire in conjunction with the Agreement and related Agreement performance. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Concessionaire. Failure of the Concessionaire to abide by the terms of this provision shall be deemed a material breach of this Agreement and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of this Agreement. Concessionaire is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this Agreement, the Concessionaire is required to: (a) Keep and maintain public records that would be required by the County to perform the service. (b) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this subsection or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Concessionaire does not transfer the records to the County. (d) Upon completion of the Agreement, transfer at no cost, to the County all public records in possession of the Concessionaire or keep and maintain public records that would be required by the County to perform the service. If the Concessionaire transfer all public records to the County upon completion of this Agreement, the Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Concessionaire keeps and maintain public records upon completion of the Agreement, the Concessionaire shall meet all applicable requirement for retaining public records. All records stored electronically must be provided to the County upon requires from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (e) A request to inspect or copy public records relating to a County contact must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 28 If the Concessionaire does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Concessionaire. A Concessionaire who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Concessionaire shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT (305) 292-3470, BRADLEY-BRIAN@MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 39. Non-Waiver of Immunity - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Concessionaire in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 40. Privileges and Immunities - All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 41. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offeredin satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 42. Non-Reliance by Non-Parties - No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Concessionaire agree that neither the County nor the Concessionaire or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of 29 individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 43. No Personal Liability - No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 44. Execution in Counterparts - This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 45. Mutual Review - This Agreement has been carefully reviewed by the Concessionaire and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 46. County's Reserved Rights - Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Concessionaire or other Concessionaires on other parts of the Airport. 47. Airport Security a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licenseesshall be borne by the airport tenant. b)Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c)Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d) Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport- related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Ivey West International Airport as may be set forth in this Agreement. 30 e) Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. f) Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g) Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h) Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSNs Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, orthere are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (2) Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees 31 involved in the airport tenant's business operations on the airportproperty to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation",the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of 32 correction shall not be considered to be a breach of this Agreement by the airport tenant. Survival of Sub-Section. This sub-section 47. (h) shall survive the cancellation or termination of this Agreement and shall be in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by a dulyauthorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman ATTEST: CONCESSIONAIRE By By Title Title SECTION 4 SAMPLE AIRPORT SERVICE FACILITY LEASE AGREEMENT MONROE COUNTY NOTE: THIS SAMPLE LEASE AGREEMENT WILL BE MODIFIED AS NECESSARY FOR A SHARED USE SERVICE FACILITY THIS LEASE AGREEMENT is made and entered into on the day of , 2022,by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as "Lessor" or "County, and "Lessee" or Tenant." WHEREAS, the Lessor is the owner of the Key West International Airport, hereafter Airport; and WHEREAS, County has awarded the Lessee the right to operate a rental car concession at the Airport for a term commencing January 1, 2023. IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. Premises - Lessor hereby leases to Lessee the Airport area shown on Exhibit A, hereafter the Premises, for use as a rental car vehicle preparation activities area containing a total of square feet and measuring feet by feet. Exhibit A is attached to this Lease Agreement and incorporated by reference. 2. Tenn The term of this Agreement is for five (5) years commencing on January 1, 2023 and terminating on December 31, 2027. 3. Rental and Late Fees a. For the period from January 1, 2023 through December 31, 2023, Lessee agrees to pay monthly rent of$8,333.33 plus sales tax, all of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Effective January 1, 2024 and every January I" thereafter, the rent will be adjusted annually by a percentage equal to the percentage increase in the CPI-U for urban consumers for the preceding calendar year or in accordance with the Airport's standard rates and charges as revised annually, whichever is greater. In the event of a deflationary CPI, no adjustment in the rental rates will be made. Without waiving any other right available to the County upon the failure of Lessee to remit any rental or fee payment, including sales tax, when due, the County will be entitled to charge and collect, and Lessee will be obligated to pay, a late fee equal to the Federal Reserve Bank of New York prime rate in effect on the date of delinquency plus four percent (FRBNY prime + 4%) or twelve percent (12%) per annum, whichever is greater. The acceptance by the County of the overdue rental or fee installment plus applicable late fees shall cure what would otherwise constitute a default by Lessee under the terms of this lease. The 34 County, at its option, however, may refuse a proffered overdue rental or fee installment and late fees, declare a default, and proceed according to paragraph 7 of this lease. In the event that any check, draft, or negotiable instrument by which Lessee has tendered any rent or fee payment is returned to the County and not honored, whether for insufficient funds or other reason, the County will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) if the check was under $50.00, if the check was $50.00 but under $300 the fee is Thirty Dollars ($30.00) and for checks $300 and greater the fee is Forty Dollars ($40.00) OR 5% of the check amount whichever is GREATER. Such penalty fee shall also be in addition to the amount of rent or fee due. The acceptance by the County of the rental or fee payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. b. The Lessee must pay all assessments, taxes, including sales taxes, levied by any governmental body with the power to impose assessments or taxes. 4. Lessee's Improvements - Lessee shall have the right during the term hereof, at its own expense, at any time from time to time: (a) to construct and install in and upon the Premises hereby leased, a building or buildings and such other structures and facilities as it may deem necessary or desirable for the storage, maintaining and servicing of its vehicles hereunder and for such other purposes as may be necessary or desirable in connection with its operation at the Airport,provided, however, that Lessee first shall submit plans and specifications for all fixed improvements to the Director of Airports for approval, which approval shall not be unreasonably withheld. The term "fixed improvements" whenever used in this Lease Agreement shall be construed to include all buildings and other structures erected upon the Premises, all fencing, grading and surfacing with stone and/or hardtop, all underground and overhead wires, cables, pipes, conduits, tanks and drains, and all property of every kind and nature, excluding trade fixtures, which is so attached to any building or structure on the Premises that same may not be removed without material injury to said property or to the building or structure to which same shall be attached. Upon expiration of this Lease Agreement, title to all fixed improvements erected or installed by Lessee in or upon the Premises shall vest in Lessor, excluding, however, Lessee's trade fixtures and personal property, as hereinafter provided. Lessee shall commence construction of any fixed improvements to be erected or installed by Lessee hereunder within a period of four (4) months from and after the approval of the plans and specifications therefor by or on behalf of Lessor, and shall prosecute the work to completion with all due diligence; and (b) to install, maintain, operate, repair and re-place any and all trade fixtures and other personal property useful from time to time in connection with its operations on the Airport, all of which shall be and remain the property of Lessee and may be removed by Lessee prior to or within a reasonable time after expiration of the term of this Lease Agreement, provided, however, that Lessee shall repair any damage to the Premises caused by such removal. The failure to remove trade fixtures or other personal property shall not constitute Lessee a hold-over, but all such property not removed within ten (10) days after Lessee receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of Lessor. It is understood that, for purposes of this Article, the phrase "trade fixtures" shall include, but shall not be limited to, any signs, electrical or otherwise, used to advertise Lessee's business in and about the Premises; all machinery and equipment used in connection with the servicing of automotive vehicles in or about the demised premises, whether or not such machinery or equipment is bolted or otherwise attached to said Premises; any lift hoist, compressor or other mechanical device used to service said automotive vehicles; and all other miscellaneous 35 equipment, including, but not by way of limitation, air conditioning equipment installed in or placed on or about the Premises and used in connection with Lessee's business therein. 5. Existing Leasehold Improvements— Title to any leasehold improvements existing on the Premises on the date of execution of this Lease Agreement shall vest immediately in Monroe County upon expiration of this Lease Agreement. Furniture, furnishings, fixtures and equipment will remain the personal property of Lessee and may be removed upon the termination of this Lease Agreement, provided all of its accounts payable to the County are paid at that time. 6. Utilities -All utilities will be separately metered and billed directly to Lessee. Lessor grants to the Lessee the right of easement necessary to construct, install and maintain, at the sole expense of Lessee, all necessary tap lines and facilities to connect said tap lines to the supply lines of the Lessor and to receive all said utilities and service as hereinabove provided. 7. Termination - This Agreement may be terminated at the discretion of the County in the following circumstances: a) Lessee's right to operate a rental car concession at the Airport expires or is terminated with or without cause. b) Lessee fails to pay any fee,payment or rent when due; c) Lessee fails to obtain the insurance required under this Lease Agreement or allows the required insurance coverage to lapse or fall below the minimum required; d) Lessee otherwise breaches the terms of this Lease Agreement; e) Cancellation is required to accommodate future Airport renovation or growth, or f) Cancellation is required due to F.A.A. requirements. Unless the County has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default/breach under the terms of this Lease Agreement. In the case of the default/breach occurrences described in subparagraphs 7(a), (b), or (c), the Director of Airports shall first give the Lessee a written notification stating the default/breach. The Lessee shall be notified that he has 10 days to correct the default/breach. If the nature of the default/breach is such that it cannot be cured in 10 days, the Lessee shall inform the County in writing of the reason why the default/breach cannot be cured in 10 days and shall provide a written plan showing how the default/breach will be cured in a timely manner. If the Lessee has not corrected the default/breach at the end of the 10 days or if the Lessee has provided a cure plan, which the Lessee has failed to timely and diligently execute, then the County may cancel this Lease Agreement in its discretion. In the case of cancellation occurring as described in subparagraphs 7(d) and (e), County shall provide Lessee 90 days' notice. In the event of cancellation occurring as described in subparagraphs 7(e) and (f) the County, at County expense, shall attempt to relocate the Lessee's operation to an alternate site in accordance with the Airport ALP. If an alternate site at the airport is not available, the County will purchase the Lessee's lease hold at fair market appraisal value. 8. Compliance With Laws, Rules, Regulations— Subordination (a) Lessee agrees to observe and obey, during the term of this Lease Agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time, promulgated and enforced by the County and by any other proper authority having jurisdiction over the conduct of the operations at the Airport. (b) This Lease Agreement and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired 36 the subject property from the United States Of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Owner pertaining to the Key West International Airport. (c) The leased premises and the Airport are subject to the terms of those certain Sponsor Assurances made to guarantee the public use of the Airport as incident to grant agreements between the Lessor and the United States of America. This Lease Agreement and all provisions hereof shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in those certain Sponsor Assurances and any existing or subsequent amendments thereto. 9. Governing Law, Venue, Interpretation Costs, and Fees - This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 10. Attorney's Fees and Costs - The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Lease Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 11. Books, Records, Documents, Certified Operating Report Required - Lessee shall maintain all books, records, and documents directly pertinent to performance under this Lease Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Lease Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Lease Agreement for public records purposes during the term of this Lease Agreement and for four years following the termination of this Lease Agreement. 12. Damage and InjurX - Lessee covenants that it and all of its agents, servants, employees, and independent contractors will use due care and diligence in all of its activities and operations at the Airport and the Lessee hereby agrees to repay or be responsible to Monroe County for all damages to the property of the County which may be caused by an act or omission on the part of the Lessee, its agents, servants, or employees and except to the extent that such damage to the property is covered by insurance required to be provided by the Lessee under any provision hereof, or is provided by Monroe County (except subrogation rights of the County's carrier), Lessee shall pay, on behalf of the County, all sums which the County shall become obligated to pay by reason of the liability, if any, imposed by law upon the County for damages 37 because of bodily injury, including damages for care and loss of service, including death at any time resulting from bodily injury and because of injury to/or destruction of property, including the loss or use thereof which may be caused by or result from any of the activities, omission, or operations of the Lessee, its agents, servants, or employees on the Airport. 13. Other Development of Airport - Monroe County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance; provided, however, that in no event can the County deprive the Lessee of reasonable and direct routes of ingress and egress to the premises. 14. Terminal Area Planning - Lessee acknowledges that Monroe County has Master Plans including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County, especially in those areas of terminal improvements which may at some time cause relocation of Lessee's facilities. 15. Lessee's Obli atg ions- Lessee covenants and agrees: (a) to pay the rent and other charges herein reserved at such times and places as the same are payable; (b) to make no alterations, additions or improvements to the Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld; (c) to keep and maintain the demised premises in good condition, order and repair during the term of this Lease Agreement, and to surrender the same upon the expiration of the term in the condition in which they are required to be kept, reasonable wear and tear and damage by casualty, not caused by Lessee's negligence, riot and civil commotion, excepted; (d) to observe and comply with any and all requirements of the constituted public authorities and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Lessee or its use of the demised premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of Lessor for administration of the Airport; (e) to pay all taxes assessed or imposed by any governmental authority upon any building or other improvements erected or installed on the demised premises during the term of this Lease Agreement; (f) to control the conduct, manner and appearance of its officers, agents, and employees, and, in the event of any objection from the Senior Director of Airports concerning the conduct, manner or appearance of such persons, Lessee shall forthwith take steps necessary to remove the cause of the objection; and (g) No signs, on premises advertising, or awnings may be erected by the Lessee on the premises or elsewhere at the Airport, unless they are approved by the Director of Airports in writing. (h) to carry fire and extended coverage insurance, if obtainable, on all fixed improvements erected by Lessee on the demised premises to the full insurable value hereof, if being understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property, but in no event an amount in excess of Lessee's original cost of constructing said fixed improvements. 16. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the Premises for the following purposes: 38 (a) to inspect the Premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Lessee has complied and is complying with the terms and conditions of this Lease Agreement with respect thereto; or (b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires,pipes, drains, cables and conduits now located on or across the Premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall not disrupt or unduly interfere with the operations of Lessee, and provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the Premises by Lessor, Lessee or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor. 17. Indemnification/Hold Harmless Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and(ill) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this Lease Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Lease Agreement, this Section will survive the expiration of the term of this Lease Agreement or any earlier termination of this Lease Agreement. 18. General Insurance Requirements - The Lessee shall obtain, at its own expense, insurance as specified below. The Lessee shall maintain the required insurance throughout the entire term of this Lease Agreement and any subsequent extensions. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Lessee until the required insurance has been reinstated or replaced. The Lessee shall provide, to the County, as satisfactory evidence of the required insurance, either a Certificate of Insurance or a certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Lessee's insurance 39 shall not be construed as relieving the Lessee from any liability or obligation assumed under this lease or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. a) General Liability Insurance - Coverage shall be maintained throughout the life of this Lease Agreement and include, as a minimum: Premises Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability and Expanded Definition of Property Damage. The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL). If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. b) Workers' Compensation - Prior to the commencement of work governed by this Lease Agreement, the Lessee shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Lessee shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease, policy limits, and $1,000,000 Bodily Injury by Disease, each employee. Coverage shall be maintained throughout the entire term of this Lease Agreement and shall be provided by a company or companies authorized to transact business in the state of Florida. c) Vehicle Liability - Recognizing that the work governed by this Lease Agreement requires the use of vehicles, the Lessee, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of this Lease Agreement and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Vehicles. The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. d) Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. e) Lessee shall carry fire and extended coverage insurance, if obtainable, on all fixed improvements located on the Premises to the full insurable value hereof, it being understood and agreed that for purposes hereof the term"full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property. 19. Non-Discrimination- Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Lessee and County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which 40 prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Lease Agreement. 20. Lessor's Covenants- The Lessor covenants and agrees that: (a) Lessor is the lawful owner of the Premises, that it has lawful possession thereof, and has good and lawful authority to execute this Lease; and (b) throughout the term hereof Lessee may have, hold and enjoy peaceful and uninterrupted possession of the premises and rights herein leased and granted, subject to performance by Lessor of its obligations herein. 21. Cancellation by Lessor — Notwithstanding anything set forth in paragraph 7, if any of the following events occur, the Lessee shall be deemed to be in default of its obligations under this Lease Agreement, in which case Monroe County shall give the Lessee notice in writing to cure such default within thirty (30) days, or this Lease Agreement will be automatically canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the County's right to any such of money due pursuant to this Lease Agreement for the full term hereof: (a) if Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (b) if any order or decree of a court of competent jurisdiction, Lessee shall be adjudged bankrupt, or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state, territory, or possession thereof or under the law of any other state, nation, or government, provided, that if such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become void and of no effect; (c) if by or pursuant to any order or decree of any court or governmental authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall tape possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided, that if such order or decree be stayed or vacated within sixty (60) days after the entry 41 thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and will become null,void and of no effect; or (d) if the Lessee shall desert or abandon the Premises for seven (7) consecutive calendar days. 22. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of the agreements, terms, covenants and conditions hereof, the County shall have the right of injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies, indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Monroe County from Lessee after the cancellation or termination hereof shall reinstate, continue or extend the term, or affect any notice previously given to Lessee, or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of the County to recover possession of the Premises by suit or otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after the commencement of any proceeding, or after a final order for possession of the premises, the County may demand and collect any monies due, or thereafter falling due,without in any manner affecting such notice, proceeding, or order; and any and all such monies and occupation of the Premises, or at the election of the County on account of Lessee's liability hereunder. 23. Cancellation by Lessee- Lessee shall have the right upon written notice to Lessor, to cancel this Lease Agreement in its entirety upon or after the happening of one or more of the following events, if said event or events is then continuing: (a) the issuance by any court of apparent competent jurisdiction of an injunction, order, or decree preventing or restraining the use by Lessee of all or any substantial part of the Premises or preventing or restraining the use of the Airport for usual airport purposes in its entirety, or the use of any part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport, which remains in force unvacated or unstayed for a period of at least one hundred twenty(120) days; (b) the default of Lessor in the performance of any of the terms, covenants or conditions required of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee to do so, except that if by reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if Lessor shall have failed to commence to remedy such default within said thirty (30) days following receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence the curing thereof; (c) the inability of Lessee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of(i) any law, (ii) any rule, order,judgment, decree, regulation, or other action or non- action of any Governmental authority,board, agency or officer having jurisdiction thereof, (d) if the fixed improvements placed upon the Premises are totally destroyed or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Lessee is the sole judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same proportion of such proceeds as the then expired portion of the lease term bears to the full term hereby granted, and Lessee receiving the balance thereof. If the damage results from an insurable cause and is only partial and such that the said fixed 42 improvements can be restored to their prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this Lease Agreement shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Lessee; (e) the taking of the whole or any part of the Premises by the exercise of any right of condemnation or eminent domain; (f) if the Lessee terininates this Agreement pursuant to Section 23(a)-(f) inclusive, no rental or fees shall accrue and neither party shall have any further obligations under the terms of this Lease Agreement after the effective date of the notice. 24. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in any way such lawful rights as Lessee may have now or in the future to maintain claims against the federal, state, or municipal government, or any department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a substantial part of the Premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Lessee's use and enjoyment of the Premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by Lessee. 25. Assignment and Subletting - The Premises may not be sublet, in whole or in part, and Lessee shall not assign this Lease Agreement without prior written consent of Lessor, nor permit any transfer by operation of law of Lessee's interest created hereby, other than by merger or consolidation. 26. Other Use - Lessee shall not use or permit the use of the Premises or any part thereof for any purpose or use other than as authorized by this Lease Agreement unless such purpose or use is expressly approved by the Lessor in writing. 27. Liens - Lessee shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Lessee or any of its contractors or subcontractors upon the Premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of Lessee. 28. Time - In computing Lessee's term within which to cure any default as required by this Lease Agreement, there shall be excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or other causes beyond Lessee's control. 29. Paragraph Headings - Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 30. Notices - Any notice of other communication from either party to the other pursuant to this Lease Agreement is sufficiently given or communicated if sent by registered 43 mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: For Lessee: Senior Director of Airports 3491 S. Roosevelt Blvd. Key West,FL. 33040 And Monroe County Attorney's Office I I 1112th St, Suite 408 Key West,FL. 33040 or to such other address as the parry being given such notice shall from time to time designate to the other by notice given in accordance herewith. 31. Severability - If any term, covenant, condition or provision of this Lease Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Lease Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Lease Agreement would prevent the accomplishment of the original intent of this Lease Agreement. The Lessor and Lessee agree to reform this Lease Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 32. Bindin.I4 Effect - The terms, covenants, conditions, and provisions of this Lease Agreement shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns 33. Authori - Each party represents and warrants to the other that the execution, delivery and performance of this Lease Agreement have been duly authorized by all necessary County and corporate action, as required by law. 34. Adjudication of Disputes or Disagreements - Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. if no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Lease Agreement or by Florida law. 35. Cooperation - In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease Agreement, Lessor and Lessee agree to participate, to the extent required by the other parry, in all proceedings,hearings,processes, meetings, and other activities related to the substance of this Lease Agreement or provision of the services under this Agreement. Lessor and Lessee 44 specifically agree that no party to this Lease Agreement shall be required to enter into any arbitration proceedings related to this Lease Agreement. 36. Code of Ethics - Lessor agrees that officers and employees of the Lessor recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 37. No Solicitation/Payment- The Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease Agreement. For the breach or violation of the provision, the Lessee agrees that the Lessor shall have the right to terminate this Agreement without liability and, at its discretion, recover the full amount of such fee, commission,percentage, gift, or consideration. 38. Public Access - The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease Agreement; and the Lessor shall have the right to unilaterally cancel this Lease Agreement upon violation of this provision by Lessee. 39. Non-Waiver of Immunity - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Lessor and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 40. Privileges and immunities - All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 41. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or Statutory Duties. This Lease Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 45 42. Non-Reliance by Non-Parties - No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and the Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease Agreement. 43. No Personal Liability - No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Lessor in his or her individual capacity, and no member, officer, agent or employee of Lessor shall be liable personally on this Lease Agreement or be subject to any personal liability or accountability by reason of the execution of this Lease Agreement. 44. Execution in Counterparts - This Lease Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Lease Agreement by signing any such counterpart. 45. Lessor's Reserved Rights - Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this Lease Agreement are non-exclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the Airport. 46. Covenant of No Interest - Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease Agreement, and the only interest of each is to perform and receive benefits as recited in this Lease Agreement. 47. Attestations - Lessee agrees to execute such documents as the Lessor may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 48. AIRPORT SECURITY a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as 46 defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County,Florida, its elected and appointed officers, and its employees. d) Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West Airport, as may be set forth in this Agreement. e) Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. f) Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator,with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g) Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h) Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (2). Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty"moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties 47 imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (3). Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taping of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking 48 of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. (5). Survival of Sub-Section. This sub-section 48.h) shall survive the cancellation or termination of this Agreement and shall be in full force and effect. 49. Mutual Review - This Lease Agreement has been carefully reviewed by the Lessee and the Lessor. Therefore, this Lease Agreement is not to be construed against either party on the basis of authorship. 50. Final Understanding - This Lease Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Lease Agreement cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each party has caused this Lease Agreement to be executed by a duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (LESSEE) ATTEST: By By: Title: Title: 49 PROPOSAL FORM The Proposal shall be submitted on the forms included in this section of the RFP Documents as previously instructed therein. Item Description 1. Proposal Form 2. Lobbying and Conflict of Interest Clause (Ethics Clause) 3. Non-Collusion Affidavit 4. Drug Free Workplace 5. Public Entity Crime Statement 6. Vendor Certification Regarding Scrutinized Companies List 7. Monroe County Occupational License (Current copy to be submitted with Proposal) 50 PROPOSAL FORM TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 2-213 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 FROM: Based upon the tenns, provisions and conditions of this RFP, the undersigned hereby agrees, for the right and privilege of operating a non-exclusive on-airport rental car concession at the Key West International Airport ("Airport"), in addition to paying the other fees and charges set forth in the concession agreement("Agreement") to pay to Monroe County ("County"), the greater of ten percent (10%) of its Gross Revenues (as defined in the Agreement), or the following Minimum Annual Guarantee, which Minimum Annual Guarantee shall be as follows: Minimum Annual Guarantee: $ MINIMUM ANNUAL GUARANTEE PROPOSALS OF LESS THAN $600,000.00 WILL NOT BE CONSIDERED. The undersigned will be permitted to operate at the Airport using up to three (3) brand/trade names only if the brand/trade names are 100% owned or licensed to the undersigned. The undersigned intends to operate at the Airport using the following brand/trade names that are 100% owned or licensed to undersigned: 1. 2. 3. The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of- NON-EXCLUSIVE RENTAL CAR CONCESSION AT KEY WEST INTERNATIONAL AIRPORT The Proposer, in submitting the foregoing proposal, agrees to comply with all contract specification documents. I acknowledge receipt of Addenda No. (s) 51 (Check mark(J)items below, as a reminder that they are included.) I have included the Proposal which entails: Proposal Form ; Ethics Clause ; Non-Collusion Affidavit ; Drug Free Workplace Form ; Public Entity Crime Form ; and Vendor Certification regarding Scrutinized Companies List In addition, I have included a current copy of Monroe County Occupational License ; Insurance Agent Statement ; and all requirements as stated in Section One, Article 1.04 Paragraphs A through F. Print Name Title Mailing Address: Telephone: Fax: Date: Signed: Witness: 52 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Ij (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 53 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 54 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 55 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: 56 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, 1 hereby certify that the company identified above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: htip://,A-ww.dms.myflorida.com/business_operations/state purchasing/vendor_information/convicted_suspended_dis criminatory_complaints_vendor lists 57 INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an"X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the respondent sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Workers' Compensation Statutory Limits WC1 X Employers Liability $1,000,000/$1,000,000/$1,000,000 GENERAL LIABILITY As a minimum, the required general liability coverage will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition Of Property Damage Required Limits: GL1 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Owned; Non-owned; and hired Vehicles Required Limits: VL1 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit 58 INSURANCE AGENT STATEMENT I have reviewed the above requirements with the respondent named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 59 Addendum No. 1 July 8, 2022 Non-Exclusive On-Airport Rental Car Concessions at the Key West International Airport Monroe County, Florida RFP-449-0-2022/la 4 F Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DAVID RICE, DISTRICT 4 MAYOR CRAIG CATES, DISTRICT 1 MAYOR PRO TEM MICHELLE COLDIRON, DISTRICT 2 COMMISSIONER JAMES K. SCHOLL, DISTRICT 3 COMMISSIONER HOLLY MERRILL RASCHEIN, DISTRICT 4 COMMISSIONER ADDENDA NO. 1 July 08, 2022 NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT THE KEY WEST INTERNATIONAL AIRPORT Pursuant to the terms of the Request for Proposals for Non-exclusive On-Airport Rental Car Concession at the Key West International Airport,the County is issuing the following response to the general inquiries/questions received. The request/question will be restated verbatim followed by the County's response. The following question(s)/request(s) were received by the County on July 7, 2022: Question 1. There is no mention of a Mandatory pre-proposal conference. Please advise on date and time. Answer 1. The mandatory pre-bid meeting is scheduled for July 14, 2022 at 1:30 p.m. EDT at the Key West International Airport, 3491 South Roosevelt Blvd., Key West, Florida, 2n6 Floor Administrative Office Conference Room. Question 2. Exhibits A-D have not been uploaded into Demand Star. Please advise when these will be uploaded. Answer 2. Exhibits A-D are attached to Addendum No. 1. Question 3. In the Legal Notice, there are conflicting due dates. It appears that the County intends to use August 3111 as the due date. Please confirm. The Weare" Count • ur-chasing fi.yev,- n iater.1i7i7rr2:0�s0 AM., en August 18,- 2022a . Answer 3. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS@monroecounty fl.gov, no later than 3:00 P.M., on August 31, 2022. Question 4. Is the bid due August 181h?August 31"? legal notice has both dates.... RFP states 8/31.....see 1.10. Answer 4. See Answer 3. This Addendum No. 1 consists of one (1) page and four(4)attachments. 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I w , 40, u „ m I m �II n � "•„ r' N Ss, eRk INA ,liu ua LLI t � 0 �r �� 0 , m 4 t- O h LU t- Z U_ m I- 0 F- p F- H-w W LL WLL W LL LL L w ra z v) _J. 0 w O u> U) O D M V)m W M V)rn V)t�D U)N- uN'J u9 cp J LfY W W w - `[ z z z w o a o o' p ....., -74 _,' ......er 6 a 0 ,...,.,.. i uj .. .,. a Vim......, a "u IAJ S a� a UA C-LL 1 Zo {.y I- m y N LL Juj LL d Q *� Imo Q c i JLL o .., mo m . w 0 N C7 U C7 U ZU >' IL d r `,o 4 k I 1 ¢C1 w�w w z z z wo cc 0 c c, KRO ,& 77 LL )p ) LU Za _ o O i �uj 0,.