HomeMy WebLinkAboutRES.2302.08-20-2007 ,
BILL NO. 07-148 RESOLUTION NO. �� Q�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AIRPORT CONTRACT AND CONCESSION
AGREEMENT WITH ENTERPRISE LEASING COMPANY OF
ST. LOUIS TO PROVIDE AUTOMOBILE RENTAL
SERVICES AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIR.ARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Airport Contract and Concession Agreement with Enterprise
Leasing Company of St . Louis to provide automobile rental
services at the Cape Girardeau Regional Airport . A copy of said
Lease is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS �Q�/`' DAY OF , 20�'�.
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Gayle . Conrad, City Clerk
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AI RT CONTRACT AND CONCESSION AGREEMENT
This Contract an once��on Agreement, made and entered into as of the _1 st_ day of -
_Se 1 er���� 2007, by and between City of Cape Girardeau, Missouri, hereinafter called
"Lessor", and Enterprise Leasing Company of St. Louis, a Missouri corporation, hereinafter
called "Lessee",
WITNESSETH:
WHEREAS, Lessor owns or controls and operates the Cape Girardeau Regional Airport
located near Cape Girardeau, Missouri, hereinafter called the "Airport"; and
WHEREAS, automobile rental services at the Airport are essential for proper
accommodation of passengers arriving at and departing from the Airport; and
WHEREAS, Lessor desires to make said services available at the Airport and Lessee is
qualified, ready, and able to perform or see to the performance of said services, and to furnish or
see to the furnishing of facilities for use in connection therewith;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree, for themselves, their successors and assigns, heirs,
executors and administrators, as follows;
1. Lessee hereby agrees to provide automotive rental services for the said Airport for
term beginning with the 1 St day of�n�r, 20� �
11�e�,lE�P�'` �c;c�['��
This agreement unless sooner terminated shall continue until 31 st of��u�gtt5�U08.
Thereafter, this contract shall continue in force from year to year unless one of the
parties to the contract notifies the other party at least thirty (30) days prior to August
31 St, that they intend to terminate the contract or that they desire to negotiate the
contract.
2. The premises described herein shall be used by Lessee for the purpose of providing
automobile rental services at the Airport and services related thereto, and for the
purpose of arranging for such services for outgoing passengers using the Airport.
3. Lessor hereby further grants to Lessee, subject to the terms and conditions hereinafter
contained, the right to conduct and operate an automobile rental concession at the
Airport in an area shown on a plat attached hereto and marked "Exhibit A", for the
purposes aforesaid. This shall not be construed to be an exclusive concession, and
Lessor shall have the right to deal with and perfect arrangements with any other
individual, firm, or corporation for engaging in like activity at the Airport. Lessor
shall not, however, grant to any other individual, firm or corporation other than
Second Party, an automobile rental concession on terms or conditions more favorable
in any respect than those herein granted Lessee.
4. Lessee agrees to pay to Lessor as rental for the rights and privileges herein granted by
Lessor:
A. An amount equal to ten percent (10%) of the first Six Thousand Seven
Hundred Fifty Dollars ($6,750.00) of Lessee's gross revenue.
B. An amount equal to five percent (5%) of Lessee's gross revenue in excess of
Six Thousand Seven Hundred Fifty Dollars ($6,750.00).
C. The rental payments set out above shall be paid on a monthly basis and shall
be due on or before the 15th day of each month for the preceding month.
D. The term"gross revenue" as used herein shall mean the time and mileage
charges for rental of automobiles and shall include the percentage received by
Lessee for renting station cars and floater cars, but shall not include the amount of
any federal, state or municipal sales or other similar taxes separately stated and
collected from customers of Lessee now or hereafter levied or imposed, nor any
sums received as insurance or otherwise for damage to automobiles or other
property of Lessee, or for loss, conversion or abandonment of such automobiles,
nor any amounts paid by customer of Lessee separately billed as additional
charges for waiver by Lessee Party of its rights to recover from customers for
damages to the vehicle rented.
E. All sums due hereunder and the report of gross revenues mentioned in
paragraphs A. or B. hereof shall be paid or made by delivery to Lessor's City
Collector, City Hall, 401 Independence, Cape Girardeau, MO 63701.
