GENERAL ANNOUNCEMENTS

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2 GENERAL ANNOUNCEMENTS 1. BIDDERS ARE ADVISED THAT ALL SUB-TIER BIDDERS AND SUPPLIERS SHOULD BE NOTIFIED OF ANY INFORMATION AND CHANGES WHICH MAY AFFECT THEIR WORK. 2. THIS ADDENDUM IS PART OF THE DOCUMENTS FOR BIDDING PURPOSES AND SHALL BE INCLUDED IN THE CONTRACT DOCUMENTS WHEN THE AGREEMENT IS EXECUTED. CHANGES MADE BY ADDENDA TAKE PRECEDENCE OVER INFORMATION PUBLISHED AT AN EARLIER DATE. 3. BID DATE AND TIME HAS BEEN EXTENDED UNTIL APRIL 30, 2009 AT 11:00 A.M. Please be advised that the due date for submission of questions has been extended to April 13, 2009 at 5:00 P.M. All questions must be ed to REQUEST FOR BIDS Please add the following DEFINITIONS to the Official Bid Documents: 1. Consolidated Facility shall collectively mean the CONRAC and the Service Centers. 2. CONRAC shall mean the portion of the Consolidated Facility consisting of a multi-story garage providing ready/return vehicle parking spaces and customer service building including customer service lobby, restrooms, customer service counter space, rental car company administrative office space, electrical utility room, and escalators and elevators allowing customer access to each level of the ready/return multi-level garage. 3. Service Centers shall mean the portion of the Consolidated Facility constituting rental car service areas to be utilized by the On Airport Rental Car Companies for the maintenance, cleaning, conditioning, servicing, vehicle storage, washing, and fueling of Rental Cars with no damaged vehicles in view of the public. The existing place at which these functions take place is known as the service areas. 1

3 QUESTIONS AND RESPONSES Q1. Will the bids be publically opened and read? If so, when and where? R1. The Bid opening will be April 30 th at 11:00AM in Room 4W07 City Hall, 1300 Perdido Street, New Orleans, LA Q2. Page 2, section 1 states that qualified and responsive bidders with the highest MAG bids will be awarded Car Rental Concessions. How will the requirements of the bid submission be weighted? Please confirm that all requirements of the bid, with the exception of the MAG, will be used only to qualify the bidders and that once the qualified bidders have been determined, the MAG will be the sole determinant in the selection of Successful Bidders. R2. All requirements of the bid, with the exception of the MAG, will be used only to determine the responsiveness and responsibility of the bidders. Once the qualified bidders have been determined, the MAG will be the sole determinant in the selection of Successful Bidders. Q3. Page 2, allocation of space language is seemingly in conflict with language on page 3. We need some clarity on the intent of allocation under a single brand vs. multi-brand scenario. The language on page 3 implies that a multi-branded bid would then be allowed to break out each individual brand for counter space. If that is the intent, then we disagree with that approach. If a company chooses to multi-brand, then those brands are combined for the bid and they must be combined in the counters. R3. There is a distinction between the selection of counters in the Terminal building (for the current, interim situation prior to the opening of the CONRAC) versus the selection of counters in the CONRAC. Counter locations will be chosen by the successful bidders in the order of their 5-year total MAG bids, as follows: (1) Before DBO of the CONRAC (when the counters will continue to be in the Terminal building), each successful bidder will choose one counter location for each brand included in its bid; (2) Effective at DBO of the CONRAC, each successful bidder will have the option to (a) choose one counter location for all brands included in its bid, or (b) choose one counter location for each brand included in its bid. Under option (a), the size of the counter space will be determined by the combined market share of the brands included in the bid. Under option (b), the size of each counter location will be determined by the market share of each individual brand included in the bid. Under this option, the successful bidder will choose one counter location for one brand (based on the order of its five-year total MAG bid); then after all remaining successful bidders have made their first counter location selections, the successful bidder will choose its second counter location; if the bidder has a third brand included in its bid, after all remaining successful bidders have made their second count location selections, the successful bidder will chose its third counter location). Q4. Secs. 3.1 and 3.2, p. 2: Subsection 1 states that a maximum of 10 concessions will be awarded, whereas subsection 2 seems to indicate that 9 concessions will be awarded. Please clarify. 2