�� o -,% g aa e lai i CL 4L �9 . Cc d I U. ff co 0 11 Addendum No. 2 August 2, 2022 Non-Exclusive On-Airport Rental Car Concessions at the Key West International Airport Monroe County, Florida RFP-449-0-2022/la Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DAVID RICE, DISTRICT 4 MAYOR CRAIG CATES, DISTRICT 1 MAYOR PRO TEM MICHELLE COLDIRON, DISTRICT 2 COMMISSIONER JAMES K. SCHOLL, DISTRICT 3 COMMISSIONER HOLLY MERRILL RASCHEIN, DISTRICT 4 COMMISSIONER ADDENDA NO. 2 August 2, 2022 NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT THE KEY WEST INTERNATIONAL AIRPORT Pursuant to the terms of the Request for Proposals for Non-exclusive On-Airport Rental Car Concession at the Key West International Airport, the County is issuing Addendum #2 to change the bid opening date to September 29, 2022. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS@monroecounty- fl.gov, no later than 3:00 P.M., on September 29, 2022. This Addendum No. 2 consists of one (1) page and zero (0) attachments. END OF ADDENDUM No. 2 Addendum No. 3 September 15, 2022 Non-Exclusive On-Airport Rental Car Concessions at the Key West International Airport Monroe County, Florida RFP-449-0-2022/la i; Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DAVID RICE, DISTRICT 4 MAYOR CRAIG CATES, DISTRICT 1 MAYOR PRO TEM MICHELLE COLDIRON, DISTRICT 2 COMMISSIONER JAMES K. SCHOLL, DISTRICT 3 COMMISSIONER HOLLY MERRILL RASCHEIN, DISTRICT 4 COMMISSIONER ADDENDA NO. 3 September 15, 2022 NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT THE KEY WEST INTERNATIONAL AIRPORT Pursuant to the terms of the Request for Proposals for Non-exclusive On-Airport Rental Car Concession at the Key West International Airport, the County is issuing Addendum #3 to change the bid opening date as follows: The Monroe County Purchasing Department hereby directs that bids be submitted via email to: ! A:..A!Q- &Irr 2nmp. i .y:: ILoXgy, no later than 3:00 P.M., on October 19, 2022. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA 10-19-22 This Addendum No. 3 consists of one (1) page and zero (0)attachments. END OF ADDENDUM No. 3 Addendum No. 4 October 11, 2022 Non-Exclusive On-Airport Rental Car Concessions at the Key West International Airport Monroe County, Florida RFP-449-0-2022/la u Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DAVID RICE, DISTRICT 4 MAYOR CRAIG CATES, DISTRICT 1 MAYOR PRO TEM MICHELLE COLDIRON, DISTRICT 2 COMMISSIONER JAMES K. SCHOLL, DISTRICT 3 COMMISSIONER HOLLY MERRILL RASCHEIN, DISTRICT 4 COMMISSIONER ADDENDA NO. 4 October 11, 2022 NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT THE KEY WEST INTERNATIONAL AIRPORT Pursuant to the terms of the Request for Proposals for Non-exclusive On-Airport Rental Car Concession at the Key West International Airport,the County is issuing the following response to the general inquiries/questions received. The request/question will be restated verbatim followed by the County's response. The following question(s)/request(s) were received by the County: July 13, 2022: Question 1: Please allow Proposer to rent vehicles no older than three (3) years of age, given the widespread supply chain issues surrounding vehicle sales. Answer 1: Agreed. Question 2: You ask for a separate email with "financial information." Please confirm you are referencing financial statements such as annual reports on form 10-K to the SEC. If so, our reports are voluminous (our recent report is 54831<13). Please allow us to provide the link to the URL where our reports are posted online instead of the physical report. Answer 2: Yes, the annual reports on form 10-K to the SEC providing a comprehensive summary of a company's financial performance is sufficient. A link to the URL where the financials are posted is acceptable. Question 3: Please provide historical market share numbers for the industry for at least the last three years. Answer 3: Please see Attachment#1. Question 4: Though it certainly depends on the outcome of the bids, we would like to discuss what is being contemplated with the "sharing" arrangements of the QTA. Answer 4: The two (2) concessionaires occupying the shared use vehicle preparation area are expected to cooperate with each other regarding the use of that facility. Question 5: Concession Agreement: Please allow the percentage fee to be due on the 20tn following each month, rather than the 15tn Answer 5: Agreed. Question 6: Concession Agreement: Please make the security deposit 25% of year 1 MAG rather than based on estimated payments. Answer 6: Agreed. Question 7: Concession Agreement: Please permit notice to be provided by nationally recognized express mail service. Answer 7: Agreed. July 14, 2022: Question 8: Please confirm that all the terms and conditions specified in the RFP and any/all issued addenda will be incorporated and made a part of the Concession Agreement. Please add language to the RFP and to the Concession Agreement which states: ["The Request for Proposals, including all issued addenda and questions and answers, are hereby incorporated into and made a part of the Concession Agreement."] Answer 8: Agreed. Question 9: Please provide the dimensions of each counter—both the linear footage (length) and square footage. Answer 9: Rental Car Counter 101: 20'6" x 16'0" =328 SF Rental Car Counter 102: 15'0" x 14'0" = 220 SF Rental Car Counter 103: 15'0" x 14'0" = 220 SF Rental Car Counter 104: 15'0" x 20'0" =320 SF Question 10: Please provide the previous five(5)years of Rental Car Company Revenues by Brand, Month and Year. Answer 10: Please see Attachment#1. Question 11: Please provide the previous five (5) years of deplanement and/or enplanement passenger statistics by Month and Year. Answer 11: Please see Attachment#2. Question 12: RFP — Sec. 1.01 6t" paragraph (p. 2-3). Please confirm that if you accept fewer than 4 Proposals, that no additional Concessionaire will be added during the term of the agreement, other than those companies that are successful in this RFP process. Answer 12: Agreed. Question 13: RFP — Sec. 2.B. (p. 9). Customer Service Rental Car Counters. Will the County consider grandfathering counters for incumbent rental car companies—those currently operating at the airport to eliminate unnecessary disruption and relocation costs? Answer 13: Agreed. Question 14: RFP—Sec. 2.B-D. (pp.9-10). Vehicle Preparation Areas. Will the County please confirm that the shared vehicle preparation area would be$50,000/per year for each Concessionaire that would share the 2nd vehicle preparation area? Answer 14: The rent for the shared use vehicle preparation area is to be shared equally between the two concessionaires occupying that area. The initial annual rent is $100,000 with each concessionaire responsible to pay$50,000. Question 15: Has the County completed a current site assessment of each vehicle preparation area and the on-site equipment to ensure all of the equipment is in good working condition? If so, we respectfully request that the County provide a copy to each Proposer for review. Answer 15: The County does not have site assessments for the vehicle preparation areas and on-site equipment. Question 16: Will the County please confirm that the existing tenants of the vehicle preparation areas are required to repair equipment / perform work necessary to ensure all equipment is in good working condition prior to the facility being turned over to a new tenant? If any existing equipment needs to be repaired, then it should be the responsibility of the existing tenant to perform the work prior to the facility being turned over to a new tenant(s). Answer 16: Agreed. In the event an existing tenant does not make the required repairs, the airport will allow the new tenant(s)to make repairs,with prior approval from the Airport Director and a not to exceed amount, and the Airport will provide the new tenant(s) will a rent credit over a set period of time at the discretion of the Airport Director. The Airport will invoice the prior tenant for the repairs that they were required to have performed under their agreement. Question 17: For the shared QTA, will the County please identify dedicated fuel and vacuum position(s) within each vehicle preparation area? Answer 17: For the shared vehicle preparation area, the fuel and vacuum positions are assumed to be common use. Question 18: If necessary, at the shared QTA, would the County be willing to reimburse the tenant(s) for the installation of additional fuel dispensers or vacuum drops? This reimbursement could come in the form of rent abatement. Obviously, the shared QTA RACS would have to provide the airport with a plan for review and approval prior to commencing any work. Answer 18: Agreed, with prior approval from the Airport Director and a not to exceed amount. Question 19: RFP — Sec. 2.D.3. (p.10). Rental Rate Annual Adjustment. Will the County please cap any annual rental rate adjustment,whether the CPI-U or the Airport's standard rates and charges,to no more than three percent (3%) per year? Answer 19: Respectfully declined. July 15, 2022: Question 20: Can we please move the bid due date to mid-September?We discussed this at the pre bid meeting. I am fine with making the start date retroactive if necessary. Answer 20: Per this Addendum #4,the revised bid due date is no later than 3:00 p.m. on November 10, 2022. Question 21: Can we please grandfather the counters for successful incumbent bidders--- if not please make the counter move by 2/1/23.This was also discussed at the Prebid. Answer 21: Agreed, counter relocations may occur effective 2/1/2023. Question 22: May I have the square footage of each counter/location as well as the linear footage. Answer 22: Please see Answer#9 above. Question 23: Please supply the revenue numbers, by brand for each brand at Key West for the past 5 years. Answer 23: Please see Attachment#1. Question 24: Section one, page 2, 3rd and 4t"full paragraphs asking about experience, last 3 years of financials statements, etc.—please waive submission of this for incumbent operators on the airport. In the alternative—if not waived just reserve the right to request its submissions after the bid. Answer 24: Respectfully declined,the submission of the last three years of financial statements is required by the competitive bidding procedures codified under Monroe County Code section 2- 347(h)(5)h and cannot we waived; however, see Answer#2 to Question#2 Question 25: Please verify that Monroe county/ Key West airport will own the fuel tanks at both QTA's and be responsible for all environmental issues/filings and compliance. Answer 25: Yes effective January 1, 2023 when the current lease agreements expire. Question 26: Please verify that you will be installing card readers at the fuel pumps PRIOR to the sharing beginning. Answer 26: Yes, the Airport will have card readers installed at the shared QTA site. The two respondents that will share the QTA will be responsible for ordering fuel and paying fuel vendors invoice. Question 27: Please verify the monthly rent if you share the QTA facility. Answer 27: Please see Answer#14 above. Question 28: Please agree not to issue any addendum/modifications to the bid closer than 2 weeks prior to due date. Answer 28: Agreed. Question 29: As discussed at the Prebid—please verify how the selection/location of the RR spaces will be handled. Answer 29: Please see Attachment#3. July 18, 2022: Question 30(A): ALL DOCUMENTS RELATED TO THE MONTHLY REMITTANCE OF AIRPORT CONCESSION FEES BY RENTAL CAR COMPANIES THAT HAVE ENTERED INTO A CONCESSION AGREEMENT AT THE KEY WEST INTERNATIONAL AIRPORT SINCE 2016 THROUGH CURRENT. Answer 30(A): Please see Attachments#4. Question 30(B): ANNUAL SUMMARY REPORT WHICH IDENTIFIES THE TOTAL REVENUE REPORTED AND TOTAL CONCESSION FEES PAID BY YEAR AND IDENTIFIES THE CONCESSIONAIRE IS AGREEABLE. Answer 30(B): Please see Attachment#1. Question 31: ANY AND ALL DOCUMENTS RELATED TO KEY WEST INTERNATIONAL AIRPORT'S EFFORTS TO ATTRACT AIRLINES TO OPEN NEW ROUTES INCLUDING ANY INCENTIVES AGREEMENT THE COUNTY HAS ENTERED INTO WITH ANY AIRLINE SINCE 2019 Answer 31: The last Airline incentive agreement expired prior to 2019. July 20, 2022: Question 32: To the degree it doesn't mess up your timing with meetings, would like to see the bid date pushed to mid-September. Answer 32: Please see Answer#20 above. July 26, 2022: Question 33: Transition Timing: As discussed during the Mandatory Pre-proposal conference, the Proposers requested additional time consideration for the transition of the Premises from the existing areas to new areas after the New Year's holiday. Will the County please maintain the Commencement Date of January 15Y, 2023, but allow 30 days for the future Concessionaires to transition into their selected Premises areas, so that all Concessionaires will be in their respective Premises no later than February 1't 2023? Answer 33: Agreed. Question 34: Airport Service Facilities. After the Mandatory Pre-proposal conference, we performed a self-conducted site walk to evaluate each of the Service Facility sites. Service Facility 1 appears to have been reasonably maintained overall and has newer car wash equipment, whereas Service Facility 2 appears to be in worsening condition to include old car wash equipment, deteriorating buildings and canopies. Given the drastic and differing existing conditions of each site, it would be unfair to the Proposers to not require the existing tenants to bring the service facility site(s)into good condition,order, and repair, reasonable wear and tear aside. Will the County please confirm what work it will require each tenant to perform at each service facility site prior to these Premises being turned over at the expiration of the current Term? Answer 34: Please see Answer#16 above. Question 35: Will the County please confirm that it owns the underground storage tanks for each of the Airport Service Facilities 1 and 2? Answer 35: Yes effective January 1, 2023 when the current lease agreements expire. Question 36: Will the County please confirm that it will take responsibility for pre-existing conditions for each of the Airport Service Facilities 1 and 2? Answer 36: Agreed. Question 37: Will the County please provide a draft copy of the Shared Use Service Facility Lease Agreement for Proposer's to review? Answer 37: It is noted on the sample service facility lease exhibit attached to the RFP, that it will be modified as necessary for a shared use facility. A draft service facility lease will be provided by the County to the successful respondents that will be occupying the shared vehicle preparation facility. The draft lease will be in the substantially similar form as the Sample Service Facility Lease contained in the RFP document and will conform to the County's responses to the Questions contained in this Addendum 44. Question 38: Will the County please confirm that each of the companies represented at the Mandatory Pre-proposal conference are eligible, in qualifications and attendance, to submit a bid proposal in response to the RFP (as indicated below)? Avis Budget Group;Enterprise Holdings,Key West Adventures; The Hertz Corporation. Answer 38: County confirms that the companies represented at the Mandatory Pre-proposal conference are eligible to submit a bid proposal in response to the RFP, as follows: Avis Budget Group; Enterprise Holdings; Key West Adventures;The Hertz Corporation Question 39: RFP—Sec. 1.0161" paragraph (p. 2-3).Will the County please confirm that no concessionaire can ADD a brand during the term, as this should not be open-ended with County discretion? Answer 39: Confirmed. Question 40: RFP —Sec. 1.09 (p. 5). Preparation of Proposals. Will the County please confirm that if a Respondent is a limited liability company (LLC), that the signature of an authorized officer (e.g., Vice President) is acceptable? Answer 40: Yes,the signature of an authorized agent is acceptable. Question 41: CA—Sec. 1.A. (p.11). Ready/Return Space Reallocation. Will the County please confirm that a five percentage (5%) point change for Market Share comparison purposes would mean, for example, an increase in a Concessionaire's Market Share from 20% to 25%, OR a decrease in a Concessionaire's Market Share from 30%to 25%? Answer 41: Confirmed. Question 42: CA—Sec. 3(d) (p. 12). Concession Fee— MAG Abatement. Will the County please add language to provide for abatement of fees in the event of a significant decrease in deplanements? We suggest the following language: ["Abatement of Minimum Annual Guarantee—In the event that(1)for any reason the number of passengers deplaning on scheduled airline flights at the Airport during any period of thirty(30)consecutive days shall be less than sixty percent(60%)of the number of such deplaning passengers in the some period of the preceding calendar year, or in the event that(2)in the opinion of the Board of County Commissioners, the operation of Concessionaire's car rental business at the Airport is affected through no fault of Concessionaire by shortages or other disruption in the supply of automobiles, gasoline, or other goods necessary thereto, and said shortages or other disruptions results in the material diminution in Concessionaire's gross receipts hereunder for a period of at least thirty(30)days, and said shortages or other disruptions are not caused by a labor dispute with Concessionaire, such diminution to be satisfactorily demonstrated by Concessionaire to the Board of County Commissioners, then, in either event, the Minimum Annual Guarantee should be abated for the period of time such condition continues to exist. During said period of time, Concessionaire shall continue to pay to the County ten percent(10%)of gross receipts from the operations hereunder as hereinbefore defined."]. Answer 42: Using EYW CY 2018 as the base year, the Airport agrees that if the annual number of EYW deplaning passengers declines by 40%or more in a calendar year versus the annual number of EYW deplaning passengers in CY 2018,the Concessionaire will owe 10%of gross receipts versus the MAG for that calendar year. Question 43: CA — Sec. 3(e) (p. 13). Customer Facility Charges. Will the County please update both references to "Section 3(g)" in this Section to "Section 3(e)"? Answer 43: Yes will be corrected in final agreement. Question 44: CA—Sec.3(g)(p. 14). Satisfactory Performance.Will the County please update the reference to "Article 3(h)" in this Section to "Section 3(f)"? Answer 44: Yes will be corrected in final agreement. Question 45: CA—Sec.46 (p. 30). County's Reserved Rights. Will the County please consider adding a Most Favored Nations provision to the agreement within Section 46?We suggest the following language: ["In the event that any Agreement granted by the County to any other Rental Car Company shall contain any terms and conditions more favorable to such company than the terms and conditions herein described(other than the number of allocated parking spaces and the location of the concession area, etc.), then this Agreement shall be amended to include such more favorable terms and any offsetting burdens that may be imposed on any such other company. The intent of this provision is to ensure that the County shall give due diligence to ensure all rental car companies will be able to compete on terms as equal as possible with all other rental car companies, and to ensure that no individual rental car company or companies shall enjoy any rights or privileges more favorable to any such individual company or companies than those enjoyed by all rental car companies."]. Answer 45: Respectfully declined; however, County agrees to the following language: "During the term of this Agreement, Lessor agrees not to offer terms to other on-airport rental car concessionaires on terms more favorable than those contained in this Agreement. If Lessor enters into an agreement with another on-airport rental car concessionaire on terms more favorable than those contained herein,the more favorable terms shall be offered to Concessionaire and at Concessionaire's election this Agreement shall be modified to reflect the more favorable terms as contained in such other agreement." Question 46: SFLA—ADD Environmental Matters Section. Will the County please consider adding standard environmental language provisions within the Airport Service Facility Lease Agreement? We suggest the following language attached as Exhibit A. EXHIBIT A Environmental Matters 1. Definition—"Environmental Laws". "Environmental Laws" means any and all federal, state, local laws, statutes, ordinances, rules, regulations and/or common law relating to environmental protection, contamination,the release, generation, production,transport,treatment, processing, use, disposal, or storage of Hazardous Materials, and the regulations promulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency-initiated orders, requirements, obligations, directives, notices, approvals, licenses, or permits, including but not limited to those for the reporting, investigation, cleaning, or remediation of any Hazardous Materials on the Leased Premises. 