F. Lessee hereby agrees to submit with the monthly payment, at the request of
the Airport Board, an operating statement showing a breakdown of the monthly
revenues. Lessee hereby agrees that he will submit his books to an annual audit at
the expense of Lessee or submit to Lessor a certificate from its auditor stating the
gross receipts.
5. During the term hereof Lessee shall have, and Lessor hereby gives and grants to
Lessee, the following rights:
A. The right, at Lessee's sole expense,to install, and thereafter to operate and
maintain, illuminating and non-illuminating signs advertising Lessee's business
on the premises leased to Lessee hereunder, and at such other place or places in or
upon the Airport as may be mutually agreed upon by the parties hereto.
B. The right, at Lessee's sole expense,to erect upon the premises such buildings,
fixtures, structures, additions and improvements as may be required in connection
with Lessee's operation hereunder, and to install therein and thereon such
equipment and facilities as Lessee may deem necessary or desirable, provided,
however, that no such buildings, fixture, structure, addition or improvement shall
be made or installed by Lessee without prior written consent of Lessor, and
Lessee covenants and agrees prior to the installation or making of such buildings,
fixture, structure, addition or improvement, to submit the general plan, location,
design and character thereof to Lessor for approval, which approval, Lessar
agrees, shall not be unreasonably withheld. Lessor reserves the right to take any
action it considers necessaxy to protect the aerial approaches of the airport against
obstruction,together with the right to prevent Lessee from erecting, or permitting
to be erected, any building or other structure on the airport which in the opinion of
Lessor would limit the usefulness of the airport or constitute a hazard to aircraft.
C. The right upon any termination of this agreement, and within a reasonable
time thereafter, to remove such items as may have been installed in or upon the
premises at the Airport by Lessee, pursuant to paragraphs A. or B. hereof.
D. The right to the joint use with others of roads and driveways useful in the
conduct, operation and maintenance of Lessee's concession hereunder.
E. The right to reasonable and adequate storage and parking space at a location
or locations designated by Lessor and reasonably convenient to the terminal
building at the Airport. In addition, Lessee shall have the sole and exclusive right
to use a minimum of parking space for the parking of cars awaiting and arrival of
customers at a fixed location near the exit or entrance way to the terminal building
and Lessor agrees to restrict use of such space to Lessee Party by signs and by
other means. Lessor agrees that the number of parking spaces assigned to Lessee
for said purpose during each year of the term shall be reasonably proportional to
the volume of Lessee's gross revenue at the Airport during the preceding calendar
year, as compared to the gross revenue of other automobile rental concessionaires
at the Airport during the same period.
6. Lessee hereby covenants and agrees:
A. To furnish good, prompt and efficient service, adequate to meet all reasonable
demands far automobile rental service to the Airport.
B. That rental automobiles made available hereunder shall be maintained at
Lessee's sole expense in good operative order, free from known mechanical
defects, and in clean, neat and attractive condition, inside and outside.
C. That the facilities to be provided by Lessee hereunder for the purpose of
providing automobile rental service shall remain open for such periods during
each day and such days during each week as may be necessary to meet reasonable
demands for said services. Subject to the approval and control of the Lessor the
Lessee may install as a facility hereunder in the premises or at such other places
as the parties may agree upon, a direct line telephone to the office of the nearest
company office for the purpose of supplying automobile rental service to airport
patrons during periods when other automobile rental facilities are closed.
D. That personnel performing services hereunder shall be neat, clean and
courteous, and Lessar shall not permit its agents, servants ar employees so
engaged, to conduct business in a loud, noisy, boisterous, offensive or
objectionable manner.
E. That he shall abide by and be subject to all reasonable rules and regulations
which are now, or may from time to time be promulgated by Lessor concerning
management, operation or use of the Airport.
F. That he will keep or cause to be kept true, accurate and complete records of
business conducted hereunder and Lessee further agrees that Lessor shall have the
right, through its duly authorized agents or representatives, to examine all
pertinent records at any and all reasonable times for the purpose of determining
the accuracy thereof and of the reports required to be made by Lessee pursuant to
Article 4 hereof.