4 R4. A minimum of five (5) and a maximum of 10 Car Rental Concessions will be awarded, based on available space, and depending on how the bids are packaged by the bidders. The reference to a maximum of nine (9) is incorrect. Q5. Sec. 3.2, p. 2 and 10.6., p. 14: in light of the fact that the total market share of a bidder and brand(s) will serve as the basis for the allocation of facilities, does a bidder have to submit a MAG of not less than $250,000 for itself and each brand? R5. The total annual MAG for a bid that includes two or more brands (a family of brands) must be equal to or greater than $250,000 per brand. Q6. Page 3, please clarify that counter space will be allocated based on the 1st year bid, or the five-year cumulative. R6. Counter space will be chosen by the successful bidders in the order of their 5-year total MAG bid. See also Addendum #2 response R3 above. Q7. Page 3 and 4, section 1, Facilities Before DBO of the CONRAC: Please confirm that a successful bidder will be awarded one counter for each distinct brand identified in its bid both in the terminal prior to DBO of Service Center as well as in the CONRAC upon DBO of CONRAC. R7. See Addendum #2 response R3 above. Q8. Page 4 - Fee considerations (1.) Please fill in the resolution number. R8. Please delete Section 1 under Fee Considerations and replace with the following: 1. Beginning as of the Commencement Date and continuing through the Term of the Concession Agreements, the Successful Bidders must continue to collect and remit the CFC at the per-transaction day level established pursuant to the resolution adopted by the Board of Commissioners of the New Orleans Aviation Board on July 16, 2008 captioned: A resolution establishing and imposing a customer facility charge to be collected by all on-airport rental car companies operating at to be used to finance a consolidated rental car facility; establishing certain requirements for both on and offairport rental car companies operations at the Airport with respect to the consolidated rental car facility; and providing for other matters in connection therewith. as supplemented and amended by that resolution adopted by Commissioners of the Board on October 15, 2008 captioned: A resolution amending that certain resolution adopted on July 16, 2008 imposing a consolidated facility charge so as to 1) delay the commencement of its collection until November 1, 2008, 2) amend the definition of Transaction Day, 3) increase the rate thereof to $5.50 and 4) provide for the termination of the CFC on April 30, 2009 unless certain conditions are satisfied; and other matters in connection therewith. As further supplemented and amended by that resolution to be adopted by the Commissioners of the Board on April 15, 2009 captioned: A resolution amending both that certain resolution adopted on July 16, 2008 imposing a consolidated facility charge at the Airport and that certain First Amending And 3