2. Definition "Hazardous Materials". The term "Hazardous Materials" means any hazardous,toxic or dangerous substance,waste, contaminant, pollutant, gas or material, including,without limitation, gasoline, waste oil and other petroleum products and constituents thereof, which are now or may become regulated under any Environmental Laws. 3. Environmental Representation and Disclosures. (a) Landlord represents and warrants to Tenant that the Premises is in full compliance with all Environmental laws; and Landlord has received no notice of a release of Hazardous Materials originating on or outside of the Premises which affect the Premises., other than those notices previously disclosed to Tenant pursuant to this Section 3. (b) Prior to Commencement Date, Landlord shall provide copies to Tenant of all studies, reports, surveys, or other materials in Landlord's possession relating to the presence of any Hazardous Materials at, on, under or surrounding the Premises (hereinafter "Landlord's Environmental Disclosures"). Other than the past release of Hazardous Materials described in Landlord's Environmental Disclosures, Landlord is not aware of any past or present release of any Hazardous Materials at, on, under or surrounding the Premises and has not received any warning notices, notices of violation, administrative complaints,judicial complaints or other formal or informal notices from any governmental agency or other person alleging that the presence of Hazardous Materials at, under or surrounding the Premises is in violation of, or gives rise to liability under, any Environmental Laws. 4. Environmental Baseline. Unless Landlord has provided Tenant with comparable information, Landlord and Tenant hereby agree that Tenant shall have access to the Premises prior to the Commencement Date to undertake, at its own cost and expense, a Phase I Environmental Site Assessment and Phase II Site Investigation or other appropriate investigation (together the "Investigation") of the Premises in order to establish a baseline of contamination from Hazardous Materials (hereinafter"Environmental Baseline"). The Investigation may include, but shall not be limited to physical examination of the Premises and any structures, facilities, or equipment located thereon, soil samples, groundwater and surface water samples, and review of pertinent records, documents, permits, licenses, and reports that relate in any way to the environmental condition of the Premises. Landlord's acknowledgement shall eliminate any need for Tenant to obtain other permissions for such invasive studies provided the Tenant otherwise abides by the conditions of this paragraph. The Landlord shall be entitled to the following with regard to Tenant's Investigation: (a) Landlord shall be provided a copy of Tenant's testing and sampling plan; (b) Landlord shall be entitled to be present where and when Tenant conducts its sampling; and (c) Landlord shall be entitled to a copy of all data and all reports received by or prepared for Tenant in connection with such Investigation. Tenant shall keep the Premises free and clear of any mechanics' liens or materialmen's liens related to the Investigation of the Premises. Tenant will not be liable or responsible in any way for any Hazardous Materials or contamination found on, under, or migrating to or from,the Premises, unless Tenant has caused such contamination or a release of a Hazardous Substance. 5. Environmental Indemnification. Notwithstanding the specific provisions of this Lease concerning indemnification and without prejudice to any rights and remedies of the parties thereunder, the parties further grant to each other the following environmental indemnification. (a) Landlord and its successors, assigns, trustees, beneficiaries and legal representatives will protect, indemnify, defend and hold harmless Tenant, its officers, directors, shareholders, representatives, and their respective successors and assigns from and against all judgments, suits, proceedings, liabilities, losses, costs,judgments, orders, obligations, damages, expenses or claims (whether by third parties or governmental authorities) arising out of or in any way relating to Hazardous Materials placed, released or existing, in or under the Premises by any person or entity other than Tenant or any person or entity acting for, by or through Tenant or with Tenant's permission, including all Hazardous Materials identified at the Premises in the Environmental Baseline. This indemnity includes, but is not limited to, remedial, removal, response, abatement, cleanup, legal, investigative and monitoring costs, penalties,fines and disbursements (including, without limitation, attorneys', consultants' and experts' fees) of any kind whatsoever, which may at any time be imposed upon or incurred by any indemnitee arising, directly or indirectly, (i) from requirements of any Environmental Laws; (ii) in connection with claims by government authorities or third parties related to the environmental condition of the Premises; and/or(iii)from the presence or existence of Hazardous Materials on, in or near the Premises, including all consequential damages. (b) Tenant and its successors, assigns,trustees, beneficiaries and legal representatives shall protect, indemnify, defend and hold harmless Landlord, its officers, directors, shareholders, representatives, and their respective successors and assigns from and against all judgments, suits, proceedings, liabilities, losses, costs,judgments, orders, obligations, damages, expenses or claims (whether by third parties or governmental authorities) arising out of or in any way relating to any Hazardous Material placed, released or existing on, in or under the Premises by Tenant or any party acting for, by or through Tenant or with Tenant's permission. This indemnity includes, but is not limited to, remedial, removal, response, abatement, cleanup, legal, investigative, and monitoring costs, penalties,fines and disbursements (including, without limitation, attorneys', consultants' and experts' fees) of any kind whatsoever, which may at any time be imposed upon or incurred by any indemnitee arising, directly or indirectly, (i)from requirements of any Environmental Laws; (ii) in connection with claims by government authorities or third parties related to the environmental condition of the Premises; and/or(iii)from the presence or existence of Hazardous Materials on, in or near the Premises, including all consequential damages. (c) In the event that any investigation, monitoring, containment, cleanup, removal, remediation, restoration or other work of any kind or nature ("Remedial Work") is required under any Environmental Laws, or by any governmental or non-governmental entity or person because of, or in connection with the current or future presence, suspected presence, release or suspected release of a Hazardous Material in or into the air, soil, groundwater, surface water or soil vapor at, in, about, under or within the Premises (or any portion thereof), the party who has an obligation to indemnify the other will,within 30 days after written demand for performance thereof by the indemnitee (or within a shorter period of time as may be required under any applicable law, regulation, order or agreement), commence to perform, or cause to be commenced, and thereafter diligently prosecute to completion, all such Remedial Work. All Remedial Work will be performed in full compliance with applicable Environmental Laws. All costs and expenses of such Remedial Work will be paid by the indemnitor, including without limitation,the charges of any contractor(s) and/or environmental consultants, and the attorneys' fees and any costs incurred by the indemnitee in connection with the monitoring or review of such Remedial Work. In the event the indemnitor fails to timely commence or cause to be commenced, or fails to diligently prosecute to completion, such Remedial Work,the indemnitee may, but will not be obligated to, cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, will be reimbursed by the indemnitor. (d) In conducting Remedial Work, Landlord and Tenant agree to work together to approve cleanup criteria and investigation, monitoring, and remediation activities for the Premises that comply with Environmental Laws and are consistent with (i) commercial/industrial uses at the Premises compatible with current zoning, and (ii) with commercial/industrial redevelopment of the Premises in the future. Provided that there is adequate municipal water supply to the Premises, Landlord will not unreasonably withhold approval of an institutional control with respect to the Premises, as may be reasonably required by governmental authorities for issuance of no further action, or similar site closure documentation consistent with this provision. (e) Landlord and Tenant acknowledge and agree that their sole and exclusive remedy with respect to liability under Environmental Law, or directly or indirectly connected or related to Environmental Law, shall be breach of the terms, conditions, obligations and representations set forth in this Lease; and Landlord and Tenant otherwise expressly waive any right to an action under any state, federal, local, or common law. Nothing contained in this Lease will prevent or in any way diminish or interfere with any rights and remedies, including without limitation,the right to contribution, which either party may have against any third party under Environmental Law. Answer 46: Agreed. July 29, 2022: Question 47: Section 1.01—paragraphs 3 and 4—would you deem as a qualified respondent any car rental agency that is currently operating under a rental car concession agreement with Monroe County, and further waive necessity for duplicate financial reports from same. Answer 47: See Answer#24. Question 48: Section 2.b describes four scenarios of division of available asset amongst the highest bidders,with the first three scenarios allocated 75%of the counter space, 100%of the services area, and 97%of the ready/return spaces.This weighted allocation leaves the fourth scenario significantly disadvantaged. Would you consider a more equitable division of the available assets, or at the very least, a reduction of the MAG to the bidder that "wins"fourth place. Answer 48: Respectfully declined. August 26, 2022: Question 49: At this point, would it be possible to slip the due date a couple of weeks? Answer 49: Please see Answer#20 above. August 31, 2022: Question 50: If possible may I request a further postponement in the due date( maybe another 30 days). Answer 50: Please see Answer#20 above. September 1, 2022: Question 51: Request for a minimum two-week delay(for bid opening). Answer 51: Please see Answer#20 above. Question 52: On the "Subject Line" for the email bid response submission, the Legal Notice and RFP instructions differ. Please advise which one is preferred. Answer 52: For the subject line for email bid response submissions, please use the instructions in the legal notice: NON-EXCLUSIVE ON-AIRPORT RENTAL CAR CONCESSIONS AT KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY,FLORIDA 11/10/2022. This Addendum No.4 consists of Twelve(12) pages and four(4) attachments. END OF ADDENDUM No. 4 rv ry vro o Nu o� m a mv ni av � vof wl . v iNronm v o ry ca m ono v v . rv. v . a. Na. v. ^_� a � _ � v � am � v . . v . _ o ry v ry O m a a O �o O m •� •-• O m w v n LITn ry v 6 w Ili ll w -m ry ry m .. m I-ry .. ry .. .. ^ o o v ry o io o v v v m v v w v m w v o o ry ti a nli Lr p1 D o m a o w o o m m n °' vrvvi mo N .nai n m y o^ w, v ll o m y w, v m w �4 m o0 m. v w o o m o �n m io v m o v w m v n m v o w a ry v `w om a w v rmi �n v o o ai o ^ o n o wH w II m ry 1 � � m V 1.N m � 1m trvO 1. 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'r UJ T- z 76 76 th z IL ............ 0 ai 'o 0 o A CC IL f It C� m N 71 M,;;0 rL 2 UJ w Z 00— :cc x UJ Ce Z m 0 I.- m LA. < 0 ty m ui cio 54 LU U9 d CAN, -C cy U- < yG 0 Ln 0 cc 0 j U. > s 0 0 oi uj N co FF (n a W 117, cc cz r E ic w wxTw 0 It - 0 0 LL E F— uj IL 4y 0L w I 4t in 0 m UA CL Q0 uj 0 f4 -CV —1 01 C) z Uj N n 1� I�t 9 0 Ln o-i Z U) Y z M a: It 0 u. ui :o T 40 Lu ccl Z 0 Lu 4Lui py o LL ,& UJ 0 c" cc UJ cc ty ul 0 ul z in a' 2 4 IL 0 o a w cc 0 x w z Lrk U.CA m 0 0 F- S IL JZ C� m N r-I 0 uj Z 00— 0 x uj z 0 *b cl� r-4 x ot N 0 U -c (A AowH "fir uj UJ x ch R c 0 Cd o .......... 2 LL. > j 0) t - 0 O 4A ul L w z UA UL U: F, gu 0 6t Ck at 0 U. G. *r kn 2L w z N uj -J Z �Z LU 0 0 o t! > In Qm U Z X CIL/- 12 0 LL w ui U,0LL Z0 0 o LL cc V,) UJ 0 m0 u ------ UJ z KEY WEST INTERNATIONAL AIRPORT 9,, FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 ( (305)009-S200/Fax(305)292-3578 305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT APRIL 2016 APRIL 2016 ............ ON-SITE RENTAL§_ARA_qLN_CIFS --- ON-$ E 0- TE AP 1, 9Lq&I......... '4 a........... ...... % AVIS 242,856 10 21.1. EF1 IMF, I,IY16,06356 21— REF! IM11 AVIS E5A0E16 3674% IMP —1 I06,11137 36961 W. 11101 BUDGET 294,141 56 25.5. IMF! am,! 11122,90821 23 22%, IMF! IREA BUDGET $72,512. 31 01% xMFl I.Ell 5365j7858 3321% IREFI 1041F I DOLLAR W7,646 36 9 31% IRFF1 IREF, 400,243 06 993% IREF1 IREF- ENTERPRISE 75,30725 32A% IMF1 IRCH 327,84646 2981% REF- HERTZ Z33,209 71 2018, IMH IREF, 1,008,025 69 20— IMF1 10FA Total OR-slt. Percent ch..g. THRIFTY 43,172 97 3 74% —1 IREF! 4— IMP •REF! Total On-Site SREfi *REF! ........... Al IL ...... y �71 7c............. ....... M ENTERPRISE 72,718 06 6.29% IREN IREF1 260,45254 5.55. 'RCH IMF! ALAMO 101,673 32 EA- IMF! IREF, 430,09 R7 8L90% 'ALF, IREF1 NATIONAL 60,338 IF, 5122. IMF, IRE" 257,372 35 5 31% MfI IREF1 ........... , rwWnl Total OH-Slte .................... J& ...............------ _,PIFI _aREFl MONTHLY YEAR-TO-DATE 7 k.l 2016 1,155,75E la TWO TFD-2016 4,836,002 30 TWO 2015 T0.1 YTD-2015 1_RZF1 jmf'— I.Ef, 199P YREF KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (30S) 809-5200/ Fax (30S) 292-3578 1 MARKET SHARE REPORT MAY 2016 KEY WEST ON-SITE RENTAL CAR AGENCIES MAY YEAR-TO-DATE 2016 2015 2016 2015 $ % % % $ AVIS $184,915,33 22.35% 191,207.10 21.21% 1,230,978.83 21.74% 1,135,342.65 20.61% BUDGET 195,207.63 23.59% $ 170,907.31 18.96% 1,318,115.84 23.27% 1,144,785.88 20.78% DOLLAR 69,901.03 8.45% 130,472.41 14.48% 550,144.09 9.71% 696,546.15 12.64% HERTZ 165,350.65 19.99% 187,894.12 20.85% 1,173,376.34 20.72% 1,186,479.11 21.53% THRIFTY 34,293.77 4.14% 63,149.11 7,01% 256,770.85 4.53% 395,676.00 7.18% Total On-Site 649,668.41 743,630.05 4,529,385.95 4,558,829.79 PERCENT CHANGE •12,64% -0.65% OFF-SITE RENTAL CAR AGENCIES MAY YEAR-TO-DATE 2016 2015 2016 2015 ENTERPRISE 55,338.00 6.69% 34,748.75 3.86% 323,790.54 5.72% 263,119.48 4.78% ALAMO 79,120,41 9,56% 87,137.77 9.679/b 509,580.28 9.00% 463,419.83 8.41% NATIONAL 43,235.18 5,23% 35,828.93 3.98% 300,607.53 5.31% 224,594.08 4.08% Total Off-Site 177,i93.59 157,715.45 t 1,133 978.35 951.,133.39 PERCENT CHANGE 12.67% 19.22% MONTHLY YEAR-TO-DATE Total 2016 827,362.00 Total YTD - 2016 5,663,364.30 Total 2015 901 345.50 Total YTD-2015 5,509,963.18 73 983.50 153,401.12 2.78% LM -i Ln LL a% rn 0 C 0 a0 + added P-4 n 0 z ot la- w Zf In uj o Iq UJ z 0 MX c LL (14 ui Z oc tu- CA LU j, 2 OD rt Lq oi ti. z— .j U. 0 uj lz i C6 Vz w 61 R OD 14 In f7 Cl. UA ro .j ui ul Id Ln CK 0 ow 9 75-a > < F-4 M LU Z W Cd w I I I I v 0 #A 0 in < ul '40 co 00,04 2 -9 lz ai In w >* uj leel. :c d 17 .................... (A z L 0 lu :3 0 can r > x z z wu Ul ..................... 0 0 U. 0 C .0 L wV m n rL ul x Z 0 LLj fn I:c 0 ko z ;z x uj -1 0 4t < ul U.J di w .0 cc Ln 0 U. ILI 0 O c MNM o LU — c z LU rL E CL It It J F- Ic ce 4c Z aul A ui S Z ui 0 Ln 0� —1 0 6 0 < rq X U) be Z1! 0 E E X LL ce w U. w -> W, 'n 0 w Z 0 0 cc FLU Vl 0 U . ........... I z 14 6 ri ti z 76 Ul LU . I z 19 0 0 w M � N m a N 4 0 ur N in m W m 9 O CA wcc e m Na M m� 0 zs M +Q m a- W Z .In O , 117 m u $ 00"' r-4 o m m = N x W O "r w 'D. ~ F la N = 6 m U. Q F J "� Vf O U1 Z 47 W ma a ui OI N d Y1 v rn m n �..........., �' m m. C1 y in Z a m 0 2 LL > 4' C e m Im �+ CA IL rdtr m N' '4 W OC W t a � W ~ 6 m �y P m NO m m V P MI P N o a -+ a VPi i+mt h b N l�u 01 m C A 4M 't h O W M m M V"Ph '�4 O Vh N M � Y Q7 h W V F fn J ry a a n r n P m O U. o Yj CL gMfM' qh 0oi 4 M CL. CA Z OW wy 0 -inW N ou a s iM 3 m P m h h m {U UluW Y _tyui r+ U} a N O a .,iA" y b N O V N ,dy3 N m N Oi '18 yb F 1 '+"`�{'• Af. uPi w � pT« b �O umi d�iD- iW W v J �v m m `"- c m m N n 11�T M �X be a W J m H ft '~ UI 2 fA O 4 VI 2 p W C M K J F r c tS 2 2 u W - q - m M toN o Z Z F y W 6 KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT SEPTEMBER 2016 KEY WEST ON-SITE RENTAL CAR AGENCIES e ternber YEAR-TO-DATE 2016 2015 2016 2015 $ % % $ % $ AVIS $139,038.22 22,11% 146,530.73 26.30% 1,699,197.28 21.62% 1,770,803.08 21.34% BUDGET 121,947.57 19.39% $ 117,107.95 21.02% 1,781,556.94 22.67% 1,788,037.42 21.54% DOLLAR 59,032.93 9,39% 37,346.86 6.70% 741,495.66 9.44% 940,347.74 11,33% HERTZ 101,952.66 16.21% 102,799.84 18.45% 1,583,411.53 20.15% 1,713,391.44 20.64% THRIFTY 25,945.79 4.13% 50,794.26 9,12% 349,051.63 4.440/a 586,183.53 7.06% Total On-Site 447,917.17 454,579.64 6,154 713.04 6,798 763.21 PERCENT CHANGE -1.47% OFF-SITE RENTAL CAR AGENCIES SEPTEMBER YEAR-TO-DATE 2016 2015 2016 2015 $ % $ % % $ ENTERPRISE 73,193.20 11,64% 18,155.76 3,26% 548,371.70 6.98% 410,953.37 4,95% ALAMO 68,134.53 10.83% 52,473.41 9.42% 739,753.38 9,41% 737,172.06 8.88% NATIONAL 39,650.40 6.30% 31,875.17 5.72% 415,686.85 5.29% 352,823.38 4.25% Total Off-Site 180,978.13 102,504.34 1,703,811.93 1,500,948.81 PERCENT CHANGE 76.56% 13.52% MONTHLY YEAR-TO-DATE Total 2016 628,895.30 Total YTD-2016 7,858,524.97 Total 2015 557 083.98 Total YTD-2015 8 299 712.02 71,811.32 _ (441,187.05) 12.89% -5.32% KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 overseas Highway,Ste.#200.Marathon,FL 33050 (305)809-5200/Fax(30S)292-3578 r, (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT KEY WEST ON-SITE REN �WL CARAGf_NCff§__ ON-SITE RENTAL CAR AGENCIES 0 YEAR-TO- Oct b YEAR TEI DATE 20, % .......... .......... AVIS 160,67709 10% 17c,339 3H 2472., 1,721,03615 2143% 1,941,13338 2159% AVIS 41,31542 3368. 14,41411 31,11* fi49,91526 1611* 111.21121 1192% BUDGET 162,7N 23 2033% 150.72189 21 87% 1.822,343 60 22 69% 1.930,750 31 2157% BUDGET 45,88454 3717% 51,20262 40,55% 616,060 36 34 61% 651150556 36150. DOLLAR 68,807 66 040% 59,236,74 a 59% 751.270 39 9 36% 999.56648 1112. ENTERPRISE 35.84222 2916% 30,993 01 24 23% 515,70579 2853% 492,316.44 27 58Y. HERTZ 156,596 06 1957% 135,9D7 06 19,72% 1,638,054 93 20 40% 1,049,298 ED 20,57% Total On-Slte Percent Change THRIFTY 26.03240 3 25%� 43,63604 6 33% 319,13824 4 35% 629,019 57 701% Total CE.-Sk. =�� 4-. PERCENT CHANGE ..... 7mmw4nAawa7w°uw OFF-SITE RENT AL CAR A#2EN October-- YEAR -DATE .......... --------------- ._ I ENTERPRISE 113.U9,52 14,22. 25,251.22 3.66% 'mm 734% 436,204.59 4.95% ALAMO 72,74946 9109% 75,990.00 11.03% 744,368.31 9.27% 013,161.1. 9.05. NATIONAL 39,706,49 4.84% 20'"1'99 4,07% 414,742.94 5.16% 300,60537 4.24% Total CHI-Slte �'M,17==: I± PERCENT CHANGE 74 25% 7 23% W0_N7"LY _"'__'VE_AR-TO-DATE t.'w October 2016 800,352.91 t..i YTO-2016 8,029.962 58 tatM OMbe,2015 A_61 U Ll V T.W YTO-2015 _21tA45 76 J_ Ai KEY WEST INTERNATIONAL AIRPORT % FLORIDA KEYS MARATHON AIRPORT 3491 S,Roosevelt Blvd.,Key West,Ft.33040 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 (305)909-5200/Fax(305)292-3578 (305)289-60601 Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT NOVEMBER 2016 NOVEMBER2016 KEy WENT ON-SI ERE CA, AGEN gES OCT YEAR- T AYES 7.1 11 AVLS 711,11111 191" RUDGET AUDGET -3—b D'119bb W* DOLLAR NTERPRIS 11.01 11 Yore HERTZ 111.12-7 39 nw 176,17696 11— 1 M-A. .............—------- WW ENTERPRUSE A"MO NAMNAL 19,9 A4 4,— ""n. ........... MONTHLY ----21LzJ7 Ulm .............—I-,-,- ......... KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 y MARKET SNARE REPORT DECEMBER. KEY WEST ON-SITE RENTAL CAR AGENCIES DECEMBER _-YEAR-TO-DATE$ 2016 2DIS 2015 2016 ., ...., $ ...,, %.m.. .. ..,,_.$ /u 5..,....�,,,.�_..,._ AVIS 219,262.99 18,80% 176,961.60 22 14% 2,546,636 72 21,62% 2,149,836.59 21.760A, BUDGET 227,848.59 19.54% 187,668.68 23.48% 2,539,522.61 21.55°!