G. That he will meet all expenses in connection with the rights and privileges
herein granted, including without limitation by reason of enumeration, taxes,
permit fees, license fees and assessments lawfully levied and that he will secure
all such permits and licenses.
H. That he hereby expressly agrees that none of his employees or agents shall
prepare or cook food on the premises herein demised during the term hereof.
7. A. Lessee shall keep and hold harmless Lessor from and against any and all
claims, demands, suits,judgments, costs and expenses asserted by any person or
persons, including agents or employees of Lessor and Lessee, by reason of death
or injury to persons, or loss or damage to property, resulting from Lessee's
operations hereunder, or as the result of anything claimed to be done or omitted to
be done by Lessee hereunder.
B. Lessee shall obtain and maintain continuously in effect at all times during the
term hereof, at Lessee's sole expense, general liability insurance protecting
Lessee against liability which may accrue against Lessor by reason of Lessee's
wrongful conduct incident to the use of the Airport premises or resulting from any
accidents occurring on or about the roads, driveways, or other public places used
by Lessee at the airport in the operations hereunder caused or arising out of any
wrongful act or omission by Lessee. Such insurance shall provide maximum
liability limits of$300,000 for damage to property in any one accident, and shall
name Lessor as a co-insured thereunder. Lessee shall also, without cost to Lessor,
obtain and maintain, during the term hereof, automobile liability insurance,
covering the operation of rental automobiles hereunder with maximum liability
limits of $300,000 for personal injury to or death of any one person in any one
accident, $2,000,000 for personal injury to or death of two or more persons in any
one accident, and $300,000 for damage to property in any one accident. Lessee
shall upon written request provide certificates evidencing all such insurance to
Lessor.
C. Lessor agrees to notify Lessee in writing as soon as practicable of any claim,
demand or action arising out of an occurrence covered hereunder, and to
cooperate with Lessee in the investigation and defense thereof.
8. In the event that Lessee shall default in the payment of any sums when due hereunder,
or shall default in the performance of any other covenant required to be kept by
Lessee hereunder, and such default shall continue for a period of thirty (30) days after
notice thereof from Lessor to Lessee, or if Lessee shall make an assignment for the
benefit of creditors or be adjudged a bankrupt, Lessor shall have the right to
immediately terminate this agreement, and in the event of such termination, Lessee
shall have no further rights hereunder and shall thereupon remove from said premises
and shall have no further rights or claims thereto.
9. In the event that the United States Government or any of its agencies shall occupy the
Airport or any substantial part thereof to such an extent as to materially interfere with
Lessee's operations, or in the event of destruction by fire or other cause of all or a
material portion of the Airport or Airport facilities, or if Lessee's operations shall for
any reason, similar or dissimilar, be materially interfered with for a period in excess
of fifteen (15) days, then, and in any of those events, Lessee shall have the right upon
written notice to Lessor to terminate this agreement and Lessee's further obligations
hereunder, or at its option, to suspend this agreement for the periods of such
disability, in which cases the minimum guarantee payment shall not be paid or
payable from the effective date of such notice until normal operations shall have been
restored and Lessor shall return to Lessee a just proportion of any minimum
guarantee payment which may have been paid in advance for a month or portion
thereof which falls within the period of disability.
10. It is expressly agreed and understood that any and all obligations of Lessee hereunder
may be fulfilled or discharged either by Lessee or by a Licensee duly appointed
thereto by Lessee and approved by Lessor and that any and all privileges of every
kind granted hereunder may extend to and be enjoyed by such Licensee so appointed;
provided, however, that notwithstanding the method of operation employed by Lessee
hereunder; Lessee shall continue always to remain directly liable to Lessor for the
performance of all terms and conditions of this agreement. Except as herein above
set out the Lessee shall not assign this 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.
11. All notice or other communication to Lessor or Lessee pursuant hereto shall be
deemed validly given, served or delivered upon being deposited in the United States
mail, registered with proper postage and registration fee prepaid, addressed as
follows:
To Lessor: City Manager
City Hall
401Independence
Cape Girardeau, MO 63701
To Lessee: Enterprise Leasing Company of St. Louis
Attn: General Manager
29 Hunter Avenue
St. Louis, MO 63124
Copy to:
Enterprise Rent-A-Car Company
Attn: Real Estate Department
600 Corporate Park Drive
St. Louis, MO 63105
Or to such other address as either party may designate by written notice to other
delivered in accordance with the provisions of this Article.