5 Supplemental CFC Resolution adopted on October 15, 2008 which amended the initial CFC Resolution so that as amended they shall provide that the imposition and collection of the CFC shall terminate on the later of (i) April 30, 2009 or (ii) the last day of the calendar month within which the total amount of CFC collections have equaled at least the total amount of fees, costs, and expenses incurred and for which the Board is obligated which are attributable to the imposition of the CFC, the request for bids process for the proposed new rental car concession agreements, the proposed leases for the Consolidated Facility and the planning, designing and financing of the Consolidated Facility unless certain conditions are satisfied; and other matters in connection therewith. Q9. Page 4, section 1: The Service Center will represent our full-service operations during the interim period between DBO of Service Center and DBO of CONRAC. As such, the Service Center will need to be setup as full service centers complete with signage, kiosk, lighting which we will not need at the Service Center after DBO of CONRAC. Please clarify if City will pay for striping of Service Center for interim setup, as well as for re-striping of Service Center upon DBO of CONRAC to correct the Service Center back to service center facility. Along that same vein, please confirm if City will be responsible to pay for interim signage, kiosk, and lighting necessary for the facility as an interim full-service facility during the interim period. R9. The project is designed to allow for interim customer service modular facilities with agency signage. Wayfinding signage is designed as permanent signage with reflective film at lot entries and exits with a temporary message for customers and a replacement film for permanent message. One exit booth is shown at each service lot and called to be relocated to the garage. The Service lot lighting is designed into the project to 10 FC. Q10. InterimTerminal Signage: Please confirm what type of signage/identification Company will be afforded in the terminal during the DBO of Service Center but Pre-DBO of CONRAC period. Will we have phone-boards, signage? R10. Terminal signage is envisioned to include wayfinding to the new facility. Phone boards will be removed. Q11. Page 4, section 1, Service Centers. Please explain whether any re-allocation of the Service Centers will take place, in accordance with market share during subsequent years. R11. No reallocation will occur for the Service Centers. Each family of brands will be assigned a Service Center. The assignment will be for the duration of the CONRAC Facilities Lease. Q12. Page 4, section 1. Facilities a. After DBO of CONRAC: Please confirm the order of Selection of counter locations in the CONRAC will be determined by the total combined MAG of a family of brands, whether bid as single or multiple brands. 4

6 b. After DBO of Service Center: Please confirm that the MAG bid for an entire family of brands (whether bid as single or multiple brands) will be combined together to determine selection order of Service Center area. R12. a. See Addendum #2 response R3 above. b. Service Centers shall be assigned based on combined market share for Bidders family of brands. Q13. Page 4, section 2. Facilities After DBO of CONRAC: a. Please confirm that allocation of Ready/Return spaces will be contiguous format. b. Please confirm RR spaces in CONRAC will be made by combined total Marketshare as a percentage of the whole market during the previous 12 month period prior to Initial Re- Allocation date. c. Please clarify if the Initial Re-Allocation date is 12 months prior to DBO of CONRAC as indicated on Page 4 of RFB or 8 months prior to DBO of contract as indicated in the Facilities Lease (Page 127, Section 403). R13. a. The allocation of Ready/Return spaces for each bidder will be in a contiguous format, to the extent possible given the physical design of the CONRAC. b. The Ready/Return spaces in the CONRAC will be made by combined total market share as a percentage of the whole market during the previous 12 month period prior to Initial Re-Allocation date. c. The Initial Re-Allocation date will be 12 months prior to DBO of the CONRAC. The language in the draft CONRAC Facilities Lease will be revised accordingly. Q14. Page 5, section 4. Fee Considerations: Please confirm the rate of Ground Rent for Service Center and CONRAC. This is critical to our MAG determination. R14. Ground rent will be charged in the amount of $0.48/sqft/year, to be adjusted according to the Consumer Price Index annually on the anniversary of the date the Contract was executed. Q15. Please confirm there is no counter space rent or building rent for the Service Center and CONRAC after the DBO of either. The language is not clear throughout the various documents. Page 5, section 4 and 5 of the RFB state the Company will be responsible to pay Ground Rent at the Service Center and CONRAC and does not indicate building or counter rent. Page 139, section 607 of the Facilities Lease states rents under the Facility Lease (which are outlined only as ground rents) are in addition to amounts payable by Company under the Concession Agreement. Page 80, section 7.1, 7.2 and 7.6 of the Concession Agreement states the obligation to pay counter space rent and building rent will be governed by the Facilities Lease. 5