° 2,127,390.11 21.54% DOLLAR 99,296.10 8.52°!°L' 74,623.13 9.341/c 1,027,135.20 8.72% 1,100,661.93 11.141/a HERTZ 255,859,96 21.940/c 156,306.87 19,55% 2,365,729.78 20.07 2,025,475.46 20,50% I THRIFTY 50,309,70 4.31% 53,765.06 6.73% 519,747.90 4.41%1 690,698,53 6,99% 325.34000,772.21� 8,d,94 062.62 .. _� Total On-Site 852 577.34 649m, —, PERCENT CHANGE 31.300% 11.20%�®Q OFF-SITE RENTAL CAR AGENCIES ...�..W.. w. -TO 20Il DE!CEhfBER YEAR 20152016 ° ato "^fay ENTERPRISE 143,034.19 12.27s 35,169.31 4,40% 1,043,590.34 8.85% 470,726.28 4.77% ALAMO 110,996.22 9.52"11. 76,693,98 9.59% 1,125,765.50 9 550110 892,626.06 9.04% NATIONAL 59,517.05 5.'1.0% 38,131,22 4.77% 615,537.94 5.22% 420,868.31 4.26% Total Off-Site 3'1 k4 513.547.4� �0,9�� ta784h22P1.65 _. PERCENT CHANGE 109.04% 56.08% YEAR-TO-DATE MONTHLY Tatad 2016 1,166,124.80 Total YTD- 2016 11,785,665.99 Total 2015 _ 79�1 W85 Total YTD- 2015 9,878,283.27 366 804,95 1 90'/,382.72 45.89% 19.31i°fs KEY WEST INTERNATIONAL AIRPORT 3491. S. Roosevelt Blvd., Key West, FL 33040 (305) 809-S200/ Fax (30S) 292-3578 MARKET SHARE REPORT JAN UARY 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES JANUARY YEAR-TO-DATE 2017 2016 2017 2016 % $ % ttl/a % AVIS 313,415.05 20.74% 250,572.25 21.96% 313,415.05 20.74% 250,572.25 21.96% BUDGET 276,368.78 18.29% $ 245,421.39 21.51% 276,368.78 18.29% 245,421.39 21.51% DOLLAR 99,516.20 6.58% 121,790.38 10.68% 99,516.20 6.58% 121,790.38 10.68% HERTZ 326,177.04 21.58% 254,570.69 22.31% 326,177.04 21.58% 254,570.69 22.31% THRIFTY 70,106.09 4,64% 47,020.94 4.12% 70,106.09 4,64% 47,020.94 4.12% Total On-Site 1,085,583.16 919 375.65 1,085,583.16 119,375.65 PERCENT CHANGE 18.08% 18.08% OFF-SITE RENTAL CAR AGENCIES JAN UARY YEAR-TO-DATE tr 2017 2016 tr 2017 2016 ENTERPRISE 206,198.61 13.64% 62,043.22 5,44% 206,198,61 13.64% 62,043.22 5.44% ALAMO 144,763.13 9.58% 99,483.28 8.72% 144,763.13 9.58% 99,483.28 8.72% NATIONAL 74,737.76 4.95% 59,982.00 5.26% 74,737.76 4.95% 59,982.00 5,26% Total Off-Site 42.5 699.50 1 221 508.50 425 699.50 z21 508.50 PERCENT CHANGE 92.18% 92.18% MONTHLY YEAR-TO-DATE Total 2017 1,511,282.66 Total YTD-2017 1,511,282.66 Total 2016 1 140 884.15 Total YTD-2016 1,140,884.15 370398.51 370 398.51 32.47°*+Sa 32.47% KEY WEST INTERNATIONAL AIRPORT a1 � 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (30S) 292-3S78 MARKET SNARE REPORT FEBRUARY 2017 �W. ON-SITE RENTAL CAR AGENCIES za17 FEBRUARY YEAR-TO—DATE 2016 2017 291�i _ —.�.._ �"/+ �w �/Q _ .....w..__. .._._._ ...... Fa. ......._u AVIS 281,477.94 17.99% 279,811.48 24.72% 594,892.99 19.34% 530,383.73 23.039/a BUDGET 337,025.07 21.54% $ 252,374.87 22.29% 613,393.85 19.941/r 497,796.26 21.62% DOLLAR 103,920.57 6.64r/o 124,875.55 11.030/a 203,436,77 6.61% 246,665.93 10,71% HERTZ 306,752.22 19,61% 231,618.23 20.46% 632,929,26 20.58% 486,188.92 21.11010 THRIFTY 66,076.55 4.22rk 62,258.27 5.50% 136,184.64 4.43r/c 109,279,21 4,75% 4 05 Total On-Site �095 950 938 40 2 180, 1.___2S4 35 PERCENT CHANGE 15.18% 16.60% OFF'-'SITE RENTAL CAR AGENCIES FEBRUARY YEAR-TO-DATE 2017 2016 2 a 17 2016 111.21 15.29%= E _ ENTERPRS 239 51,706.95 4.57°1a 445,309.82 14.48% 113,750.17 4.94°/a , ALAMO 145,793.00 9.32% 113,810.29 10.05%1 290,556.13 9A5% 213,293.57 9.26% NATIONAL 84,173.67 5.38% 61,335,11 5A2% 158,911.43 5.17% 121,317,11 5.27% Total Off-Site 469,077.88 226,852.35 894 777.38 448 36a.85 PERCENT CHANGE 106.780/D 99.57% MONTHLY YEAR-TO-DATE Tota 2017 1,564,332.23 ..Total YTD- 2017 3,075,614.89 Total 2016 1 13 Total YTD- 2016 2,302,636.96 411,324.03 772 977.93 L38.19% °/m 33.57 KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (30S) 292-3S78 MARKET SHARE REPORT MARCH 2017 �. KEY WEST ON-SITE RENTAL CAR AGENCIES MARCH YEAR-TO-DATE 2017 2016 2017 2016 $ 1/1 $ $ % $ 1�1 AVIS $351,198.63 20.16% $272,823,67 20,04% 946,091.62 19.85% #REF! #REF! BUDGET 429,876.22 24.68% 330,970.39 24.31% 1,043,270.07 21.89% #REF! #REF! DOLLAR 115,830.16 6.65% 125,930.77 9.25%1 340,221.91 7.14% #REF! #REF! HERTZ 288,627.06 16,57% 288,627.06 21,20%1 921,556.32 19.33%1 #REF! #REF! THRIFTY 87,131.67 5,00% 70,024.90 5,14%a 223,316.31 4.68% #REF! #REF! Total On-Site r 1,272,663.74 1,088,376.79 3 474 456.23 #REF! PERCENT CHANGE 16.931/n #REF! OFF-SITE RENTAL CAR AGENCIES MARCH YEAR-TO-DATE 2017 Z016 2017 2016 $ % $ % ._. $ 0/0 $ 0/1 ENTERPRISE 239,111.21 13.73% 81,984.31 6.02% 645,294.48 13.54% #REF! #REF! ALAMO 145,793.00 8.37%1 11.5,492,98 8.48%1 427,723.43 8.97% #REF! #REF! NATIONAL 84,173,67 4,83% 75,717.14 5.56% 219,357.84 4.60% #REF! #REF! Total Off-Site 469 077.88 273 194.43 1,292,375.75 #REF! PERCENT CHANGE 71.70%1 #REF! MONTHLY YEAR-TO-DATE Total 2017 1,741,741.62 Total YTD- 2017 4,766,831.98 Total 2016 1,36b1,S71,.12 Total YTD- 2016 #REF! #REF! 27.92%1 #R.EFI KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT APRIL 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES APRIL YEAR-TO-DATE 2017 2016 2017 20'16 $ Rio $ aia era Rio AVIS 325,126.08 22.639/o 242,856.10 21.01% 1,271,217.70 20.49% 1,046,063.50 21.63% BUDGET 355,834.46 24.77% $ 294,141.56 25.45% 1,399,104.53 22.55% 1,122,908.21 23.22% DOLLAR 131,270.12 9.14% 107,646.36 9,31% 471,492.03 7.60% 480,243.06 9.93% HERTZ 233,209.71 16.23% 233,209.71 20.18% 1,154,766.03 18.610 1,008,025,69 20.84% THRIFTY 73,335,55 5.10% 43,172,97 3.74% 296,651.86 4.78% 222,477.08 4.60% Total On-Site 1 118 775.92 921 026.70 4 593 232.15 3 879 71.7.54 PERCENT CHANGE 21.47% 18.39% OFF-SITE RENTAL CAR AGENCIES APRIL YEAR-TO-DATE 2017 2016 2017 2016 % $ % $ % $ % ENTERPRISE 96,937,19 6,75% 72,718.06 6,29% 742,231.67 11.96% 268,452.54 5,55% ALAMO 144,622.15 10.07% 101,673.32 8.80% 572,345.58 9.23% 430,459.87 8.90% NATIONAL 76,253.02 5.31% 60,338.10 5.22% 295,610.86 4.77a/a 257,372.35 5.32% Total Off-Site 317,812.36 234,729.48 1.610 1,88.11 956 284.76 PERCENT CHANGE 3SA0% 68.38% MONTHLY YEAR-TO-DATE Total 2017 1,436,588.28 Total YTD- 2017 6,203,420.26 Total 2016 1 155 756.18 Total YTD- 2016 4,836,002.30 280 8,32.10 1,367,417.96 24.30% 28.28"'bra KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (30S) 292-3578 MARKET SHARE REPORT MAY 2017 KEY WEST ... ON-SITE RENTAL CAR,AGENCIES YEAR-TO-DATE MAY...... .�..._..... .. 2017 2016 2017 2�0�1,6 _. �o /0 `" �5 � pia _.,_._ ... _ ..._ ._._.. __ .w..w... AVIS 1192,317*01 12,41°!o 1114,915.33 22.359/b 1,563,534.71 21.139/a, 1,230,978.83 21.74% BUDGET 292,782.73 22.44% $ 195,207.63 23,59% 1,691,887.26 22.86% 1,318,115.84 23,27% DOLLAR 98,627.18 7.56% 69,901.03 8.45% 521,611.13 7.05% 550,144,09 9.71% HERTZ 253,461.82 19,43% 165,350,65 19.99% 1,408,227.85 19.03% 1,173,376.34 20.72% THRIFTY 58,048,69 4.454/b 34,293.77 4.14% 294,852.73 3.98% 256,770.B5 4.53% On-Site995,237.43 8.41MITIT 5,480,113,68 mmm _9,385.95 Total On-Site _._ 649664^52 � . PERCENT CHANGE 53.19% 20.99% OFF-SITE RENTAL CAR AGENCIES -- - ___.--.......... MAY YEAR-TO-DATE 2017 20,16 2017 2016 .,,,_� ENTERPRISE 107,863.05 8.27% 55,338.00 6,69% B50,094.72 11.49%a 323,790.54 5.72% ALAMO 111,050.36 8,51% 79,120,41 9. 6% 683,395.94 9.2.4% 509,580,28 9.00%a NATIONAL 90,352.28 6,93% 43,235.18 5.23% 385,963,14 5 221'/6 300,607.53 5,31% Total Off-Site 3ta a 2tla5.6'a G 7 mr 3 59 1,919. 453.80 113.4,978.;15 PERCENT CHANGE 74.04% 69117% MONTHLY YEAR-TO-DATE Total 2017 1,304,503.12 Total YTD. 2017 7,399,567.48 Total 2016 82:'7'362,00 Total YTD 2016 5,663,364.30 477'141.12 1,736^203.18 57,67% 30.66% F>, KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT JUKE 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES DUNE YEAR-TO-DATE 2017 201E 2017 2016 % $ % $, ova ...' R. AVIS $253,674.00 22.99% 159,840.11 21.62% 1,817,208.71 21.10% 1,390,818.94 21.72% BUDGET 234,833.53 21,28% $ 175,420.78 23.73% 1,926,720.79 22.37% 1,493,536.62 23.33% DOLLAR 80,626.62 7.31% 54,550.27 7.38% 650,745.83 7.56% 604,694.36 9.44% HERTZ 213,887.64 19.39% 139,039.63 18.81% 1,622,115.49 18.84% 1,312,415.97 20.50% THRIFTY 55,507.12 5,03% 25,947,24 3.51% 410,207.67 4.76% 282,718.09 4.42% Total On-Site $838 528.91 554,798.03 6,426,998.49 5,084,183.98 PERCENT CHANGE 51„141/6 26.41% OFF—SITE RENTAL CAR AGENCIES 3UM.E YEAR-TO-DATE 2017 2016 2017 2016 $ % % $ % ENTERPRISE 113,489.21 10.29% 73,233.91 9.91% 963,583.93 11.19% 397,024.45 6,20% ALAMO 83,151.84 7,54% 78,951.42 10.68% 766,547.78 8.90% 588,53L70 9.19% NATIONAL 68,126.46 6.17% 32,309.36 437% 454,089.60 5,27% 332,916.89 5.20% Total Off—Site 264,767.51 184,494.69 2,184,2.21.31, 1318,4'13.04 PERCENT CHANGE 43.51% 65.66% MONTHLY YEAR-TO-DATE Total 20t7 1,103,296.42 Total YTD- 2017 8,611,219.80 Total 2016 739 292.72 Thad YTD- 2016 6,402,657.02 364 003.70 2,209,562,78 49a24% 34.49% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT JULY 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES JULY YEAR-TO-DATE 2017 2016 2017 2016 AVIS $245,140.52 20,07% 169,340.12 20.48% 2,062,349.23 20.97% 1,560,1.59.06 21.58% BUDGET 262,317.95 21.47% $ 166,072.75 20.08% 2,189,038.74 22.26% 1,659,609.37 22.96% DOLLAR 101,969.12 8.35% 77,768.37 9.40% 752,714.95 7.66% 682,462.73 9.44% HERTZ 235,471.74 19.28% 169,042.90 20.44% 1,857,587.23 18.89% 1,481,458.87 20.49% THRIFTY 73,581.57 6.02% 40,387,78 4.86% 483,789.24 4.92%. 323,105.84 4.47% Total On-Site 918 480.90 622 611.92 7,345,479.39 5 706 795.87 PERCENT CHANGE 47.52% 28.71% OFF-SITE RENTAL CAR AGENCIES JULY YEAR-TO-DATE 2017 2016 2017 2016 ENTERPRISE 126,081.45 10.32% 78,154.05 9.45% 1,089,665.38 11.08% 475,178.50 6,57% ALAMO 116,352.21 9.52% 83,087,15 10.05% 882,899.99 8.98% 671,618.85 9.29% NATIONAL 60,647.45 4.961/a 43,119.56 5.21% 51.4,737.05 5.23% 376,036.45 5.20% Total Off-Site 303 081.11 204,360.76 2,487,302.42 1 522 833.80 PERCENT CHANGE 48.31% 63.33% MONTHLY YEAR-TO-DATE Total 2017 1,221,562.01 "Total YTD- 2017 9,832,781.81 Total 2016 826 972.68 Totat YTD- 2016 7 229 629.67 394 589.33 2,603,152.14 47.71% 36.01% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (30S) 292-3578 % MARKET SHARE REPORT AUGUST 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES Au Est YEAR-TO-DATE 2017 2016 2017 2016 °!o AVIS $182,551.03 18,34% 143,250.66 18,26% 2,244,900.26 20.73% 1,560,159.06 21.58% BUDGET 236,575.42 23.76% $ 136,424.38 17.39% 2,425,614.16 22.40%11 1,659,609.37 22.96% DOLLAR 93,886.44 9.43% 76,951.85 9.81% 846,601.39 7.82% 682,462.73 9.44% HERTZ 189,122.62 19.00% 150,136.36 19.14% 2,046,709.85 18,90% 1,481,458.87 20,49% THRIFTY 64,236.23 6.45% 38,336.22 4.89% 548,025.47 5.061 323,105.84 4,47% Total On-Site 766 371.74 1 54S 099,47 1 8,111,851.13 5,706,795.87 PERCENT CHANGE 40.59% 42.14% OFF-SITE RENTAL CAR AGENCIES AUGUST YEAR-TO-DATE 2017 2016 2017 2016 $ $ % % $ % ENTERPRISE 81,522.25 8.19% 103,016,11 13.13% 1,171,187,63 10,82% 475,178.50 6.57% ALAMO 100,909.14 10.14% 90,344.58 11.52% 983,809.13 9.09% 671,618.65 9,29% NATIONAL 46,786.37 4.70% 45,841.09 5.84% 561,523.42 5.19% 376,036.45 5.20% Total Off-Site 1 229 217.76 1 239,201.78 2 71.6 520.18 1 522 833,80 PERCENT CHANGE -4.17% 7839% MONTHLY YEAR-TO-DATE Total 2017 995,589.50 Total YTD- 2017 10,828,371.31 Total 2016 784 301.25 Total YTD- 2016 7,229 629.67 211 288.25 3,598,741.64 26.94%n 49.78% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT SEPTEMBER 2017 KEY WEST ION SITE RENTAL CAR AGENCIES Se tern s YEAR-TO--DATE m. 0 1 �O17 2016 .............. ....... $ j7 % AVIS $110.504 66 24 49% 139,038.22 22,11% 2,355,404.92 20.88'/. 1,560,159.06 21.05% BUDGET 80,897.26 17 930/. $ 121,947,5/ 19.39% 2,506,511.42 22.221/. 1,659,609.37 22.40% DOLLAR 53,444.00 11.85% 59,032.93 9 39% 900,045.39 7 961/.' 682,462 73 9.21% HERTZ 79,836.35 17,70% 101,952 66 16 21% 2,126,080 60 18, 1,481,458.87 19 99% THRIFTY 28,416.63 6,30% 25,945.79 4.13% 576,442.10 5 11 c/1 323,105.84 4.36% Total On-Site PERCENT CHANGE 11_811 ...... OFF-SITE RENTAL CAR AGENCIES ---------- YEAR-TO-DATE SEPTEMBER 17 2016 ............... ...... ENTERPRISE 35,939 71 7,970/r 73,193,20 11.64%1 1,207,127,34 10,706/0 548,371.70 7.40% ALAMO 37,029A2 8.21% 68,134 53 10.83% 1,020,838 55 '4,0 5 nh, 739,753.38 9,98% NATIONAL 25,099 26 5,5f,"1c 39,650A0 6.301n 586,622,68 5,20% 415,686.85 5,61% 1,M3,811.93 91TT;;'17;3 180,978 13 2,814,588 5? Total Off-Site ...... PERCENT CHANGE 65.19% _;il-8_1%, MONTHLY _-DATE Total 2017 451,167.29 Total YTD- 2017 11,279,073.00 Total 2016 626895,30 Tuta9 YTD- 2016_.... 2,410,607.8() 7 IE 3'86i��65,,.20.. 2_Lg�l _.LL 52.20% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 �n. (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT OCTOBER 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES OCTOBER YEAR-TO-DATE 2017 2016 2017 2016 AVIS $147,806.90 21.89% 160,877.09 20.10% $2,503,211.82 21.02% 1,721,036.15 21.43% BUDGET 137,441.78 20.35% $ 162,734.23 20.33% 2,643,953.20 22.20% 1,822,343.60 22.69% DOLLAR 67,865.10 10,05% 68,807.66 8.60% 967,910.49 8.13% 751,270.39 9.36% HERTZ 161,018.30 23.85% 156,596.06 19.57% 2,287,564.50 19.21% 1,638,054.93 20,40% THRIFTY 45,272.S8 6.70% 26,032.40 3.25% 576,442.10 4.84% 349,138.24 4.35% Total On-Site 559,404.66 575,047.44 8,979,062.11 6,281,843.31 PERCENT CHANGE -2„72% 42.94% OFF-SITE RENTAL CAR AGENCIES OCTOBER YEAR-TO-GATE 2017 2016 2017 2016 % $ °rp $ % $ ENTERPRISE 49,682.64 7.36% 113,849.52 14,22% 1,256,810.18 10.55% 589,026.02 7.34% ALAMO 32,474.16 4.81% 72,749.46 9.09% 1,053,312.71 8.84% 744,368.31 9.27% NATIONAL 33,696.66 4.99% 38,706.49 4.84% 620,319.34 5.21% 414,742.94 5.16% Total Off-Site 115,853.66 225,305.47 2„930,442.23 1,748,139,27 PERCENT CHANGE -48.58% 67.63% MONTHLY YEAR-TO-DATE Total 2017 675,258.32 Total YTD- 2017 11,909,S24.34 Total 2016 800„352.91 Total YTD- 2016 8,029,982.58 125,0�94.59) 3,879,541.76 -15.63°fe 48.310 KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT NOVEMBER 2017 KEY WEST ON-SITE RENTAL CAR AGENCIES NOVEMBER YEAR-TO-DATE 2017 2016 2017 2016 AVIS $179,161,28 19.09% 187,010.48 16.78% $2,682,373.10 20,88% 2,329,373.73 21.93% BUDGET 188,478.92 20.09a/a $ 230,958,47 20.73% 2,832,432.12 22.05% 2,311,674.02 21,77% DOLLAR 89,030.80 9.49% 117,535.78 10,550/0 1,056,941,29 8,23% 927,839,10 8.74% HERTZ 168,556.87 17,96% 219,725.87 19.72% 2,456,123.37 19.12% 2,109,869.82 19.87% THRIFTY 48,344.63 5.15% 56,017.95 5.03% 624,786.73 4.86% 469,436.20 4.42% Total On-Site $673,574m SO 811,248.55 9,652,656.61 8.148,194,87 PERCENT CHANGE -16.97% 18,46% OFF-STTE RENTAL'CAR AGENCIES _ NOVEMBER YEAR-TO-DATE 2017 2016 2017 2016 ENTERPRISE 114,469.38 12,20% 135,318,82 12.14% 1,371,279.56 10,67% 900,556.15 8,48% ALAMO 90,160,56 9.61% 111,921.86 10.04% 1,143,473.27 8.90% 1,014,769.28 9.56% NATIONAL 60,117.11 6.41a4 55,786a6 5,01% 680,436.4 5 5.30% 556,020.89 5.24% Total Off-Site 264,747.05 303,027.14 3195,189.28 2,471346.32 PERCENT CHANGE -12.63% 29.29%, MONTHLY YEAR-TO-DATE Total 2017 938,321.55 TOW YTD- 2017 12,847,845.89 Total 2016 1 114 275.69 Total YTD- 2016 10,619 51,19 z __X__ 228,304.70 (175,954,14) ..._ .__, -15.79% 2C1.18aPm KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT DECEBER KEY WEST ON-SITE RENTAL CAR AGENCIES DECEMBER YEAR-TO-DATE 2.017 2p16 2p17 2016 % $ a/n % % AVIS 160,992.90 15.760/a 219,262.99 18.800/a 2,843,366.00 20.50% 2,548,636.72 21.62% BUDGET 195,318.67 19.12% 227,848.59 19.54% 3,027,750.79 21.83% 2,539,522.61 21.55% DOLLAR 112,376,09 11,00% 99,296.10 8.52% 1,169,317.38 8.43% 1,027,135.20 8.72% HERTZ 222,166.01 21.74% 255,859.96 21.94% 2,678,289.38 19.31% 2,365,729.78 20,07% THRIFTY 63,475.75 6.21% 50,309.70 4.31% 688,262.48 4.96% 519,747.90 4.41% Total On-Site 754,329.42 852 577.34 10 4p6,986.03 9,000,772.2.1 PERCENT CHANGE -11,52% 15.62% OFF-SITE RENTAL CAR AGENCIES OECEMBER YEAR-TO-DATE 2017 2016 2017 2016 ENTERPRISE 132,879.83 13.00% 143,034.19 12.27% 1,504,159.39 10.84% 1,043,590.34 8.85% AL.AMO 83,740.26 8.20% 110,996.22 9.52% 1,227,213.53 8,85% 1,125,765.50 9.55% NATIONAL 50,819.75 4.97% 59,517.05 5.10% 731,256.20 5.27% 615,537.94 5.22% Total Off-Site 267 439.84 313,547.46 3,462,629.12 2,J84,893.78 PERCENT CHANGE -14.71% 24,34% MONTHLY YEAR-TO-DATE Total 2017 1,021,769.26 Total YTD- 2017 13,869,615.15 Total 2016 1,166,124.80 Total YTD- 2016 11,785 665.99 144,355.54 2,083,949.16 12.38% 17.68% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT JANUARY 2018 _ KEY WEST ON-SITE RENTAL CAR AGENCIES W JANUARYYEAR-TCM-Dp�T � � 2018 2017 .......... 2018 2017 AVIS 203,037,54 15.79% 313,415.05 20.74% 203,037.54 15.79% 313,415.05 20.74% BUDGET 232,053.66 18.04% 276,368.78 18.29% 232,053,66 18.04% 276,368.78 18.29% DOLLAR 1S4,118.31 11.98% 99,516.20 6,58% 154,118.31 11,98% 99,516.20 6,58% HERTZ 274,778.54 21.37% 326,177.04 21.58% 274,778.54 21.37% 326,177,04 21,58% THRIFTY 87,095.04 6.77% 70,106.09 4.64°/a 87,095.04 6.77% 70,106.09 4.64% Total On-Site 951,083.09 1,085,583.16 951,083.09 1,085IT583.16_gMmM PERCENT CHANGE 42.39% -12.39% _.,.,,,.� ....._..... .............. OFF-SITE RENTAL CAR AGENCIES JANUARY YEAR-TO-DATE 2a1e -- zo17 2016 2017 $. 41(° $ % $ 3m ENTERPRISE 139,221.32 10 83% 206,198.61 13.64% 139,221.32 10.83% 206,198.61 13.64% ALAMO 127,072.80 9,88% 144,763.13 9.58% 127,072.80 9,88% 144,763.13 9.58% NATIONAL 68,705.78 5.34% 74,737.76 4.95% 68,705,78 5,34% 74,737,76 4.95% Total Off-Site 334,999.90 42.5„699.50 334.999 90 425 699.50 PERCENT CHANGE -21.31% -21.31% MONTHLY YEAR-TO-DATE Total 2018 1,286,082.99 Total YTD- 2018 1,286,082.99 Total 2017 1 511,282,66 Total YTD. 2017 1,51.1,282.66 CL25„1�99.671 (225,199.67} 44.90% -14.90% p KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (30S) 809-S200% Fax (30S) 292-3S78 ` MARKET SHARE REPORT FEBRUARY 2018 KEY WEST ON-SITE RENTAL CAR AGENCIES FERRUARY YEAR-TO-DATE 2018 2017 2018 2017 AVIS 244,971A1 1.7,44% 281,477.94 18.85% 448,008.65 16.65% 594,892.99 19.80% BUDGET 272,635.24 19.40% $ 337,025.07 22.58% 504,688.90 18.75% 613,393.65 20.42% DOLLAR 157,577.07 11.22% 103,920.57 6.96% 311,695,38 11.58% 203,436,77 6.77% HERTZ 305,919.22 21.77% 306,752.22 20.55% 580,697.76 21.58% 632,929,26 21.07% THRIFTY 79,515.76 5.66% 66,087,55 4.43% 166,610.80 6.19% 136,184.64 4.53% Total On-Site 1,060,618.40 L,095,263.35 2,011,701,49 2.180,837.51_ PERCENT CHANGE -3.16°!a -7.76% OFF-SITE RENTAL CAR AGENCIES FEB RUARY YEAR-TO-DATE W W. 2018 2017 2018 _ 017wW. $ o o $ /o ENTERPRISE 170,181.18 12.11% 199,984,66 13.40% 309,402,50 11.50% 406,183.27 13.52% ALAMO 102,107.64 7.27% 137,167.30 9.19% 229,180.44 8.52% 281,930.43 9.38% NATIONAL 72,092.52 5.13% 60,446.A1 4.05% 140,798.30 5.23% 135,164.17 4.50% Total Off-Site 344,381.34 397,598.37679T381.24 823,297.87 PERCENT CHANGE -13.38% -17.48% MONTHLY YEAR-TO-DATE Total 2018 1,404,999.74 Total YTD- 2018 2,691,082.73 Total 2017 11492 86132 Total YTD- 2017 3,004,135.38 878 ) J313,052.65 5,89% -M42% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 ,1 MARKET SHARE REPORT MARCH 2O18 KEY WEST ON-SITE RENTAL. CAR AGENCIES MARCH YEAR-TO-DATE 2018 2017 2016 2017 $ % $ % o/a $ °Ja AVIS $282,433.65 16.76% $351,198.63 20.16% 730,442.30 16.69% 946,091,62 22.13% BUDGET 340,060.89 20.18% 429,876.22 24.68% 844,749.79 19.30% 1,043,270.07 24.40% DOLLAR 164,272.51 9.7S% 115,830.16 6.65% 475,967.89 10.88% 224,391.75 5.25% HERTZ 370,310.55 21.97% 288,627.06 16.570/a 951,008.31 21.73% 632,929.26 14.80% THRIFTY 102,528.57 6,08% 87,131.67 5.00% 269,139.37 6A5% 136,184,64 3.19% Total On-Site 1,259,606.17 1,272,663.74 3,271,307.66 2,982,867.34 PERCENT CHANGE -1.03% 9.67% OFF-SITE RENTAL CAR AGENCIES MARCH YEAR-TO-DATE 2018 2017 2018 2017 ENTERPRISE 230,277.56 13,66% 239,111.21 13.73% 539,680.06 12.33% 645,294.48 15.09% ALAMO i 105,936.06 6.29% 145,793.00 8.37% 335,116.50 7.66% 427,723.43 10.00% NATIONAL 89,408.28 5.31% 84,173.67 4.83% 230,206.58 5.26% 219,357.84 5.13% Total Off-Site 425,621.90 469,077.88 _ 1,105,003.14 11292,375.75 PERCENT CHANGE -9.26% w,-14.50% MONTHLY YEAR-TO-DATE Total 2018 1,685,228,07 Total YTD- 2018 4,376,310,80 Total 2017 1 741 741�62 'Total YTD- 2017 4,275,243.09 4gym511,55 101,067.71 3,24% 2.36% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (30S) 292-3S78 MARKET SHARE REPORT APRIL 2018 KEY WEST ON-SI'TE RENTAL CAR AGENCIES APRIL YEAR-TO-DATE ..--2018 2017 2a18 2017 .................... % $ % °i° x % AVIS 227,992.75 15.80% 325,126.08 22.63% 958,435.05 16.47% 1,271,217.70 20.49% BUDGET 296,937.73 20.58% $ 355,834,46 24.77% 1,141,687.52 19.62% 1,399,104.53 22.55% DOLLAR 130,367.33 9.03% 131,270,12 9.14% 606,335.22 10.42% 471,492,03 7.60% HERTZ 285,578.57 19.79% 233,209.71 16.23% 1,236,586.88 21.25% 1,154,766.03 18.61% THRIFTY 93,358.08 6.47%'' 73,335,55 5.10% 362,497,45 6.23% 296,651.86 4,78% Total On-Site 1,034,234.46 _ 1,118,775.92 4m305,542.12 4,593,232.15 PERCENT CHANGE -7.56% OFF-SITE RENTAL CAR AGENCIES APRIL YEAR»TO-GATE 2018 2017 2018 ............_ 201.7 S ......... ..._..°7a $ ,„......00 �„. 