12. A. Lessee, for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree
as a covenant running with the land that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this contract
and agreement, for a purpose for which a Department of Transportation program
or activity is extended or for another purpose involving the provision of similar
services or benefits, Lessee shall maintain and operate such facilities and services
in compliance with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
B. Lessee, for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that: (1) no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded form participation in, denied the benefits of, or otherwise
be subject to discrimination, (3) that Lessee shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
C. Lessee assures that it will undertake an affirmative action program as required
by 14 CFR Part 152, subpart E, to insure that no person shall on the grounds of
race, creed, color, national origin, or sex be excluded from participating in any
employment activities covered in 14 CFR Part 152, Subpart E. Lessee assures that
no person shall be excluded on these grounds from participating in or receiving
the services or benefits of any program or activity covered by this subpart. Lessee
assures that it will require that its covered suborganizations provide assurances to
Lessee that they similarly will undertake affirmative action programs and that
they will require assurances from their suborganizations, as required in 14 CFR
Part 152, Subpart E, to the same effect.
D. It is understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right within the meaning of Section
308 of the Federal Aviation Act of 1958.
E. Lessee agrees to furnish service on a fair, equal and not unjustly
discriminatory basis to all users thereof, and to charge fair, reasonable and not
unjustly discriminatory prices for each unit or service; PROVIDED, that lessee
may make reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
13. Both Parties do hereby agree that this Contract and Concession Agreement shall
supercede and cancel and any and all previous agreements, oral and written, made at
any time prior to the date of the execution and enactment of this agreement
hereinabove set out.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by
their duly authorized officers they day and year first written above.
4� GIRqR����� CITY OF CAPE GIRARDEAU, MISSOURI
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Gayle nrad
City Clerk
ENTERPRISE LEASING COMPANY OF ST. LOUIS,
A MISSOURI CORPORATION
EI�ITERPRISE RENT-A-�AR
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
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PREPAREQ FOR
Cape Girardeau Regional
Airport
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Enterprise Rent-A-Car
Disadva�taged Business Enterprise (DBE)
Good Faith Plan
Natio�al Supplier Diversity Program
Enterprise Rent-A-Car Company has formed a corporate national supplier diversity program entitled The
Enterprise Rent-A-Car Supplier Diversiry Program,which is intended to help facilitate an increase in the
number of minority-owned, women-owned, and disadvantaged business enterprises (M/W/DBEs) that
work to provide goods and services for Enterprise Rent-A-Car. It does so by providing assistance and a
host of tools to help those employees throughout the company with buying responsibility to identify,
select, and do business with M/W/DBE vendors who can meet our requirements with regard to quality,
timing, capacity, and pricing. To help achieve increases in our diversity procurement, the Supplier
Diversity Program:
• Provides resources that enable minority-owned, women-owned, and disadvantaged business to
quickly identify Enterprise personnel who purchase goods and services on behalf of the company.
• Helps educate internal buyers on the advantages of doing business with minority-owned, women-
owned, and disadvantaged businesses.
• Monitors the amount of business each region of the company is doing with minority-owned,
women-owned, and disadvantaged businesses.
• Monitors majority suppliers to ensure they too are actively working to enter into contracts with
M/W/DBE vendars via Tier 2 purchasing programs, subcontracting arrangements,joint ventures
or strategic alliances.
Supplier Diversity Mission
Our mission is to seek to have our supplier base bear a reasonable relationship to the communities in
which we do business by identifying and encouraging equal opportunities for minority-owned, women-
owned, and disadvantaged businesses to do business with Enterprise Rent-A-Car.
DBE Commitment
Enterprise Rent-A-Car is committed to exerting good faith efforts to achieve or exceed the DBE goal
established by the Airport Authority. Enterprise Rent-A-Car will actively attempt to contract with the
minority firms in addition to encouraging other DBE firms that Enterprise Rent-A-Car currently does
business with to become approved and certified by the Autharity's DBE Liaison Officer. Below is an
outline of our good faith plan to achieve the stated DBE goal.