1` % °^fin ENTERPRISE 222,661.38 15.43% 96,937,19 6.75% 762,341.44 13.10% 742,231.67 11,96% ALAMO 119,544.13 8.28% 144,622.15 10.07% 454,660,63 7.81% 572,345.58 9.23% NATIONAL 66,680.44 4.62% 76,253.02 5.31% 296,887.02 5.10% 295,610.86 4.77% Total Off-Site 408,885.95 31.7„812 36 1„513,889,09 1,610,188.8.1 PERCENT CHANGE 28,66% -5.98% MONTHLY YEAR-TO-DATE Total 2018 1,443,120.41 Total YTD- 2018 5,819,431.21 Total 2017 1,436,588.20 Tota6 YTl7- 2017 6 203 420.26 6,'S32.13 (383,989,05) 0.45°7� -6.19% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT MAY 2018 KEY WEST ON-SITE RENTAL CAR AGENCIES MAY YEAR-TO-DATE 2a18 2017 2018 2017 % $ %...... $ % _. $ AVIS $186,701.98 16.53% 292,317,01 22.41% 1,145,137.03 16.480% 1,271,217.70 20.49% BUDGET 233,111.59 20,63% $ 292,782.73 22.44% 1,374,799A1 19.78% 1,399,104.53 22,55% DOLLAR 126,099.02 11.16% 98,627.18 7.56% 732,434.24 10,54% 471,492.03 7.60% HERTZ 202,783.15 17.95% 253,461.82 19.43% 1,439,370.03 20.71% 1,154,766.03 18,61% THRIFTY 83,471.61 7.39% 58,048.69 4.45% 445,969.06 6.42% 296,651.86 4,78% Total On-Site 832,167.35 995,237.43 Sp137,709.47 4,593,232.15 PERCENT CHANGE -16.39% 11.85% OFF-SITE RENTAL CAR AGENCIES _ MAY YEAR-TO-DATE 2016 2017 2a18 2017 ENTERPRISE 139,213.03 12.32% 107,863.05 8.27% 901,554.47 12.97% 742,231.67 11.96% ALAMO 104,349.83 9.24% 111,050.36 8.51% 559,010,46 8.04% 572,345.58 9.23% NATIONAL 53,999.01 4.78% 90,352.28 6.93% 350,886.03 5.05% 295,610.86 4,77% Total Off-Site 297,561.87 309,265,69 1,811,450.96 1,610,188,11 PERCENT CHANGE -3.78% 12.50% MONTHLY YEAR-TO-DATE Total 2018 1,129,729.22 Totai YfD- 2018 6,949,160.43 Total 2017 1,304,.503A2 Total Yi'D- 2017 6,203,420.26 174 773.90 745IT740.17 -13.400/6 I .02�✓a KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (30S) 292-3578 MARKET SHARE REPORT JUNE 2018 KEY WEST ON-SITE RENTAL CAR AGENCIES 3UNE YEAR-TO-DATE 2018 2017 .....,..,.., 2018 2017 $ % $ % $ °/a $ AVIS $172,961.70 16,46% 253,674.00 22.99% 1,318,098.73 16.48% 1,817,208.71 21.05% BUDGET 239,162.00 22.75% $ 234,833.53 21.28% 1,613,961,11 20.17% 1,926,720.79 22.32% DOLLAR 110,406.20 M50% 80,626.62 7.31% 842,840.44 10.54% 650,745.83 7,54% HERTZ 173,674.84 16,52% 213,887.67 19.39% 1,613,044.87 20.16% 1,622,115.49 18.79% THRIFTY 68,090.73 6,48% 55,507.,12 5.03% 514,059,79 6,43% 410,207.67 4.75% Total On-Site $764,295.47 838,528.94 5,902,004.94 6,426,998.49 PERCENT CHANGE -8,85% -8,17% OFF-SITE RENTAL.CAR AGENCIES a U N E YEAR-TO-DATE 2018 2017 2018 2011 ENTERPRISE 132,665.36 12.62% 113,489.21 10.29% 1,034,219.83 12.93% 982,760.08 11,38% ALAMO 98,907.01 9.41°to 83,151,84 7.54% 657,917„47 8,22% 782,302.95 9.06%n NATIONAL.. 55,215,46 5.25% 66,126.46 6,17% 406,101.49 5.080/0 441,178.60 5.11% Total Off-Site 286,787.83 264,767.51 2,098,238.79 2,206,241.63 PERCENT CHANGE 8.32% MONTHLY YEAR-TO-DATE Total 2018 1,051,083.30 Total YTD- 2018 8,000,243.73 Total 2017 1,103,296.45 Total YTD- 2017 8,633 240 12 52,213,15 63(2,496.39� -4,73% -7.33% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT JULY 2018 KEY WEST ON-SITE RENTAL CAR AGENCIES DULY YEAR-TO-MATE 2018 2017 2018 2017 pro aro Grp tiro AVIS $225,541.74 17,87% 245,140.52 20.07% 1,543,640.47 16.67%a 2,062,349.23 20.97% BUDGET 290,933.95 23.05% $ 262,317.95 21.47% 1,904,895.06 20.57% 2,189,038.74 22.26% DOLLAR 131,778.36 10.44% 101,969.12 8.35% 974,618.80 10.52%l 752,714.95 7.66% HERTZ 234,012.95 18,54% 235,471.74 19.28% 1,847,057.82 19.94%u 1,857,587,23 18.89% THRIFTY 75,410.34 5.97% 73,581.57 6.02% 589,470A3 6.36% 483,789.24 4.92% Total On-Site 957 677.34 1 918 480,90 6,859,682.28 7,345,4Z9.39 PERCENT CHANGE 4.27% -6.61% OFF-SITE RENTAL CAR AGENCIES 7 U LY YEAR-TO-DATE 2018 2017 zol8 2017 % era ENTERPRISE 127,004.90 10.06% 126,081.45 10.32% 1,161,224.73 12.54% 1,089,665.38 11.08% ALAMO 117,845.91 9.34% 116,352.21 9,52% 775,763.38 8.38% 882,899.99 8.98% NATIONAL 59,609.60 4.72% 60,647.45 4.96% 465,711.09 5.03% 514,737.05 5.23 Total Off-Site 304 460.41 303 081.11 2 402,699.20 2 487,302.42 PERCENT CHANGE 0.46% -3.40% MONTHLY YEAR-TO-DATE Total 2018 1,262,137.75 Total YTD- 2018 9,262,381AS Totm 2017 1,221,562,01 Total YTD- 2017 9,832 781.81 40,575,74 (570,400.33) 3.32% -S.800/. KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 ,....n (305) 809-5200/ Fax (305) 292-3575 MARKET SHARE REPORT AUGUST 2018 KEY WEST ON-SITE RENTAL CAR AGENCIES AugYEAR-TO-DATE 2018 2017 2018 2017 $ % $ % $ % $ AVIS $159,920,40 15.61% 182,551.03 18.34% 1,703,560.87 16.56% 2,244,900.26 20,73% BUDGET 222,288.23 21.70% $ 236,575.42 23.76% 2,127,183.29 20.68% 2,425,614A6 22.40% DOLLAR 113,487.53 11,08% 93,866A4 9.43% 1,088,106.33 10.58% 846,601.39 7.82% HERTZ 184,529.44 18.01% 189,122.62 19.00% 2,031,587.26 19.75% 2,046,709.85 18.90% THRIFTY 77,691.00 7.58% 64,236.23 6,451/ 667,161.13 6.49% 548,025.47 5.06% Total On-Site 757,916.60 766,371,74 7,617,598.88 8,111,851.13 PERCENT CHANGE -1.10% -6.09% OFF-SITE RENTAL CAR AGENCIES AU1a11ST YEAR-TO-DATE 2018 2017 2018 2017 i ........ $ .. a % '$ °r"o ENTERPRISE 124,328.89 12.14%. 81,522.25 8.19% 1,285,553.62 12,50% 1,171,187.63 10,82% ALAMO 99,656,57 T73% 100,909.14 10.14% 875,419.95 8.51% 983,809.13 9.09% NATIONAL 42,578.28 4.16% 46,786.37 4,70% 508,289.37 4,94% 561,523.42 5.19% Total Off-Site 266„56374 229,217.76 2,Ara,'262.CIA 2,716„520.18 PERCENT CHANGE 16.29% -1.74% MONTHLY YEAR-TO-DATE Total 2018 1,024,480.34 Total YTD- 2018 10,286,861.82 Total 2017 995, 89.50 Total YTD- 2017 10 828,371.31 28 890 Sq (541,509.49) 2.90% -S.00% KEY WEST INTERNATIONAL AIRPORT f 3491 S. Roosevelt Blvd., Key West, FL 33040 ff (30S) 809-S200/ Fax (305) 292-3S78 MARKET SHARE REPORT SEPTEMBER 2018 KEY WEST ON-SITE RENTAL CAR AIGENCIES e +w�Ilrer YEAR-TO-DATE 2o1s 2017 2a1.8 2017 $ a/O ..7.$..... % ......�.�...-....e. ....m.. % nn % AVIS $144,322,83 110,504.66 1,847,883.70 2,355,404.92 20.88% BUDGET 197,751.74 $ 80,897.26 2,324,935.03 2,506,511.42 22.22% DOLLAR 90,568.16 53,444.00 1,178,674.49 900,045.39 7.98% HERTZ 126,443.25 79,836.35 2,158,030.51 2,126,080.60 18.85% THRIFTY 49,570.36 28,416.63 716,731.49 576,442.10 5.11% Total On-Site 608,656.34 353 098.90 8,226,255.22 8 464 484.43 PERCENT CHANGE 72.38% -2 ww www OFF-SITE RENTAL CAR AGENCIES SEPTEMBER YEAR-TO-DATE 2018 2017 2018 2017 ENTERPRISE 85,937.96 11.00% 35,939.71 7.97% 1,371,491.58 12.39% 1,207,127.34 10,70% ALAMO 51,284,24 6.56% 37,029.42 8.21% 926,704.19 8.37% 1,020,838.55 9.05% NATIONAL 35,656.34 4.56% 25,099.26 5.56% 543,945.71 4.91% 586,622.68 5.20% Total Off-Site 172 878.54 98,068.39 2,842,141.48 2,814,588.57 PERCENT CHANGE 76,28% 0.98% MONTHLY YEAR-TO-DATE Total 2018 781,534.88 Total YTD- 2018 11,068,396.70 Total 2017 451. 167.29 Total YTD- 2017 11,279,073.00 330,367.59 210 676.301 73.230/a KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 yr MARKET SHARE REPORT OCTOBER 2018 KEY WEST ON-SITE RENTAL CAR AGENCIES OCTOBER YEAR-TO-DATE 2018 2017 2018 201,7 ai4 $ RioI % air "IS $172,045 68 19.58% 147,806.90 21.890/6 $2,019,929.38 16.910/0 2,503,211.82 21.02% BUDGET 240,612.34 27.38% $ 137,441.78 20.35% 2,565,547.37 21.47% 2,643,953.20 22.20% DOLLAR 75,209.70 8.56% 67,865.10 10.05% 1,253,884.19 10.50% 967,910.49 8.13% HERTZ 166,133.84 18.9111/0 161,018,30 23.85% 2,324,164,35 19.45% 2,287,564.50 19.21% THRIFTY 44,486.11 5.06% 45,272.58 6.70% 761,217.60 6.37% 576,442.10 4.84% Total On-Site 698 487.67 559 404.66 8,924,742.89 8 979 082.11 PERCENT CHANGE 24.86% -0..61% OFF-SITE RENTAL CAR AGENCIES OCTOBER YEAR-TO-DATE 2018 2017 2018 2017 $ % % % $ % ENTERPRISE 88,865.72 10.11% 49,682.84 7,36% 1,460,357.30 12.22% 1,256,810.18 10.55% ALAMO 55,503.61 6.32% 32,474.16 4.81% 982,207.80 8,22% 1,053,312.71 8.84% NATIONAL 35,893.18 4.08% 33,696.66 4.99% 579,838.89 4.85% 620,319.34 5.21% Total Off-Site 180 262.51 12S 853.66 31022,403.99 2,930,442.23 PERCENT CHANGE 55.60% 3.14% MONTHLY YEAR-TO-DATE Total 2018 878,750.18 Total YTD- 2018 11,947,146.88 Total 2017 67S 258.32 Total YTD- 2017 11�909 524.34 203 491.86 37 622.54 30,14% 0.32% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT NOVEMBER 2018 KEY WEST ON'-SIB E RENTAL CAR AGENCIES NOVEMBER YEAR-TO-DATE 2018 2017 2018 2017 pia °�o pia �/Q AVIS $217,680.47 18.41% 179,161.28 19.09% $2,237,609.85 17.04% 2,682,373.10 20.88% BUDGET 264,667.05 22.38% $ 188,478.92 20.09% 2,830,214.42 21.56% 2,832,432.12 22.05% DOLLAR 101,218.99 8.56% 89,030.80 9.49% 1,355,103.1E 10.32% 1,056,941.29 8.23% HERTZ 224,473.78 18.98% 168,558.87 17.96% 2,548,638.13 19.41% 2,456,123.37 19.12% THRIFTY 65,166.27 5.51% 48,344.63 5.15% 826,383.87 6.29% 624,786.73 4.86% Total On-Site $873 206.56 673 574.50 9,797,949.45 91652,656.61 PERCENT CHANGE 29.64% 1.51% OFF-SITE RENTAL CAR AGENCIES NOVEMBER YEAR-TO-DATE 2018 2017 2018 2017 $ % $ % % % ENTERPRISE 165,991.57 14.04% 114,469.38 12.20% 1,626,348.87 12.39% 1,371,279,56 10.670b ALAMO 94,063.28 7.96% 90,160.56 9,61% 1,076,271.08 8.20% 1,143,473.27 8.90% NATIONAL 49,167.92 4.16% 60,117.11 6.41% 629,006.81 4.79% 680,436.45 5.30% Total Off-Site 309 222.77 264 747.05 3,331,626.76 3 1,95 189.28 PERCENT CHANGE 16.80% 4.27% MONTHLY YEAR-TO-DATE Total 2018 1,182,429,33 Total YTD- 2018 13,129,576.21 Total 2017 938 321.55 Tout YTD- 2017 12,847,845.89 244 107.78 281,730.32 2642% 2.19% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (30S) 809-S200/ Fax (30S) 292-3578 ` MARKET SHARE REPORT DECEMBER 2018 v� KEY WEST ON-SITE RENTAL CAR AGENCIES DECEMBER YEAR-TO-DATE 2018 2a17 2018 2017 i° ° _ $ AVIS $190,213.30 15,75% 160,992.90 15.76% $2,427,823.15 16.93% 2,843,366.00 20.50% BUDGET 268,031.29 22.19% $ 195,318.67 19.12% 3,098,245.71 21.61% 3,027,750.79 21.83% DOLLAR 107,110.38 8.87% 112,376.09 11.00% 1,462,213,56 10.20% 1,169,317.38 8.43% HERTZ 272,943.93 22.60% 222,166.01 21,74% 2,821,582.06 19.68% 2,678,289.38 19,31% THRIFTY 77,076.02 6.38% 63,475.75 6.21% 903,459.89 6.30% 688,262.48 4.96% Total On-Site $915,374.92 754,329.42 10 713,324.37 10,406,986.03 PERCENT CHANGE 21.35% #DIV/0! OFF-SITE RENTAL CAR AGENCIES D E C E M BE R YEAR-TO-DATE 2018 2017 2018 2p17 $ % $ % $ % $ %.. ENTERPRISE 134,475.36 11.13% 132,879.83 13.00% 1,760,824.23 12.28% 1,504,159.39 10,84% ALAMO 106,117.30 8.79% 83,740.26 8.20% 1,182,388.38 8,25% 1,227,213.53 8.850/6 NATIONAL 51,933.16 4.30% 50,819.75 4.97% 680,939.97 4,75% 731,256.20 5.27% Total Off-Site 292,525.82 267,439.84 3.,624,152.58 3,.462,629A2 PERCENT CHANGE 9.38% 4.66% MONTHLY YEAR-TO-DATE Total 2018 1,207,900.74 Total YTD 2018 14,337,476.95 Total 2017 1,021,769.26 Total YTD• 2017 13,869,615.15 186,131.48 467,861.80 1g.22% 3.37% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 a� (305) 809-5200/ Fax (305) 292-3578 �� sir MARKET SHARE REPORT JANUARY 2019 ` r KEY WEST ON-SITE RENTAL CAR,AGENCIES JANUARY YEAR-TO-DATE 2019 2018 2019 2018 AVIS 280,768.75 17.73% 203,037.54 15.79% 280,768.75 17.73% 203,037.54 15.79% BUDGET 346,804.42 21.90% 232,053,66 18.04% 346,804.42 21.90% 232,053.66 18,04% DOLLAR 130,021.26 8.21% 154,118.31 11.980/0 130,021.26 8.21% 154,118.31 11.98% HERTZ 388,318.59 24.52% 274,778.54 21.37% 388,318.59 24.520k 274,778.54 21.37% THRIFTY 98,570.61 6.23% 87,095.04 6.77%i 98,570.61 6,23% 87,095.04 6.77% Total On-Site 1,244,483.63 951,083.09 1,244,483,63 951 083.09 PERCENT CHANGE 30,85% 30.85% OFF-SITE RENTAL CAR AGENCIES 3ANUARY YEAR-TO-DATE 2019 2018 2019 2018 $ % $ a $ °/a % ENTERPRISE 163,776.84 10.34% 139,221.32 10.83% 163,776,84 10.34% 139,221.32 10.83% ALAMO 113,585.07 7A7% 127,072,80 9.88% 113,585.07 7.17% 127,072.80 9.88% NATIONAL 61,524.96 3.89% 68,705.78 5.34% 61,524.96 3.89% 68,705.78 5.34% Total Off-Site 338 886.87 334 999.90 338 B86.87 334 999.40 PERCENT CHANGE 1.16% MONTHLY YEAR-TO-DATE Total 2019 1,583,370.50 Tota8 YTD- 2019 1,583,370.50 Total 2018 1,286,082.99 1"Otan YTD- 2018 1,286,082.99 297 287.5i 297 287.51 23.12% 23.12% KEY WEST INTERNATIONAL. AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3S28 MARKET SHARE REPORT FEBRUARY 2019 KEY WEST ON-SITE RENTAL CAR AGENCIES FEBRUARY YEAR-TO-DATE 2019 2018 2019 2018 % S % AVIS 274,810.08 17.63% 244,971,11_ 17.44% 555,578.83 17.68% 448,008.65 16.65% BUDGET 355,413.76 22.80% $ 272,635.24 19.40% 702,218.18 22.35% 504,688,90 18.75% DOLLAR 159,109.89 10.21% 157,577.07 11.22% 289,131,15 9.20% 311,695.38 11.58% HERTZ 392,214.40 25,16°% 305,919.22 21.77% 780,532.99 24.84% 580,697.76 21.58% THRIFTY 77,140.56 4,95% 79,515.76 5.66% 175,711,17 5.59% 166,610.80 6A9% Total On-Site 1,258,688.69 1,060 618.40 2,503,172.32 2,011,701.49 PERCENT CHANGE 18.67% 24A3% OFF-SITE RENTAL CAR AGENCIES FEBRUARY YEAR-TO-GATE 2019 2018. 2019 2018 $ % $ % $ % $ ENTERPRISE 145,429,79 9.33% 170,181,18 12,11% 309,206.63 9.84% 309,402.50 11,50% ALAMO 91,436.34 5.87%' 102,107.64- 7.27% 205,021.41 6.53% 229,180A4 8,52% NATIONAL 63,123.65 4.05% 72,092.52 5.13% 124,648.61 3.97% 140,798.30 5.23% Total Off-Site 299 989.78 344 381.34 638 876.65 679 381.24 PERCENT CHANGE -12.89% -5.96% MONTHLY YEAR-TO-DATE Total 2019 1,558,678.47 Total YTi7- 2019 3,142,048.97 Total 2018 1,404,999.74 Total YTD- 2018 2,691,082.73 153 678.73 450 966.24 10.94% 16.76% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3S78 r MARKET SHARE REPORT MARCH 2O19 KEY WEST ON-SITE RENTAL CAR AGENCIES MARCH YEAR-TO-DATE 2019 2018 2019 2018 % $ % % % AVIS $403,166.17 18.71% $282,433,65 16.76% 958,745,00 18.10% 730,442.30 16.69% BUDGET 536,650.45 24.90% 340,060.89 20.18% 1,238,868.63 23.39% 844,749.79 19.30% DOLLAR 194,320.53 9.02% 164,272.51 9.75% 483,451.68 9.13% 475,96T89 10.88% HERTZ 459,111.89 21.31% 370,310.55 21.97% 1,239,644.88 23,40% 951,008.31 21,73% THRIFTY 100,789.10 4.68% 102,528,57 6.08% 276,500.27 5.22% 269,139.37 6.15% Total On-Site 1,694,038.14 1,259,606.17 4,197,210.46 3,271,307.66 PERCENT CHANGE 34.49% 28.30% OFF-SITE RENTAL CAR AGENCIES MARCH YEAR-TO-DATE 2019 2018 2019 2018 $ % $ pro $ pip pip ENTERPRISE 242,522.26 11.25% 230,277.56 13.66% 551,728.89 10.42% 539,680.06 12.33% ALAMO 134,485.74 6.24% 105,936.06 6.29% 339,507.15 6.41% 335,116.50 7.66% NATIONAL 83,756.59 3.89% 89,408.28 5.31% 208,405.20 3.93% 230,206.58 5.26% Total Off-Site 460 764.59 425 621.90 1,099,641.24 1,105,003,14 PERCENT CHANGE 8.26% -0.49% MONTHLY YEAR-TO-DATE Total 2019 2,154,802.73 Total YTD- 2019 5,296,851.70 Total 2018 1,685,228.07 Total YTD- 2018 4,376,310.80 469,574.66 920,540,90 27.8611, 21.03% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT APRIL 2019 KEY WEST ON-SITE RENTAL CAR AGENCIES APRIL YEAR-TO-DATE 2019 2018 2019 2018 $ % % $ % AVIS 373,749.51 19.05% 227,992.75 15.80% 1,332,494.51 18.36% 958,435.05 16.47% BUDGET 455,500.66 23.22% 296,937.73 20.58% 1,694,369.29 23.34% 1,141,687.52 19.62% DOLLAR 158,184.60 8.06% 130,367.33 9.03% 641,636.28 8.84% 606,335.22 10.42% HERTZ 432,030.95 22.02% 285,578.57 19.79% 1,671,675.83 23,03% 1,236,586.88 21.25% THRIFTY 82,856.41 4.22% 93,358.08 6.47% 359,356.68 4.95% 362,497.45 6.23% Total On-Site 1,502 322.13 1 034 234.46 5,699,532.59 4,305,542.12 PERCENT CHANGE 45.26% 32.38% OFF-SITE RENTAL CAR AGENCIES APRIL YEAR-TO-DATE zo19 zo18 zo19 zols $ % $ % $ % t % ENTERPRISE 247,056.99 12.59% 222,661.38 15.43% 798,785.88 11.00% 762,341.44 13.10% ALAMO 138,950.78 7.08% 119,544.13 8.28% 478,457.93 6.59% 454,660.63 7.81% NATIONAL 73,733.16 3.76% 66,680.44 4.62% 282,138.36 3.89% 296,887.02 5.10% Total Off-Site 459 740.93 408,885.95 1,559,382.17 1,513,889.09 PERCENT CHANGE 12,44% 3,01% MONTHLY YEAR-TO-DATE Total 2019 1,962,063.06 Total YTD - : 2019 7,258,914.76 Total 2018 1,443,120.41 Total YTD - : 2018 5,819,431.21 51.8,942.65 1,439 483.55 35.96% 24.74% KEY WEST INTERNATIONAL AIRPORT _ 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT MAY 2019 KEY WEST ON-SITE RENTAL CAR AGENCIES MAY YEAR-TO-DATE 2019 2018 2019 2018 $ % $ % $ % $ % AVIS 234,681.62 16.35% 186,701.98 16.53% 1,567,176.13 18.03% 1,145,137.03 16.48% BUDGET 352,901.10 24.59% 233,111.59 20.63% 2,047,270.39 23.55% 1,374,799.11 19.78% DOLLAR 121,975.60 8.50% 126,099.02 11.16% 763,61138 8,78% 732,434.24 10.54% HERTZ 328,349.71 22.88% 202,783.15 17.95% 2,000,025.54 23.00% 1,439,370.03 20.71% THRIFTY 71,325.90 4.97% 83,471.61 7.39% 430,682.58 4.95% 445,969.06 6.42% Total On-Site 1109,233.93 832,167.35 6,808,766.52 5137,709.47 PERCENT CHANGE 33.29% 32,53% OFF-SITE RENTAL CAR AGENCIES MAY YEAR-TO-DATE 2019 2018 2019 2018 ENTERPRISE 143,926.72 10.03% 139,213.03 12.32% 942,712.60 10.84% 901,554.47 12.97% ALAMO 110,847.60 7,72% 104,349.83 9.24% 589,305.53 6.78% 559,010.46 8.04% NATIONAL 71,155.44 4.96% 53,999.01 4.78% 353,293.80 4.06% 350,886.03 5.05% Total Off-Site 325,929.76 297 561.87 1,885,311.93 1,811 450.96 PERCENT CHANGE 9.53% 4 08% MONTHLY YEAR-TO-DATE Total 2019 1,435,163.69 Total YTD- 2016 2018 8,694,078.45 Total 2018 1,129,729.22 Total YTD - 2015 2017 6,949,160.43 305 434.47 1,744,918.02 27.04% 25.11% R o lu 0 0 M 00 -------F- M U. M cy. ku w Z C) ta z F4 UJ CY 0 Ln 0) 4- 0 w o mi Z v m Cd > U. LU U) Z bd z UJ Z rg > m UJ w (A 0 ch u 0 i z 0 fA Ln w uj Z— W at Rt z It ul VI u. x z Lu 0 0 0 Ij r > uj ce 3 0 z lu Z z w KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 /l MARKET SHARE REPORT JULY 2019 KEY WEST ON-SITE RENTAL CAR AGENCIES 7ULY YEAR-TO-DATE 2019 2018 2019 2018 AVIS 239,711.60 16.23% 225,541.74 17.87% 2,032,334.85 17.66% 1,543,640.47 16.67% BUDGET 351,166.68 23.77% 290,933.95 23.05% 2,709,284.20 23.54% 1,904,895.06 20.57% DOLLAR 132,069.59 8.94% 131,778.36 10.44% 1,038,030.25 9.02% 974,618.80 10.52% HERTZ 355,771.73 24.09% 234,012.95 18.54% 2,690,785.32 23.38% 1,847,057.82 19.94% THRIFTY 65,268.83 4.42% 75,410.34 5.97% 546,126.69 4.75% 589,470.13 6.36% Total On-Site 1„14,3,988A3 957,677.34 9,016,561.31 6,859 682.28 PERCENT CHANGE 19.45% 31.44% OFF-SITE RENTAL CAR AGENCIES ]ULY YEAR-TO-DATE 2019 201$ 2019 2018 ENTERPRISE 153,245.09 10.38% 127,004.90 10.06% 1,229,992.01 10.69% 1,161,224.73 12.54% ALAMO 107,932.80 7.31% 117,845.91 9.34% 772,377.87 6.71% 775,763.38 8.38% NATIONAL 71,893.14 4.87% 59,609.60 4.72% 488,541.80 4.25% 465,711.09 5.03% Total Off-Site 333,071.03 304,460.41 2,490,911.68 2,402,699.20 PERCENT CHANGE 9 3.67% MONTHLY YEAR-TO-DATE Total 2019 1,477,059.46 Total YTD 2019 11,507,472.99 Totaf 2018 1,262,13735 Total YTD 2018 9,262,381.48 214,921.,71 2,245,091.51 17.030/a 24.24% KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT %f AUGUST 2919 KEY WEST ON-SITE RENTAL CAR AGENCIES Alloust YEAR-TO-DATE 2019 2018 2019 2018 $ % $ a/o $ % $ % AVIS 229,758.24 22.43% 159,920.40 57.52% 2,262,093.09 21.99% 1,703,560.87 67.52% BUDGET 265,037.28 25.87% $ 222,288.23 79,95% 2,974,321.48 28.91% 2,127,183.29 84.31% DOLLAR 134,160.47 13.10% 113,487.53 40.82% 1,172,190.72 11.40% 1,088,106.33 43.13% HERTZ 296,937.82 28.98% 184,529.44 66.37% 2,987,723.14 29.04% 2,031,587.26 80,52% THRIFTY 73,337.30 7.16% 77,691.00 27.94% 619,463.99 6.02% 667,161.13 26.44% Total On-Site 999 231.11 757,916.60 10,015,792.42 7,617,598.88 PERCENT CHANGE 31.84% 31,48% OFF-SITE RENTAL CAR AGENCIES AUGUST YEAR-TO-DATE 2019 2018 2019 2018 ENTERPRISE 151,853.43 14.82% 124,328.89 44.72% 1,381,845.44 13.43% 1,285,553.62 50.9S% ALAMO 95,802.89 9.3S% 99,656.57 35.84% 868,180.76 8.44% 875,419.95 34.70% NATIONAL 55,629.94 5.43% 42,578.28 15.31% 544,171.74 5.29% 508,289.37 20.15% Total Off-Site 303,286. 6 - 266,563.74 2,794,197.94 2,669,262.94 PERCENT CHANGE 13.78% `l.68% MONTHLY YEAR-TO-DATE Total 2019 1,302,517.37 Total YTD - 2019 12,809,990.36 Total 2018 1,024,480,34 Total YTD - 2018 10,286,1161,82 278,037.03 2,523,128.54 27.14% 24.5 %" KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3S78 MARKET SHARE REPORT SEPTEMBER 2019 KEY WEST ON-SITE RENTAL CAR AGENCIES September YEAR-TO-DATE 2019 2018 2019 2018 AVIS $118,884.37 19.94% $144,322.83 23.71% 2,380,977.46 1,847,883.70 22.46% BUDGET 165,657.18 27.78% 197,751.74 32,49% 3,139,978.66 2,324,935.03 28.26% DOLLAR 91,722.06 15.38% 90,568.16 14.88% 1,263,912,78 1,178,674.49 14.33% HERTZ 160,542.20 26.92% 126,443.25 20.77% 3,148.265,34 2,158,030.51 26.23% THRIFTY 59,509.94 9.98% 49,570.36 8.14% 678,973.93 716,731.49 8.71% Total On-Site 596,315.75 608,656.34 10,612,108.17 8 226,255.22 PERCENT CHANGE -2,03% 29.0001, OFF-SITE RENTAL CAR AGENCIES SEPTE M BE R YEAR-TO-DATE 2019 2018 2019 2018 °r0 ENTERPRISE 96,304.74 53.55% 85,937.96 49.71% 1,478,150,18 49.70% 1,371,491.58 48.26% ALAMO 47,87114 26.62% 51,284.24 29.66% 916,053,90 30.80% 926,704.19 32.61% NATIONAL 35,653.61 19.83% 35,656.34 20.63% 579,825.35 19.50% 543,945.71 19.14% Total Off-Site F7Yi9,831.49 1 172,878.54 1 2 974 029.43 2,842 141.48 PERCENT CHANGE 4.02% 4.64% MONTHLY YEAR-TO-DATE Total 2019 776,147.24 Total YTD 2019 13,586,137.60 Total 2018 781 534.88 'Total YTD 2018 11,068,396.70 5,387.64 2,517 740.90 -0.69% 22.75% nr W z 0 U. CL eo 0 A 4'10 0 z Z a- 0 (a in Lu to ui o x mx ce N 0 4 UJ co (A I Lu— 0 w f 1� AJ mw be u cc cl� 0 MN R z C9 0 It 0 0 ,6 6 � u #77, A5 o M 5—rii 9 4 1 w X N A FO 6 eg is I w 1.4 2 th 0 z>. c T CL w 94 LLJ (D G 9 0; 4c CY-' ce z d U.1 0 be Ln re rj > U.J Z Fm , Ulm d z ice LL 0 LU in uj .0 wo aA uj w 0 w 94 A A p --LLL—LJ ppr 0 X 0 KEY WEST INTERNATIONAL AIRPORT �„�^>~"' FLORIDA KEYS MARATHON AIRPORT +0 3491 S.Roosevelt Blvd„Key West,FL 33040 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 -B39S DO (305)B09-S200/Pax 292-3SIS d (305)289-6060/Fax(30S)743 MARKET SHARE REPORT •, :'"" MARKET SHARE REPORT NOVEMBER 2019 NOVEMBER 2019 .....,.._»,.� �OPI-SITE RENTAL CA'R. �t '.....�... _........ AOEAl,CISS ON SITE _... .w...... r e...aaP...._� Y ,...X0A ..N+u -'f ....., trvro k9.k.G ,. ...:1 ew aruB 1a AWS 213359 Is45% 521T48Q 47 2493% 274-64 .21, fly 2},tl+% AVIS .50114 ni e5% 34343)tl 2022% 93T3>8 J0 SY Et"w 5YY 020011 204YaP"w BUDGET IIZ2.. 28 B3% 2G4,U47pS Jn 3l% 348220141 29325r Z-'21442 28 X9% BUDGET .151 Ua 132139W 1v Ql.. $1,015W 31!A1 DOLLAR 10652830 93S% tDl S1619 1]99%'. a4W47962 11.% 1.365.itl31B 13 a3% ENTERPRISE 4783607 3502% 43 bra 3a .13505. I+J906042 IN1111 9U692419 11M+"k HERTZ —14102 25 M% Sda n>974 2871%''... 3M15W. 29— 2.S4B52333 2001% To.10.40e P—k CM1AnSA 4.3% 7.7% THRIFTY 650270 1,— 64,]6G 27 746% 1.n9523 1— B26,3e307 093% ENTERPRISE 44,B1302 97]% Sn g1301 O44M ALAMD 51.34244 S29b 61.16284 0+9%'. NATIONAL —1.SS 3BOab +4 a6e 51 03 P'fAccrt,cnMlnE 321'J . .. .....�� ,."U Aq t MLi,,A:KI A .® ...... mom. ..,.I............. " .... ...n.�.. ENTERPRISE 2482141 W30% f6S.44t 57 93,68% 16..84594 1.624,l-s7 44 fl25 ALAMO 13 E&408 2510% 94.D63.24 "AM 9496G461 WAS% 1.D7B.2>l.qb I2 Jtl% NATIONAL 11)8116 X391% a^A,IG'7.92 35.46% 837,1V!14 19 W% 021.—s' 144844 a.....«..., .. ..i..m....Total On-SIG6 ''...� � --„,..�� M„am POKeN',cn4A0e -84 07% M�ONTH'LY _.......... YEAR-TO-DATE.. tlmnatl. 2019 1,209,635 95 t-1 10 2019 15,741,225 41 tl0a00 2018 b l9d'.?;,B�9'„,�,I, 1'nt'al vtt1 2019 1]09,576.21 'S"'�Wr d' ),6it,649Jtl y., 19:3nw. - fl KEY WEST INTERNATIONAL AIRPORT �y" FLORIDA KEYS MARATHON AIRPORT N° 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200,Marathon,FL 33050 (305)809-5200/Fax(305)292-3578 ,'j (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT DECEMBER 2019 DECEMBER 2019 -- .,. ReM;):P.�+. fAGEN�¢„F.S � �..... "I ENTAL.CAR AOENC'i daS .--- ' M R aaRa--.....;+;(F�F T.,(—RAIL � ..,.,�.,. h ...._,P......_—°........... .....t,-......,.....,...,..:.-_... ..e ...._n ........,M. 1. .....:..,... ..... AVISI In 18642 172% $190,213. itl)B% 62.992.698x6 Y3.98% SE.4X7.Bk115 aE2 b40b AVIS $100201 MU% 37,59B.15 E631% 07898031 'Oft", 949.6300] 291J% BUDGET X*146tl7 2329% 111.0129 E92d% ).9Jt,4Y948 YB)4% 9,09d,2a5 11 ke 92% BUDGET 615.m 403B% 0B.3)O5tl 40 d5% V*OtA% YOfi, x'4'3,M1@pi.,IBO 41.1`fl^6 DOLLAR 108.i6622 019% IOJ,1103d ii.Ya% t.56d,46484 1L)5% 1,a6x iY356 U.65aB. ENTERPRISE 36.wm 2323% 46,9Z1.73 I—. 4fAAVIB b1M1 0¢ ap&.aib WE r✓.Baiou „ „ .... .... .... .,..,_,�......w HERTZ 312%SBi 2J SB% 111,14193 208x% 19J4.94483 Y0 J6% x.axx,58].06 26]4 T'atai an-511a µµa NWAI D.M Itt.60vh a,:9 A44wry I rW",?m'�t� Parcani Cfianga 17.3% S,4Wo THRIFTY 73,1k105 561% 71,874 ax aaz% d7x,4ib za 63 4n3,459 es B4 ENTERPRISE ALAMO fb,UveV,eraw2 2B8,dd9.54 23.J a4a,91196 NATIONAL mdaaa'.ceB.r34,aXnwn 4s ux% J@ 9X% gI'' '.�.,..,,...,, �4t41VA•TD�DATd. .„„�. ENTERPRISE i6Ba 77 4443% -.175 Jb 11.— 105.65575 4951% l.)b0.BX433 4834% ALAMO 1325X2 2991% 166,i97.34 8J9%', dab0201" .45% L-,38838 32.4344 NATIONAL 1,13734 216M 51,91E T6 430%'. 63625962 1961% baa,9349) 18.J99B Total ON-SOa ��..__.._.. ....O'PE.S qdE...,.,.,..,., .;+, 0k,,,.„.mm. ........W.....,.....,.....,�� ado®niauMee. -9849% AD i9°lo MONTHLY YPJtR-TO-DATE W-t 201q L33I.sz9.so royal YTD 2019 17,073,154.91 tl%ai zma ,_gyunl' .k4 T-P Ym 2018 14.337.476.95 'I d'4�M.Ydb6 3.J35 bJJ.04 ]9.mu KEY WEST INTERNATIONAL AIRPORT 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT JANUARY 2020 KEY WEST OWSITE RENTAL CAR AGENCIES JANUARY YEAR-TO-DATE 2020 2019 2020 2019 % % AVIS 288,201.85 16.09% 280,768.75 22.56% 288,201.85 16.09% 280,768.75 22.56% BUDGET 372,907.43 2082% 346,804.42 27.87% 372,90743 20.829% 346,804.42 27.87% DOLLAR 148,535 79 8.29% 130,021.26 10.45% 146,535 79 8.29% 130,021,26 10.45% HERTZ 399,594.49 22.31% 388,318.59 31.20% 399,59449 22.31% 388,318.59 31.20% THRIFTY 111,77644 624% 98,570.61 7.921/b 111,776.44 6,24% 98,570.61 7.92% ENTERPRISE ALAMO combined 470,028.01 26.24% 470,028.01 26,24% NATIONAL Total On-Site 1,791,044,01 $1 244„483,63 $1,791.044.01 $1,244,483.63 PERCENT CHANGE 43.92% 43.92% OFF-SITE RENTAL CAR AGENCIES JANUARY YEAR-TO-DATE 2020 2019 2020 2019 $ % $ % $ % $ % ENTERPRISE 163,776.84 48.33% 163,776.84 48.33% AL.AMO 113,585.07 33.52% 113,585.07 33.52% NATIONAL 5.62876 100.00% 61,524.96 19.16% 5,628.75 100,00% 61,524A6 18.16% Total Off-Site 51628.76 338,886.87 5„628.75 1 338 886.87 PERCENT CHANGE -98.34% -98.34% MONTHLY � YEAR-TO-DATE Total 2020 1,796,672.77 Total YTD 2020 1,796,672.76 x"oral 2019 1,583,370,50 Total YT0 2019__1,583,370-50 213,302.027 213,302.26 13.47'% 13,47% R 0 0 j CL All IL LL co ui w 9 'y 0 La (14 0 T U.J c) 6 .J cr, tq z IWO 0 �10 < e Zuj C(. 12 X :k!LL cf, uj uj W > < U— cd c� ,I yj ;0 to 00 z ra a Ln .4 in cz sr tom M UA M en 0 w 03 LL J� 01 .0, cz IL 0 0: . LU w uj KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT Key West 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 I wrn.%Wmid Mrp-t 30s)809-5200/Fax(305)292-3S70 (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT MARCH 2020 MARCH 2020 MARATHON AG CIES MAE L uL y AM AVIS BUDGET 425019 Y2 2040% 13001 IS pt% Y.xYb b6b 63 2942W BUDGET 1132304 1244% 11—M 1105W1,I n— 1-01I. DOLLAR I a5 6W 74 151% Y9a Ia011 4606065E b4Y% 4fl3.n5t se ii Rx% ENTERPRISE 61 W 0 —A —'M 296 a26. V4% HERTZ --:J0jy* 31422040 '819. T-1.-V. I=I Ll; -S,6% 5.6% THRIFTY g9635 x4 512% ;P11MI., 9eSrvu 333 W IS 601, 6 ENTERPRISE AL M '—w— 'ATIOML ........... .......--------------- EHTERPMSE -IN AUMO "BAU MONTHLY ---VE-A$tTO-15'A-TE 1020 r—1 YT. 2020 SAMS.l rranao 2— T-1 M 20Y9 WeSt KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200,Marathon,FL 330S8 Key Iln¢x±o nafian.d A,i1T m (305)809-S200/Fax(305)292-3S78 (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT APRIL 2020 APRIL 2020 ...�.. KEY WEBr�........,. ......,_- ...�... _... „ MAR,A.TM6d!bN w......_,�..-...-.. ....^C!N^SITE RENTAL CAR MAiCI',E+A' 5.[TE RF.NTA, AR AGLxNO10E'S ""'"' APRIE YEAR 49IE_,.. .. as _ YEARWTa1 iaTE_ al Y ........F41 W, 4J�,.,,.....-.. AVIS 310718, 170%'0 373,74951 2488% 9051me 1602. 1,311,494.51 2330% AVIS Noma 303$% 60,77770 2607% 25209519 B0Y41% 261,83920 2931% SUDDET 4361182 2475% 455,54066 3032% 1.41234763 2500% 1,694,3G9.29 2913% SUDRET 30.77055 3592% 91,11335 3908% 274W26 V$14, 375,93722 17.79% DOLLAR 16.J0507 9254 t58.10944 t051% 476.91163 8.9n%' G41.034,20 It 16%'', ENTERPRISE 2869369 33 n% 91.24006 3905% XS'02064 'p;YD9% NA- HERTZ 41-42762 2351% 91Y,08495 28199h t0A66694 1--1 Tabi On-Si4f y�,'yQk,Q..., ^`w'„w ,L{i, _,9,',1�...«.....»tlbRM �1 .:.,,.,,.,..�,.�"Lt+7--•--� w+++* Percent Change -63.3% -Sl.q°h THRIFTY 4.2003b 244% B2,B5fi.91 55z%i 3382976I 111. 159,35G 40 4l ENTERPRISE ALAMO ARYurtk_M 19.S11.41 22.42% 1)02,924 71 24 98%n NATIONAL T..1 FTYM6:.YM'—.1 -0027% 089% .. .. WNY&ACP 4:0 fiA B:AA A0YBi0GTW __... E^R1L ............ '".'.......,-.� Yt2t TbtlATr .® .... ENTERPRISE z4),U5G.99 51.74% 790.705.80 St,2x% ALAMO 130,454.]B 39.22% 478,457.93 14.60% NATIONAL - 1133116 16.49% 1341028 ].W% 2B2,1]0.34 IB.09% -W OH-Slte ..,.,, .w.,�,..„Am"I-...--�-...,.,..,..MwhAa k� nw........ vOAcalm cxAr4c0 ^.�'V, IWO^�, -9514% ....._..........MONTHLY __...n.... ._,..._.................Y_.,.-...,......, ....._.,.._........M. EAR-TO-DATE VoU6 2020 176,228.67 T.01 m 2020 51662,029 91 I—, 2tl19 ....iaM,lyf'r.^t1.kl.:u'.�:- 'T.111 Y@ 2019 7 250 914.76 �.7, ,3,tg is a 59a,een.453 „p �aztlPa, E FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 overseas Highway,Ste.#200,Marathon,FL 330SO Al'pon 9-S200/Fax(30S)292-3578 -6060/Fax(305)743-0395 �0 Key W(�St KEY WEST INTERNATIONAL AIRPORT (30S)SO (305)299 MARKET SHARE REPORT MARKET SHARE REPORT MAY 2020 MAY 2020 KEY WEST E REN CAR-9NCI .................... ON-SrTE RENTAI SWAO.Nckci- YEAR- -a- mm- -A3]L---- ................ ...........---------ad ........ ................ ........I --a- ....... AVIS 5746265 2175% 1 2.'A 0162 .16. M'mou 16 2.% 1,561J71 0 2302. AVIS 35.08)39 4121% 45,S45 90 27 75% 28799249 31 WIN, 18 2937. BUDGET 49.15627 1068% 352,90110 3161% f,461,71610 14 lz% 2,043.270111 I.- BUDGET 36umm 42%% 62,$011 3810% 307 955.25 3153% 43k...13 3171% DOLLAR 13312W sw% 121.9)440 L I-, 490,22462 &2", 763'61188 11 22Y, ENTERPRISE 13,49909 1501% 55,735 50 1116% 02 09 W 35.11% 124111110 Um- NER72 11 71772 27 14% 118,3071 29 60. 1.204,724% zo 29 37. T-1 0n-5ft0 P—t m-g. THRIFTY 5,36E BS 204% "'125.90 CA- 34368448 581% 430,68 S. 63. ENTERPRISE ALAMO -Wno - NATIONAL L=- T..1 O.-S]. 610,0m"T ....................... - ............... ENTERPRISE 00. ALAMO 110,647.60 34.01% $89,305 51 31 26* NATIONAL 0,51159 353,2930 0 744E T-1 Off-Si. =accIc-—RUE :=927=110176::1:R'1-2m'j_-L'=im1 -00 97% '98.26% r- :020 264,340 21 r.W Yfb 2020 5,926.370 12 W q ZDIP T.W Y@ 2019_1&24�070'15 ..........1-1... ...... Key West KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT it 81vd.,Key West,FL 33040 9400 overseas Highway,Ste,#200.Marathon,FL 33050 3491 S.Rooseve (305)289-6060/Fax(305)743-0395 (30S)809-SM/Fax(30S)292-3578 MARKET SHARE REPORT MARKET SHARE REPORT JUNE 2020 JUNE 2020 ON-SfTE RENTAL CAR A04 AU ELAM— ftL................. .............I--- ------------ AVIS 30999349 1678% S 225 a17,12 21 10% 107258503 16 83% 117921623 AVIS 76.480 4310% 47,36017 31,31% 364.4£A.92 3327% 374,16535 1183. BUDGET 39E.58303 Nm% 310,84713 29 22. 1,461,716 10 22 ll% 52 2095. BUDGET 94A55 69 X74% 51,0635 PH% 362,410?t 3306% 405.916.66 37"% DOLLAR 24'm 57 30M, 13— SI4M719 .11% 905,94p 0 11 5— ENTERPR15E 46jm59 26.00% 46,924 94 31 01% MSIS27 nm%1 1.5,71111 1184% HERTZ 139.85630 18 25%i, JJ4,9eB 05 1141. 1 mk=. 2l 7- T..1..-S11. Percept ch-Q, THRIFTY 27,28D 4 ENTERPRISE ALAMO —b— 178,11511 2l LlMl. NATIONAL —y T..1—M. m A— ............ tw_ ENTERPRISE U4,01.42 49-18% ALAMO 71.131.51 27.57% —A45 01 I.— NATIONAL 561923 100 W% 63.J54.B6 -- 19 127 ImUm T-1 Off-siw :�' YEAR-TO-DATE Timtsu -LktLQ_12: Mo r.W m 2020 6,391,034 35 Wl? YTO 2019 M030,413.$3 TO., 2019 A 0 Ln WLA 0 CL c 0 ad 0 U)0 Z at 0 Ln 0 Z4 r w Lli N x Ln 19 et L LIJ z C; W m to 0 w cz Lu O z e cq n 0 0 IN J o U. CL U, ku Iq w rq r4 0- VA .j >*— ui to Z O'd— U.J N > x C� 0 R m ,U. Z (f) V) cc z > ui v N cn M LA ui :3 z 0nor v < fe 0 am (n to z UJ LnCI n n >My urj 0 LU 0 No ix r 0 o cc Z 0 w 0: lu z ii x z B. KeW eSt KEY WEST INTERNATIONAL AIRPORT i" FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200,Marathon,FL 33050 intemational Airport (305)809-5200/Fax(30S)292-3578 (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT IM!Bq- MARKET SHARE REPORT AUGUST 2020 AUGUST 2020 14�M�TUON ........ ON-SITE RENTAL CAR AGENCIES RENTAL CAR LkNiClk�_YEAR:-TO-DATE To- ................ J_ ........... .............. AVIS M 1842%,1 23%711 W 20 95 1.420.75108 1741%r2,262,093109 22 59% AVIS 71AN23 3967% 39,02076 2839% 50172215 .72% OL1669- 2969% BUDGET 278.26561 X 53% 351,16668 30 701A IM"826 24 35-1 2,974,321 V) 29 70% BUDGET 46.17248 25 t9% 48,945 05 35 60% 462.32026 1187% 600,B73 04 37 79% DOLLAR 41,35357 454% 132,069 59 11 Wk 581,03126 7 12o, 1,112,19072 1170% ENTERPRISE 63,WS2 tirt% 19,51128 3601% 484.60641 3341% 493,669 26 32"% HERTZ 154.61236 1698% 355,77173 3110% 1,609,49953 19 73-A, 2,967,12314 29 83% THRIFTY 36.01114 39556 (31,10 83 5 71% 457 201 43 I W% ENTERPRISE ALAN oobmd 1233.14900 M 14900 25 58' 2.la4,224 03 25 79% NATIONAL Total.-Sit. nE ENO 9= _1_u ..=I �E E,=, ==f 9—I. i_rmli I ..WA _OFF-SITERONTAL CAR AG9NCIX5 ................r.a... 2019 ................ ENTERPRISE 151,053 43 50,07% 1.391,045 44 4945% ALAMO 95,602 69 3139% 86S,100 76 31 07% NATIONAL 5rm 03 55,629 94 10 34% 26 Soo so 544,17174 19 48% YOW011-site iar MONTHLY YEAR-TO-DATE r.,M 2020 L917,3a6 90 YTD 2020 8,187,902 17 TOO I019 Tatai 'D 2019 12,809 990.36 ............... V LL'in 0 jE 0 00 mm cl-I ) z in 0 (4 Z 0 — 0 Z W> 00 UJ N 4* x uj0 N z 19 M W 0 (n uj (j) ..0 cc to tom o 2: z UA UA F- I W. or too, X CL cy-, ui 99 mof < 0 00 _j U. at ...... —----- 0 C6 65 m co 0 J N 0. m U.Ln OC 4c .m wo LU Ln C( ui N a x <5 LU Z aLLm -r ,-, U-) ul :'.Cc) ui 0ti 0, uj ku - Z IS - v fL m 00, C)� LJJ 2 9 11 n < Ln z Ui 4i;; ur 5" Lu II X UA cu ul U) ,Z 0 0 ad x 0 0 Iz lu z 1.2 , , Z Key KEY WEST INTERNATIONAL AIRPORT 4° FLORIDA KEYS MARATHON AIRPORT InYernaUaav�lAiei s 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200,Marathon,FL 33050 "m (3 MARKET5200/Fax (3REPORT 78 �,,"�. (305)289-6064/Fax(34S)743-0393 MARKET SHARE REPORT OCTOBER 2020 OCTOBER 2020 MARArNn�K RAYWfSr E.. ...�. ._........... „.... ._..�.�,......, QN 317E RENTAL CAR AGENCIES ON SITE RENTAL CAR AGENCIES YtAR To OAT a G rR YEAR TD ar TF FE9mt ._... 2t11 ....._.. Lw11 ...... .� AVIS 18374126 4T 63%1 1526333D 2122% 1:752.5CA 11.54% 2,533,61076 22.36% AVIS 61.17937 3626%� 25,53246 2467% 621.29,57 3518% 511,24888 29.12% BUDGET 254.50800 247D%. 210,097.95 29211A 2'8'01242 2462% 3,350,07661 2956% BUDGET 4788751 2826%, 41,082.27 M69% 55976459 317" 664,082.96 37.79% DOLLAR 525199, 510% 88,04054 1224% 671,611.As 6 72% 1,351,95332 11,93% ENTERPRISE $98540 3546%, 36,88856 3564% 584.%l% 33121A 560,22435 3284% HERTZ 164.76461 1599% 214,11460 29.79k'. 1,895,30469 1897Y4 1,362,43994 2967% Total On-site j,T,ft,l' AW NW,p„t`^„,,;µk_5=I.3=15 a,=,'86�^ „„�'1i,`,'i�.,'LK,-31?"�''«,., P.—M CNango E3.0o/ 0.E4/9 THRIFTY 43.05223 418% 54,328.69 755°h'.. $46,484 DI 50%, 733,102.62 64711 ENTERPRISE ALAMO ma+nb-imm8 k 331.751 25 32.20"A 2,645,841 2] 24 be% NATIONAL Total .........IT .... 019..2Y.6— .G4.104,MMY ...... ........,.®,,..... PERC6tIT CHANGE S3 Bi% -t 1 62�bmm �,.,................ ...................vim,,,.. OFF-SITE RENTAL„CAR AGENCIES ...�.........,,........,, „',�_........�............ OCTOBER, ... �.40.^LSt�.........� �..,...,._Za, .._.w „tea ENTERPRISE 120,714 39 53.14% 1,598,864 57 49.95A ALAMO 60,946.71 26 83% 977,000.61 30.529% NATIONAL 18,02043 45,5/5.71 20404% 45.66236 625,341..12 1953k. Total Off-Sit. &.,&a.'P^„lr4.k,,....... ........-.-,-...2kvsY7!1 L".,— E;u h2 PENDENT MANGE --------MONTHLY www TW E 2020 1,044,157,69 ktM Y D 2020 10,037,28249 '"ova. 2019 g'M1fN k7m6,99 TOW Y D 2019 24,532589.55 yeYyqyW'y '�'4. (4 495 307A6) a,mrenwlidwuwu't"' -34.93Wa yWest KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 6� 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 overseas Highway,Ste.#200.Marathon,FL 330SO IntemationelAirpnrt (30S)809-5200/Fax(305)292-3578 (305)289-8050 I Fax(30S)743-0395 22� MARKET SHARE REPORT MARKET SHARE REPORT NOVEMBER 2020 NOVEMBER KEr wa=ST �.. MMN4ATHtMN. w.. .. ON -TYEmAENTAL CAR AGENCIES ON-SITS RENTAL SCAR ACES _ _ NoviF90.- I AT€ ;g19 tozb AVIS 195,43588 1626% 4 21395908 1845%': 1,84,0,98007 I-Ift 2.747,46914 2200%. AVIS 81,M. US,1% 40,501.I4 29.65% 03,1747 33512% 517,17830 27 M% BUDGET 303G5$00 24 N% 312.20480 2693'Y'' 2,763$70 a2 2465% 3,662,211141 29.32% BUDGET 4563036 2558%'. 46,256N 3533% 605,59495 3113% 732,33900 3942% DOLLAR $3,30711 519% 108,57630 936% 7M,91896 655% 1,00A7962 11.69% ENTERPRISE 71.4043 WMi,. 47,83607 35021 656.43139 8375% 608,0042 3289% HERTZ 210M62 1721% 299,14102 2580, 2,lS5,36031, 1678% 3,01,580% 29.31% Total On-Site "�q„tw% IWkY1F^m�.,.. m XIYNk"�a YJ O,(i„� ......_� Parcant Chas9w 31.2fo 4.5Wa THRIFTY USS219 448% 65,592.7. 566% 8a114710 536% 798189523 6401, ENTERPRISE ALAMO —bl-d A 39025321 31.94% 16D,W4.47 3,055,$9448 2726% 160,04462 NATIONAL Total On-Slte W2ml}&ti&.YuX ITti7..%dm„NM742 �. tit R�.i 41.9+7➢w bAN AgN1w.:'VSY 44 NtfYNCtfYXI'I9lt.MTlL 5 26% l0 2]% ............. ... ...''(1 9dEMe, .. _u _..... . _.....�....- ...,..,,. .. .... ....._ .,... ENTERPRISE 24,62241 50,38% 1,673,68698 4995% ALAMO 12,664 08 25.10% 989,66467 3D45%1 NATIONAL 10330W 13,78116 23,91% $5,99335 637,t2226 1960.1 Total Off-Site N N t t 6 ==2E Bear l:NaaCE -79.03% .9628% MONTHLY ..,.-... ..... YEAR-TO^GATE Tntal 2020 11230,683 00 'TotaI YTD 2020 12,267,965.49 Total 2019 1,208635.95 'T100 YTD 2019 15,741,225.41 22.9-07 a5 14 473,259-1 I E2% -1��®2% Key !G KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 4e71 3491 S.Roosevelt Blvd.,Key West,FL 33044 9400 Overseas Highwayr Ste,#200,Marathon,FL 33050 ✓,�(� International AirpnrP (34S}809-5200/Fax(345)292^3578 (345)289-6060 If Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT DECEMBER 2020 DECEMBER 2020 SITE R@NTAL CAR ACirENCIES ON IT R AVIS 25786944 1$494,3 235.15842 17,72% 2.208 No 31 17$2. 2196216501E R4 W4i AVIS 69,24019 3200% 61,00201 36.39% m 34.0M% 578,180.31 2855% BUDGET 33466469 2400% .309,14801 2329%, 3,096 335 31 24501, 3,971,41946 2814% BUDGET 62.40626 2684% 67,68490 4038% IWA8C0N 'XIj*% bNN;M1pbma DOLLAR 802072 576% 108,10522 aIs%. 615120060 647%, 1,SG8,66969 1135% ENTERPRISE 04.75659 3917% 38,94606 2323% N4 tqS'" M"% 647,00648 3195% HERTZ 205.71964 1476% 312,96587 2356% 213,11079.5 IS J3% 3,974,54683 26761 Total Oo-Site %4•....—. RXi cxn, fuY 8 „„ DtYe NflMI, Par—tChaago 2B.IWa 4.54b THRIFTY 24.03367 172% 73,12105 5.51% 625,18077 4,96%. BJ2,01628 6.31% ENTERPRISE ALAMO combinao # 49482057 352- 386,869.54 21.76% 3,547,823.05 26.14%. 446,SIS16 335% NATIONAL Ta4'a4 On-%nor tl dM4,'wiLlTM m k.7,4A5 k1 zFd f%6n 1'2 N,7 5d ll.8glF..:tlbilfi& yreXCtxr c94Xx&'X 526% ENTERPRISE 1,%B 77 M.43% 1.625,65575 49.94% ALAMO 1132522 29,91% 990,90969 3045% NATIONAL 'w"3552 1,137M 25,61% 67.12887 636,259.62 1961% Total ON-Site .........,.w 'A 4 a3 tlil,a1wu •••••• pexC6xT CHXxae IS129% -97.94% M0HTHLY YEAR-TO-DATE Taint 2020 1,405,641.35 Total WD 2020 12,673,606 84 Te4,a1 2019 %i2P,d 'natal YTD 2019 17,073,154.91 9k.dlb. (4,399,546.UJ1 .b3%M �X5.7>y KWest KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT ey t 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 overseas Highway,Ste.#200.Marathon,FL 330SO WerneinuhUntari (30S)809-S200/Fax(305)292-3S78 (30S)289-6060/Fax(305)743-039S MARKET SHARE REPORT It MARKET SHARE REPORT JANUARY 2021 JANUARY 2021 K"WEST MARATHON ON SITE REN rAL CA Y YEA - ....... JAMI 22L ........-------JIM_ .......... ................. AVIS 2750592, 16 n% 1 260.20185 1609. 27SM21 1678% 288,201.5 16 0" AVIS 115 W2 57 "M% 89,27522 X29. fll,44zs MON, KPIM BUDGET 36023465 22 34% 372,90743 4 8^ 3662340 22 P% 372,90743 n A^ BUDGET I06.20794 3053% 00,79900 3104% It*20y 0,1 Asm W,"I W Nb A- DOLLAR I09A8418 668% 146,53579 a n. 109,48416 6 60% W,535 71 29% ENTERPRISE In,M'% 3611% 90,27368 3411% 5T0.J16t 0 Mn11* A hplu HERTZ 2.,_0 1547% 399,1134 41 11— 15 47% 399,59449 22 T..1 On-Sk. _j!LL"z P,,,,,t Change THRIFry 1m 2. 0 0% 111,T76.44 6 2- 7,88328 — 111,71694 6— ENTERPRL5.E,,,., tn,.n�� ALAMO 24% 470,026.61 26.. .11,117S 4S n 47%01 26 N. NATIONAL =_Total On-Site _-L—im U11 icv� OAT% .8.17. .......... ............... .......... 4ML---------- ENTERPRISE ALAMO 239 NATIONAL 2759 5,6111 76 23527RI 5,62676 Total Off-.It. —CENT CNANce 32S 10% 32S 10% MONTHLY YEAR-70-DATE TOO zDZI 1,663,204.75 1...4 VIM) 2021 1,663,204 75 T'W 2010 ALML21—IL TOM YTD 2020 $1,796,672.77 403,468,021 ....................... ................ U. Ln 0 0 0 m OO 0. Jc 41 1? 136 ce M M 0 Z Z x Lu In UJ to 0 1-1 m N r SC UJ 0 R z V4 9 rn UJ W be RM di �e ca w 4 =Cc W UJ N LL Cl tA m 0) Ln U. > an 0 ca O w LL N N 6 In uj L Im w fz Ui 0 1,4 ce 0 0 -U.4 in N Iq ni z M ui g N C6 0 UJ 0 -d x cl.' rIj (f) UJ >N f I v U% uj -0 0 C� U— OD W) R ul z —In 2: 0 m 4-,) t5 qi 0 Z cc 0 0 0 0 z x Z-C w -C z cc I— w Z 0 Ln 6 .j LL uj LM m 0 0 m 9 ry 0 LU o LM LLj 00 z x uj ce o < F.4 0 U-) V) m 0 >. �C be uj=T uj 11P 0 0 O:t 9 ti .j LL > 0 0 cl 0 YI UA z uj O ry IL C) uj .J khrs .0 0 C( ZY M UJ 1 11 as do o C2 0 x LU < N in Z U) au Ix u La La 0 in uj Ix z 0 w w Lm Ch m :t z Cie 1904 IL 0 z ce N 9L Z c 0 ce W 1- U. Ix 20 0 ww 2 2 0 .j x I- o w z 0 z 4 co Key t KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 491 S.Roosevelt Blvd.,Key West,FL33040 9400 overseas Highway,Ste.#200.Marathon,FL 33050 Intemati es 3onal Airport (30S)809-5200/Fax(305)292-3S78 (30S)289-6060/Fax(30S)743-039S W MARKET SHARE REPORT MARKET SHARE REPORT April April 2021 KEymm ...........I ------ CAR AGENCIV A A .......... M RIL—_LI AVIS 0313760 1461% t 31 071 81 0 63% 138961233 15 11% 16024% AVIS 122,84696 3175% 26,00565 .15. 0533472 na" 252'.9.— 3035. BUDGET U3 61114 2312% 43,61102 24 75%, 2162,13453 21 1- 1,412,347 63 25 00. BUDGET 102.641dl 2650% 3.171655 1592% 409 45106 S4'W% 171,35725 32 57% DOLLAR x0.4o0 u 100% 1G,3tl507 9 25. 115133281 03. 476,9Y143 14 ENTERPRISE 161.6*793 4176% 28,893" 3312% 592.88989 *4^ 309,0ztl G4 V 0- HERTZ 4.A.05 1544. 41,427 62 20 06% 1 O511. Percent Chang, 352.D96 �78 5% THRIFTY 549783 0 1- 61 1 ENTERPRISE ALAMO —b-d 5 1,0 18249 1601% 1%11117 J,234,42286 35 B3% 1,382.924 71 N NATIONAL --:iIAo.'SR. r, azaz—..