DBE Good Faith Plan
• Contact Airport DBE liaison officer for assistance and guidance in meeting Airport's DBE goals.
• Identify opportunities for DBE's to provide goods and services.
• Conduct a comprehensive survey of vendors to determine which qualify as DBE's for purposes of
the airport concessions program and engage in proactive outreach efforts to inform these qualified
firms of opportunities. Send letters to interested DBE's encouraging them to contact us with
proposals in regard to providing goods and services and keep a log of all letters, contacts,
responses, and non-responses.
• Encourage other vendors who may be eligible to apply for certification and assist each M/W/DBE
contacted that needs assistance in obtaining bonding, lines of credit,or insurance as required
• Negotiate in good faith with interested DBE's.
• Join and support local and national minority,women, and small business organizations.
• Advertise in local and national DBE-focused publications for vendors that can provide needed
goods and services.
• File all required reports with Airport.
Professional Affiliations
Enterprise Rent-A-Car is a member of the following national programs:
AMAC—Airport Minority Council
www.amac-or .�com
NMSDC—National Minority Supplier Development Council
www.nmsdc.or�,
USHCC—United States Hispanic Chamber of Commerce
www.ushcc.com
NUL—National Urban League
www.nul.ora
USPAACC—United States Pan Asian American Chamber of Commerce
www.uspaacc.com
WBENC—Women's Business Enterprise National Council
www.wbenc.or�
Enterprise Rent-A-Car is also a member of numerous local programs including NMSDC affiliates, ethnic
chambers,NAWBO chapters, WBENC regional chapters, Urban Leagues, etc.
Enterprise Rent-A-Car Supplier Diversity Program Contacts
For additional information on the Enterprise Rent-A-Car Supplier Diversity Program, you can direct your
questions to su�plierdiversitv(c�enterprise.com or you can call the following corporate contacts:
Gene Roth Valerie Joyner
Supplier Diversity Manager Sr. Supplier Diversity Coordinator
600 Corporate Park Drive 600 Corporate Park Drive
St. Louis,MO 63105 St. Louis, MO 63105
314.512.2761 314.512.3265
�roth(a�.erac.com viovnern,erac.com
In the News
November 16, 2004—Enterprise Rent-A-Car receives the"National Urban League's Corporate
Leadership Award"at the League's 48`"Annual Equal Opportunity Day Dinner in New York City.
http•//206 196 101?OS/file/35/PR-Urban Lea�ue Award Nov04.doc
June 26,2002—Enterprise Rent-A-Car named "Corporation of the Year" by St. Louis Minority
Business Council. James Webb, president of the St. Louis Minority Business Council, explains that,
"The SLMBC Corporation of the Year Award is the most significant honor given by the organization
because it recognizes a company's use of certified minority suppliers for their business needs and
services."
http•//intranet•8001/Ecli�seOnline/archives/2002/Jul �Y�002/july corpoftheyear.asp
Recent Press Release-Enterprise Rent-A-Car President and CEO Andrew C. Taylar E[ected to the
National Urban League Board of Trustees.
htt�•//www enterprise com/about/PRESS 080101.html
Recent Press Release-Enterprise Rent A-Car donates$25 million to Washington University to endow
scholarships for African American and financially disadvantaged students.
http://www.enterprise.co►n/about/PRESS 101801.html
Recent Press Release—Harris-Stowe State College Receives $1 Million Grant from Enterprise Rent A-
Car for Business Administration Program During the Opening Session of"National Historically Black
Colleges and Universities(HBCUs) Week"in Washington,D.C.
Recent Press Release—Enterprise Rent A-Car Receives a 2004 MBE of the Year Award at the St. Louis
Minority Business Council 2004 Excellence Awards Luncheon celebrating "31 Years — Promoting
Pride, Partnerships, and Progress," which honors area corporations and minority businesses for their
demonstration of high levels of commitment to the Council's mission and fostering economic growth in
the St. Louis region.
http://aboutus.enterprise.com/file/43/Minority Busines Couneil JanOS.doc