� WA .............. ENTERPRISE ALAMO NAT70NAL tt,39348 Im W% 13,41028 1000044 Total off-sil. —CE---- Y TV4411 2021 2,830,992 60 T.W 'TD 2021 9,106112163 9"101 2020 T0W m 2020 $5,664.029,91 I—A-72 60,03% ... ......... Key 3 West KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 49I S T S. Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 (305)809-5200/Fax(305)292-3S78 (305)289-6060/Fax(30S)743-039S MARKET SHARE REPORT MARKET SHARE REPORT May 2021 May 2021 KEY WEST C. ON-SITE 014:N11as "R hLA�-"A�A�EaC!L_-- y 40� A I ........... MA ...............TAT!�11- L AVIS 07 312 1622% 8 57A6165 2175. 1,W(i 92617 1541. 962,5O 5,1 16 2.. AVIS 12277951 3769IA 35,0.710 4121% SM11423 I15M 287,99249 3131% BUDGET 646.46049 23"% 49,36827 18 60. 2.628.595 02 t,12% 1,46"716.m 2112. BUDGET 66,43267 2647% 36,59— 129- 496 a3 75 nAA 307,955 25 33— DOLLAR 2M.52a 37 10 26%' 13,31299 5— 110911861 1,31. 490,224.02 29% ENTERPRISE =.35�% 13,45904 1581% 710.18844 3tifV% 322,096 3511% .......... HERTZ Bs16 7M 71.717 72 11— 1,—,171 11 11 t1. 1,6 1.— — - j T1 DSit, .� 2 Percent Ch..g. 283*S% 97.5-16 THRIFTY 1,471 98 003% i,30fi 85 244% 5 2232629 It., —'t. 5 81% ENTERPRISE ALAMO 13% 66,990 42 25— 4.7—I 1 12% 1,449,9r5n 24 NATIONAL TWA 014n41m .....m8 ...... p—t... 92036% 963341 W�uff Akht*g""A ...................... ............. ..... ........ ................ ENTERPRISE ALAMO NATIONAL 6,156 23 Im WW $ 13,511 ............ T-1 Off-Sit, —m.ULLt—"'—--------RLIL mcew 11"m 7952,74% 467424% YEAR-TO-DATE I to 2021 2,704,341 89 W41 m 2021 111602.305 29 V040 2020 T4to1 m 2020 95,526,370.12 .... ............... CyWestKEY WEST INTERNATIONAL AIRPORT ` FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,F6 33040 9400 Overseas Highway,Ste,#200.Marathon,FL 33OSO Internatimal Mrporl. (305)BB4-5240/Fax(305)292-3578 '�„ (3O5)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT June 2021 June 2021 BEY WE9Y _ ,_. ....... kRA7Ht5w ......... � ....._. arz.__..._... E.REK4TAL CAR A 7BN,1,._.ES - O S'T'�' h4 AL ICAR AC,ENCTE O 1bA C. iy v..... z0aD ....., ice. 3 s aozo_....,..._. m .l.+?.9 ..... gym OAT i % ....,...._.F_.......�. _...., ....... AVIS 46055691 1672% 'k IN"149 167R% Z287,52208 1"s67% 1,072,5R503 16R3% AVIS 10537$% 3556%,,',.. 76,47843 1318% 71319079 3381% 164,4699a 3327% BUDGET 713.WS 47 2463%. I96,Se360 a99R% 3.442.46049 2426% I,461,7U,IO 22.94% BUDGET 69,38972 2342% 54,45569 3071% 585.27347 2678% 362,410.4 3308% DOLLAR 121,15,11 7921''. 24,002.11 1661 1,311,11111 114% 111,117.11 60]% ENTERPRISE 121,56521 4101% 41,11111 111- "1.11378 3941% 386,6]S 2] 3365% HERTZ 4100B634 142]% tt9,65R 10 le zs%' x,x6R,5R4 z5 1554% t,3x4,1tla 60 20.76% Tetel On-Bite MMi,"I ,',5„,„,d„, ^j; a ,„,�,!'H„„,.9,0',�:0'6°'4 d !.,RM'�HHx Percent Change 17.3% THRIFTY 014 D00% 21,28053 414%,,5 2232643 0.15% 11010b5.01 5R2% ENTERPRISE ALANO combined S 1042,51900 36., t7e,11511 27.1- 5,I60p0011 35.34% 1,628,03026 NATIONAL T."I0m4a. IT m.mfl0 FIN --•µ• ARF+p,e15 wrvY _�� S5m/wA'9 4N MM W�.ITIT 4N.R10.630 HpITITIT.. xY'b4'.k'A•M'1:w:IBpM 13848% 129,144ry ....... ..........m______ �......,.,... ..,_gNNw9AR1'.Rr 3m%X"A. ,,, -- ...w...�.. B R4@,..... B Y_ ENTERPRISE ALAMO NATIONAL 13.B07BB 14*WN'Y'%F 5616 19.127R2 IOD,00% ..,,..,.,«................�....,.........., .,«.,., ..,...... ..,.,,,,..__..........,.«..,.,.......�.. i,i,i,i,i,i...,,.,... Total wt-s2te .. ...5.}.2"Pr.la tL". ... .4kk�.3.", ° na�rrr cluxee S45.B5% 372,BB4b ...MONTHLY T O.I 2021 2,896,639 46 II«W4�4d YTD 2021 14,690.944.75 7 a W 2020 k LLAb3 m T.tm YTD 2020 W391.034.35 r�r� R 244 9Y0.90 33m... ;% , S;PAR>°✓= Key WeSt KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200.Marathon,Fl.33050 (30S)809-S200/Fax(305)292-3578 (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT JULY 2021 JULY 2021 ON-SITE REmTXLUC;AR ---------- AVIS $21 78045 1802% 5 1W,261 U 2058,1 2 WS 30253 160% 1,252,—17 11 2- AVIS 7936088 2959% 67,4050 307- 79245,67 39133% a31,8bS 92 31 tM BUDGET 75002537 25 WIA 246,706 35 z6.6% 4.292 465 86 24 53% 1,708,12245 23 5- BUDGET 7DS040 2067% 53,73686 1089% 84,W 67 2711% 416,147 00 32 7.. DOLLAR 189.Dt590 053% Y5,95G 54 2.91. LIM—st I'm 539,663 0 1 45% ENTERPRISE I09.21487 4074% 52,84262 30 37% 941.0080 39%% 421,517 89 13 a% HERTZ N t79b 2570,648 01 A— 1.454.687 17 20 07% T-1 On-site Mang, Sa.z% 87.4% THRIFTY D00% 50,22ti 26 573% 5 2232643 0 Dl- ENT1RPRcombined SE ALAMO __, , 38 —243, 79 1,871,075 03 25 61. NATIONAL Total On-SiteITIT 211-00 q-ni:T ................ ............. ENTERPRISE ALAMO NATIONAL 15.76719 1WW4, 1561 1.238 47 103w% 22.69063 -.1 Off-Sit. -——----- 343P11% 369,20% WO—Nifty r-----VEAR-TO-OATE 8'W 2021 1 2,911,307.29 TeM Y 0 2021 17,02,252 04 Ttlo auzo --a-14�20-4 L Tox, �D 2020 17,111,111,11 14XV). ...........—. Ln mu 6 UA . LL 0 o m IL =m 'o of %0 Lu 04 � ce 0 z a- 0 0 ujV4 00 M C( rq F- *k UJ u. , m 0 V) 0 0 LLI Ch X 0 0 < Ln 0 U. 0 0 0 q an IL cc z UA en 61 c� c 0 N uj 0 on Ok r4 CL -4 UJ rq ce pi Lli Z 'o N 0 3 U. V) > Se z 11 Z UA ITJ -0- z 0 0 ui 0 !2 I ", Ul 0,Ln NF moz c O cc 0 19 w z -x F uz w z Key WeSt KEY WEST INTERNATIONAL AIRPORT FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,Fl.33040 9400 overseas Highway,Ste.#200.Marathon,FL 33050 (305)289-6060/Fax(305)743-0395 (305)809-S200/Fax(30S)292-3578 MARKET SHARE REPORT MARKET SHARE REPORT September 2021 September 2021 Key WIST .......... ==E4. .. ..... —Mu- --—------- AVIS 246506 02 150% 9 14807207 1047% 3516470H 16 26% I,56..W 73 17 51. AVIS $923998 022% 56,39-15 3057. 94929245 34.11% 560111230 3506% BUDGET 409.90 3, 25 M% 218,R1616 77 29% 5 M2 326 11 24 79% 24 61% BUDGET 455 19 2B41% 49,1560 3403% 749,474 81 2695% WIWO N 0% DOLLAR a 11% H,04 6. 171% 61 9.35%. 6I9.091 94 6— ENTERPRISE 4545615 2837% 27 39. twZul 87 3642% WAINH 11 1)01, HERTZ 20BA. 1557. 51 IS 09% Percent Change 9.6% 74J% THRIFTY 0X% 41,11111 1— $ 22 326 ENTERPRISE ALAMO —bin,d $ U NATIONAL Total On-Site 90"% ............... .................. 11 04 TAL".-- L.'�=I my..Ml—............—4 ton-— , -- — —-—----------- .......... ......... L ENTERPRISE ALAIMO NATIONAL I.—Q 125 W 1. 1 31,- 93 ...................... T-1 -67.40% 293.70% MO THLY YEAR-%:6A—TE r W 2021 t,mkM 315,00 TONI M 2021 21,757,46901 10'0 «01r9 2020 SS,961,262X ............ ............. Key West KEY WEST INTERNATIONAL AIRPORT International Airport 3491 S. Roosevelt Blvd., Key West, FL 33040 (30S) 809-S200/ Fax (30S) 292-3S78 MARKET SHARE REPORT October 2021 KEY WEST ON-SITE RENTAL CAR AGENCIES October YEAR-TO-DATE 2021 2020 2021 2020 AVIS 360,333,42 18.51% $ 183,741.26 17.83% 3,876,804.,10 16.44% 1,752,564,99 17.541!u BUDGET 517,414.73 26.57% 254,508.00 24.70% 5,879,740.84 24.94% 2,460,012.42 24.62°k' DOLLAR 127.162 64 6.53% 52,519,91 5.10% 1,933,287.27 8.20% 671,611.85 6,72% HERTZ 196,214,11 15.21% 164,764,61 15,99% 3,448,500.86 14.63% 1,895,304.69 18.97% THRIFTY 0.00% 43,052.23 4.18% $ 22,326.43 0.09% 546,484.91 5.47% ENTERPRISE ALAMO combined S 645,857.90 33,17% 331,75115 32.20% 8,418,474.74 35.70% 2,665,641.27 26.68%' NATIONAL Total On-Site 1,947,053.41 $1,030,33 7,261 1 $23,579,134.24 $9,991,620.13 PERCENT CHANGE 88.97% 135.99% OFF-SITE RENTAL CAR AGENCIES October YEAR-TO-DATE 2021 2020 2021 2020 $ % $ _ % $ % $ °fa ENTERPRISE ALAMO NATIONAL 14,052.75 13,820.43 139,440.93 5 45,662,36 Total Off-Site 14,052.75 13,820.43 139,440.93 45,662.36 PERCENT CHANGE 1.68% 205.370/a MONTHLY YEAR-TO-DATE `rotal 2021 1,961,106.16 Total YTD 2021 23,718,575.17 Total 2020 $1,044„15T69 Total YTD 2020 $10,037,282.49 916,948.47 13,681,292.68., $7.820/a 136.309/6 ®r, Key West KEY WEST INTERNATIONAL AIRPORT International Airport 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SNARE REPORT November 2021 KEY WEST ON-SITE RENTAL CAR AGENCIES November YEAR-TO-DATE 2021 2020 2021 2020 $ % $ /0 $ % $ % AVIS 428,265.07 1763% 5 198,415.88 16.26% 4,305,069.17 16.55% 1,950,980.87 17.40% BUDGET 599,467.29 24.69% 303,658.00 24.88% 6,479,208.13 24,91% 2,763,670.42 24.65% DOLLAR 174,85108 7.20% 63,307.11 5.19% 2,108,138,35 8.11% 734,918.96 6,55°fro HERTZ 363,929.58 14.98% 210,055,62 17.21% 3,812,430.44 14.66% 2,105,360.31 18.78% THRIFTY 0 00% 54,662.19 4.48% $ 22,326.43 0.09% 601,147.10 5,36% ENTERPRISE 10 Combined $ 862,56S.55 35.51% 390,253.2.1 31.98% 9,281,040.29 35.69% 3,055,894.48 2T26% N...ZONAL Total On-Site 2,429,078.57 $1,220,352.01 $ 26,008,212.81 $11,211,972.14 PERCENT CHANGE 99.05% 131.97% CiFF-SITE RENTAL CAR AGENCIES - ember YEAR-TO-DATE .......... ..... 2021 2020 2021 2020 $ % ` $ % $ °i° $ % ENTERPRISE ALAMO NATIONAL 16,533.93 10,330 99 155,974,86 $ 55,993.35 Total Off-Site 16,533.93 10,330,99 155,974.86 55,993.35 PERCENT CHANGE 60.04% 178.56% MONTHLY YEAR-TO-DATE Total 2021 2,445,612.50 Total YTD 2021 26,164,187.67 Total 2020 $1„230,683.00 Total YTD 2020 $11,267,965.49 1,214,929.50- 14,896,222,18 98.720/° 132.20% Key West KEY WEST INTERNATIONAL AIRPORT InWrnational Airport 3491 S. Roosevelt Blvd., Key West, FL 33040 (30S) 809-S200/ Fax (30S) 292-3S78 MARKET SHARE REPORT December 2021 LL� KEY WEST ON-SITE RENTAL CAR AGENCIES December YEAR-TO-OATS 2021 2020 2021 2020 AVIS S70,478,33 20.26% 5 257,869.44 18.4 9% 4,875,547.50 16.911/6 2,208,850,31 17.520/. BUDGET 652,198.40 23,16% 334,664A9 24.00% 7,131,406,53 24.74% 3,098,335,31 24.58% DOLLAR 185,78055 6.60% 80,289.72 5,76% 2,293,918.90 7.96% 815,208,68 6A7% HERTZ 451,254,24 16,02% 205,719,54 14.75% 4,263,684.68 14,79% 2,311,079,85 18.33% THRIFTY 0.00% 24,033,67 2,72% $ 22,326.43 0.08% 625,180,77 4.96% ENTERPRISE ALAMO combined 956,545.90 33.97% 491,928.57 35.2B% 10,237,586.19 35.52% 3,547,823 05 28A4% NATIONAL Total On-Site 2,816,257A2. 1 1,394,505.83 $ 28,824,470.23 S 12,606,477.97 PERCENT CHANGE 101.95% 128.65% OFF-SITE RENTAL CAR AGENCIES December YEAR-TO-DATE 2021 2020 2021 2020 $ $ % $ $ % ENTERPRISE ALAMO NATIONAL 14,756.78 11,135.521 1 170,731.64 1 67,128.87 Total Off-Site 14,756.78 11,135 52 L...........J170,731.64 1 --67,128.87 PERCENT CHANGE 32.52% 154.33% MONTHLY YEAR-TO-DATE Total 2021 2,831,014.20 Total YTD 2021 28,995,201.87 Total 2020 $1,405,6,41,35 Total YTD 2020 $12,673,606,84 1,425,372.85 16,321,595.03 101,40% 128,78% 1C West KEY WEST INTERNATIONAL AIRPORT a"` FLORIDA KEYS MARATHON AIRPORT I� "" 3491 S.Roosevelt Blvd.,Key West,FL 33040 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 a (305)809-5200/Fax(305)292-3578 �x�; ,'� (305)289-6060/Fax(3051 743-0395 MARKET SHARE REPORT MARKET SHARE REPORT January 2022 January 2022 KEY WEST MARATHON ON-SITE RENTAL CAR AGENCIES ON-SITE RENTAL CAR AGENCIES January YEAR-TO-DATE January YEAR-TO-DATE 2022 2021 2022 2021 m12 mu 2322 2021 $ / $ °/ $ % $ / $ $ $ $ AVIS —XI 1921% 5 215,039. 6.1 559,o 19-1 275,059.21 117— AVIS $ 164,62— a2.11% 115,112.57 33.15 164,620.a6 4211% 115,082.57 33.05 BUDGET 140,962.11 2.3 ,962.91 23.E 366,23a. 2.3 BUDGET 114,27594 29.23% 106,29-4 30.53 114,27594 29.23% lD6,297.94 31.53 DOLLAR 188.00].92 6.03% 109,484.1 6.6 188.30]. 11 109,48a1 16 ENTERPRISE 112,073.02 28.67% 126,781.55 3 41 112,073.02 28.67% 126r761.55 36.41 HERTZ 518,702 76 16.63Yo 253,640 15.47% 518.702. 15.63 253,64P 40 15.4— Total On-Site Percent Ch.n 12 3% 12.3% THRIFTY - 0.00% 7,983. O ,a $ - L.LLI 7,9S3.28 141. ENTERPRISE ALAMO c0mbl uuuuuuuuu 34.3 5, s.2 34.3— 626,975.45 31241, NATIONAL TatA—Eft. $ $ $1,639,27-7 PE-ENT-ANOE 90.24% OFF-SITE RENTAL CAR AGENCIES ary YEAR-TO-DATE 2$ $ $ ENTERPRISE ALAMO NATIONAL 40,s 23,927.58B 23,121.IS Total OH-Site PEREENT EHANOE JO.80% JO.BD^b MONTHLY YEAR-TO-DATE Total 2022 3,159,348.51 TOWI IC 2022 3,159,348.51 Total 2021 $1,663,204.75 TOWI ID 2021 $1,663,204.75 8Y.96% 89.96% y West KEY WEST INTERNATIONAL AIRPORT ► yonal Alirpart 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT February 2022 KEY WEST ON-SITE RENTAL CAR AGENCIES Febr arV YEAR-,..TO-DATE 2022 2021 2022 2021 AVIS 563,616.45 1916% $ 323,762.05 17.14 Q/b 1,162,620.39 19.19% 598,821.26 16,97% BUDGET 767,431.86 26.09% 464,602.97 24,600/D 1,508,394,77 24.89% 830,837.62 23.55% DOLLAR 218.910,68 7.44% 162,975.06 8,63% 406,918.60 6.72% 272,459.24 7,7 2% HERTZ 480,525.07 16,34% 303,544.66 16.07%; 999,227.83 16,49% 557,185 06 15.79% THRIFTY (26AS) 000% 3,826.03 0.20% (2688) 0.00% 11,809,31 0.33% ENTERPRISE ALAMO combined $ 910,539.84 30.96% 630,270.37 33.37% 1,982,343.69 32.71% 1,257,145.82 35.63% NATIONAL Total On-site 2,940,997.02 1,888,981 14 $ 6,059,478.40 - $ 3,528,256.31 PERCENT CHANGE 65.69% 7 1.74% OFF-SITE RENTAL CAR AGENCIES February YEAR-TO-DATE 2022 2021 2022 2021 $ % $ % ENTERPRISE ALAMO NATIONAL 19,495.17 16,441.22 60,362.30 S 40,368.80 Total Off-Site 19,495,17 16,441.22 60,362.30 40,368.80 PERCENT CHANGE 18.57% 49.53% MONTHLY YEAR-TO-DATE Total 2022 2,960,492.19 Total YTD 2022 6,119,840.70 Total 2021 $1,905,42236 total YTD 2021 $3,568,627.11 1,055,069.83 2,551,213.59 55.37% 71.49016 KEY WEST INTERNATIONAL AIRPORT ai)� FLORIDA KEYS MARATHON AIRPORT "p � 3491 S.Roosevelt Blvd.,Key West,FL 33040 �^ i 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 (305)809-5200/Fax(305)292-3578 y (305)289-6060/Fax(305)743-0395 MARKET SHARE REPORT MARKET SHARE REPORT March 2022 March 2022 KEY WEST MARATHON ON-SITE RENTAL CAR AGENCIES ON-SITE RENTAL CAR AGENCIES March YEAR-TO-DATE March YEAR-TO-DATE 2— 2621 mzz 2621 razz 2621 2022 2621 AVIS 736,397.49 19.7e1 $ 352,653.41 1 1,899,015.88 19.4 956,474.67 15-1 AVIS 14,969.54 32.23% 154,G79.52 35.36 446,700.39 16,571 362,387.76 32.93 BUDGET 1,006,19291 27.02% 697,485.77 26.1912,514,585.68 25.7 1,52-23.39 24.64% BUDGET 141,449,23 30.81% 106,884.13 24.53 371,8 ,95 30,44% 306,809.25 27.88 DOLLAR 212960.15 7.33% 242,113-3 71 679,878.7 1.9 514,852.55 8.3 ENTERPRISE 169,69580 3696% 174,743.29 40.11 402.884.52 32.98% 431,171.96 39.18 HERTZ 562.459. "1 —.141.11 11.411561,682.4 11.911 Tatal On-Site Percent Change 5.49A 11.13-A THRIFTY - 0.0 6.1 2 $ (26881 ENTERPRISE ALAMO c bi d$1,145,3 94 30.76% 959,594.5 5.89 127,651.E 31.9 2,216,740. 5.7 N ATIDNAL Tate)On-Site $6,201,0�0.92 xrxcrxT cxauc[ 36% CFF-SITE RENTAL CAR AGENCIES March 2021 2u21 2u22 221 8 8 E ENTERPRISE ALAMO NATIONAL 2I.944.68 24.881. 88,306. $ 65.250.12 Total Off-Site I—ENT cxnNce 1231% 35.34%0 MONTHLY YEAR-TO-DATE Tutal 2022 3,751,262.78 Total ND 2022 9,871,103.48 T-1 2021 52,6g8,501.93 Total ND 2021 $6,267,129.04 CCG y Wt St, KEY WEST INTERNATIONAL AIRPORT "�i1� FLORIDA KEYS MARATHON AIRPORT 3491 S.Roosevelt Blvd.,Key West,FL 33040 �� 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 (305)809-5200/Fax(305]292-3578 1+� (305)289-6060/Fax(305]743-0395 MARKET SHARE REPORT MARKET SHARE REPORT April 2022 April 2022 KEY WEST MARATHON ON-SITE RENTAL CAR AGENCIES ON-SITE RENTAL CAR AGENCIES April YEAR-TO-DATE A ril YEAR-TO-DATE zozz m 1 zazz zezl zozz z 1 zozz z 1 $ % $ % 1 1 $ % $ $ $ $ AVIS 629,942.40 19.01%$ 413,137.66 4.6 2527,960.28 19.31% 1,369,612 5.1 AVIS 136,752.95 35.80% 122,946.96 31.75/0 583,453.34 36.39% 415,334.72 .,2.62 BUDGET 743,543.88 11.47% 653,.14 23.12% 3,258,131,56 24.89% 2-2,134.53 24.171BUDGET 111,542.33 29.20% 102,641.81 26.5D/o 483,405.28 30.15% 409,451.28 27.52 DOLLAR 295.127.34 8.92% 302,482.2 0.61 171 LL-1 7.4 815,332.82 9.D3 ENTERPRISE 133,738.82 3501% 161,697.93 41.111 536.62134 33.47% 592,869.89 . 85 HERTZ 508,509.43 15.3 43E,492,2 11.441 2,o7o,19e. 5.8 1.4DE,E11. 1— Total On-Site Percent Ch.— -1.4 A 7.8-A THRIFTY - 0.0 0.1 $ (26881 [.c2 L.111 ENTERPRISE ALAMO combined$1,132,29825 4.2 1,218,182. 6.0 .4,25_,_4_ 2.5 3,234,922 5.83 N ATIDNAL Total On-Site $2, PENceNT C.A.- 00% OFF-SITE RENTAL CAR AGENCIES April 2021 21)21 21122 zuzl 8 ENTERPRISE ALAMO NATIONAL 21.355.39 11.393. 109,662.37 $ ]6.643.60 Total Of-it. PENCENT CN.N.E s7.a4r a3.Os r> MONTHLY YEAR-TO-DATE Tutal 2022 3,329,776.69 T 1 ND 2922 13,200,880,17 Total 2021 $2,838,992.60 T01a1 1TD 2921 $9,106,121.63 aE�- IiC",'y Wt tik KEY WEST INTERNATIONAL AIRPORT "�, FLORIDA KEYS MARATHON AIRPORT ^ 9400 Overseas Highway,Ste.#200.Marathon,FL 33050 3491 S.Roosevelt Blvd.,Key Nest,FL 33040 (305)809-5200/Fax(305)292-3578 ( (305)289-6060/Fax(305]743-0395 MARKET SHARE REPORT MARKET SHARE REPORT May 2022 May 2022 KEY WEST MARATHON ON-SITE RENTAL CAR AGENCIES ON-SITE RENTAL CAR AGENCIES May YEAR-TO-DATE May YEAR-TO-DATE zezz m 1 zoz2 z 1 znzz 2 1 z 2 221 AVIS 426,127.64 16.461 $ 437,312. 6.2 2954,087.92 16.6 1,B06,925. 5.4 AVIS 101,035.11 37.93% n8n8n5 37.60 694,488,45 36,59% 60a,114.23 3.,.52 BUDGET 618,014.41 23.88% 646,460. 181 3,876,145.97 24.72% 2,828,5.5.0 24.121 BUDGET 81,568.11 30.54% 6,43267 26.47% 564,973.39 M,2 495,883.75 27.3 DOLLAR 229175.37 8.85% 276,528.37 1L.2F11,204,181. 7.68 1,091,861. 11 ENTERPRISE .4,952.63 31.62% #krtkrtk 35.92 621,075.97 33.20% 710,168.49 39.15 HERTZ 415,125. 16.0 451,851. 5.7 2,4B5 22. 15,e1 1,& 412 s.ns Total On-Site Percent CM1ange -13.2% 3.1% THRIFTY - 0.0 1. 0.0 (26881 0.0c E.x 0.15 ENTERPRISE ALAMO—b-d $ 900,019.52 34.77% H2,558.25 32.7315,159,969, 11.91, 4,117,481.11 11.121. NATIONAL Total On-Site $ 2 PEncENT C.A.- -400% OFF-SITE RENTAL CAR AGENCIES .v YEAR-TO-DATE 2022 2021 2022 2021 $ $ ENTERPRISE ALAMO NATIONAL 11,919.27 11,353. 109,662.37 $ 76,643.LD PENCENT canNCE A61% 93.DS�b MONTHLY YEAR-TO-DATE T 1 2022 2,600,381.89 T-1 'L 1111 11,111,34111 TL.1 2021 $2,704,341.89 Total ID 2021 $11,802,305.29 1, Key''West KEY WEST INTERNATIONAL AIRPORT International Airport 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-S200/ Fax (305) 292-3S78 MARKET SHARE REPORT June 2022 KEY WEST ON-SITE RENTAL CAR AGENCIES June YEAR-TO-DATE 2022 2021 2022 2021 $ % s % s % $ % AVIS 445,965.04 18,68% $ 480,596.91 16.72% 3,400,052.96 18.82% 2,287,522.08 15,67% BUDGET 529,021.34 22,16% 713,865.47 24.83%. 4,405,167.31 24.38% 3,542,460.49 24.26% DOLLAR 189,035,08 7.92% 227,753.92 7.92% 1,393,216.54 7.71% 1,319,615.11 9.04% HERTZ 347,526.96 14.56% 410,096.34 14.27% 2,832,849.51 15.68% 2,268,569.25 15.54% THRIFTY 0,00% 0.14 0.00% (26,881 0.00% 22,326.43 0,15% ENTERPRISE ALAMO combined $ 875,698.83 36.68% 1,042,519.00 36.26% 6,035,668.23 33,41% 5,160,000.11 35.34% NATIONAL Total On-Site 2,387,247.25 $2,874,831.78 $ 18,066,927.67 $14,600,493.47 PERCENT CHANGE -16.96% 23..74% OFF-SITE RENTAL CAR AGENCIES June YEAR-TO-DATE 2022 2021 - 2022 2021 ENTERPRISE ALAMO NATIONAL 15,723.05 13,807.68 125,385.42 5 90,451.28 Total Off-Site 15,723,05 13,807.b8 125,385.42 90„451.28 PERCENT CHANGE 13.87% 38.62% MONTHLY YEAR-TO-DATE Too 2022 2,402,970,30 Total YT0 2022 18,192,313.09 Tota9 2021 $2,888„639.46 Total YT0 2021 $14,690,944.75 (485,669.16� 3,501,368.34 -16.81% 23.83% r � � , lntcrrwAU '" y West KEY WEST INTERNATIONAL AIRPORT onwlAirport 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3S78 MARKET SHARE REPORT Jury 2022 KEY WEST ON-SITE RENTAL CAR AGENCIES JUIy YEAR-TO-OATS 2022 2021 2022 2021 AVIS 453,938,48 18761% 5 521,780.45 18.02% 3,853,991.44 18.81% 2,809,30253 16.061/o BUDGET , 508,042.53 20.99% 750,025.37 25.90%'.. 4,913,209S4 23.98% 4,292,485.86 24.53% DOLLAR 195,769.96 8.09% 189,015.40 6.53% 1,588,986.50 7.761I6 1,508,630.51 8.62% HERTZ 367,40704 1518% 310,298.80 10.72% 3,200,256.55 15.62% 2,578,868.0E 14.74% THRIFTY 0.00 0.00% 0.00 0,00% (26.88) 0.00% 22,326.43 0.13% f 'RPRISE 11 10 combined 5 895,075.95 36.98%. 1,124,400.08 38.83% 6,930,744.18 33.83% 6,284,400.19 35.92% NATIONAL Total On-Site 2,420,233.96 $2,695,S20.10 $ 20,4—---.63 $17,496,013.E7 PERCENT CHANGE -16.41% 17.10% OFF-SITE RENTAL CAR AGENCIES JUIV YEAR-TO-DATE 2022 2021 2022 2021 $ % $ $ °I° $ .. NO ENTERPRISE ALAMO NATIONAL 22,694.49 15,787.19 148,079.91 $ 106,238.47 Total Off-Site 22,694.49 15,787.19 148,079.91 106,238.47 PERCENT CHANGE 43,75%u �,3$a/o MONTHLY YEAR-TO-DATE Total 2022 2,442,928.45 Tolat YTD 2022 20,635,241.54 Total 2021 $2,911,„307.29 Total YTD 2021 $17,602,252,04 T468,378.84), 3,032,989.50 16.09°1° 17.23% Key West KEY WEST INTERNATIONAL AIRPORT tnternntionntAirport 3491 S. Roosevelt Blvd., Key West, FL 33040 (305) 809-5200/ Fax (305) 292-3578 MARKET SHARE REPORT August 2022 KEY WEST ON-SITE RENTAL C AR AGENCIES AU S t 202.1 YEAR-TO-DATE— 2021 6 $�E U 2022 20 2022 2021 'j. 16.17% 4,290,508.99 19,0391, 3,259,962.66 16.28% AVIS 436,5117.55 21,17% $ 460,660.13 BUDGET 460,391.34 2233% 664,339.90 26.20% 5,373,601.18 23.93% 4,956,825.76 24,76% DOLLAR 175,358.98 8.50% 167,400.65 6.60% 1,764,345.48 7.82% 1,676,031.16 8.37% HERTZ 323,050-70 15.67% 324,257.19 12.79% 3,523,306.72 15.62% 2,903,125.24 14.50% THRIFTY 0.00 0100 0.00% (26.88) 0.00% 22,326.43 ENTERPRISE I ALAMO combined 666,698-05 32.33% 919,183.81 16.25% 7,597,442.23 33.69% 7,203,564.00 35.90% NATIONAL Total On-Site 2,062,016.62 1 1 $2,535,841.68 $ $20,021,855,25 PERCENT CHANGE -18.69% 12.62%, OFF-SITE RENTAL CAR AGENCIES - Au9USt YEAR-TO-DATE 2022 2021 2022 2021 $ ENTERPRISE ALAMO 106,238.47 NATIONAL 12,125-21 18,060.29 160,205.12 Total Off-Site 12,125.2.1. 18,060.29 306,238A7 PERCENT CHANGE -32.860/a 50.00% MONTHLY YEAR-TO-DATE Totatl 2022 2,074,141.83 Tota I YTD 2022 22,709,382.84 Total 2021 $2,553,901,97 TOW YTD 2021 $20,156,154.01 _(479760A4) 2,553,228.83 -16.79% 12,67%