7 R15. Other than the obligation to collect and remit the CFC, to pay ground rent, and the possibility of Contingent Rent, there will not be any other types of rent for the Service Centers or the CONRAC after DBO of either. Counter rent will be due for the counter space in the Terminal building (prior to DBO of the CONRAC). Building rent (if any) will be due for existing Board-owned facilities in the existing service areas (prior to DBO of the new Service Centers). Effective at DBO of the Service Centers there will be ground rent for the ground occupied by the Service Centers. Effective at DBO of the CONRAC, there will be ground rent for the ground occupied by the CONRAC. Q16. Page 9-10, section 5.3, and the last paragraph of section 5. We respectfully object to having to disclose any personal information regarding our officers, directors, etc. R16. The requirement will not be waived; the language will not be revised. Should any inquiry be made, it will be done in accordance with the law. Q17. Page 11, section 8. Please confirm that final addenda (including City response to written questions) be issued on or before March 20, R17. The bid due date will be extended to 11:00 a.m. CDT April 30, Final addenda will be issued on or before April 16, All written comments are due prior to 5:00 pm. CDT April 13, Q18. Page 12, section 5. We respectfully request that the City provide for mutual indemnification. Will the City please indemnify the Successful Proposers against the same events that may arise due to City s actions, and add such provisions to the Concession Agreement and the Facilities and Ground lease? R18. No. Q19. Page 13, Instructions, request that incumbents be exempted from supplying all but the MAG and DBE requirements of this section. The Airport already has our revenue track record. R19. The requirements will not be waived. Q20. Page 14 (7.) Please delete this paragraph. In today s current economic environment, we cannot in good faith estimate our annual revenues expenses or net income. R20. This requirement will not be deleted. Q21. Page 14, section 11. Please confirm that the attached bid bond form is acceptable. R21. Form 7 (included in Appendix 1) must be used for the bid bond form. Q22. Page 14, section 11. Please re-state the wording of section 11, as it appears to have a formatting error with duplicates of certain lines. R22. The duplicate lines are due to a scanning error. The section has been adjusted to read: Bid bond Bids must be accompanied by a bid bond in the amount of $10,000 from a surety company authorized to do business in the State of Louisiana, with a rating of A or better in the most current edition of the A.M. Best Insurance Report, and in the form prescribed by the Board and attached 6

8 hereto (Form 7 in Appendix 1). In lieu of a bid bond, the bidder may deposit with the City a cashiers check payable to the City of New Orleans in the amount of $10,000. The bid bond or cashiers check shall be retained by the City as set forth in Section 11. The City shall not be liable for any interest on such sums on deposit with the City. Q23. Page 15, section 11. Please state the amount of the City notary fee. R23. Please delete Article 11 Execution and Performance of the RFB and replace with the following: 11. EXECUTION AND PERFORMANCE A Successful Bidder must execute the Concession Agreement and pay the Recordation fee for having the contract recorded in Jefferson Parish (the recordation fee range is estimated to be between $ and $500.00). Failure to comply with either of these requirements shall be grounds for revocation of the award as well as forfeiture of the Bid Bond. Said Successful Bidder must submit prior to, or at the time of, execution of the Concession Agreement: i) evidence of proper liability insurance as set forth in the Concession Agreement and ii) a performance bond as set forth in the Concession Agreement. The Board expects Successful Bidders to comply with all applicable rules, regulations and laws. Upon execution of all Concession Agreements awarded under this RFB, the bid bonds of all unsuccessful bidders will be returned. Q24. Form 1, A.2, p. 22, asks for "Relationship of Reporting Entity to Bidder": Is this question for brands only? Is the answer for a company that is not bidding a brand "n/a" or "same entity"? R24. The Relationship of Reporting Entity to Bidder is the legal relationship. This question is for all bidders; however, the relationship may be listed as Same Entity if applicable. Q25. Page 22, Form 1, page 33, Form 2, and page 36, Form 3. Please confirm that the Reporting Entity and the Bidder may be the same entity. R25. Refer to Addendum #2 response R24 above. Q26. Page 24 bottom of the page Kindly waive this requirement for any currently on-airport brand that bids. How does this impact a wholly owned subsidiary or holding company of a publically traded company which may submit a bid. R26. This requirement will not be deleted. The requirement is for a shareholder (if not an individual) owning more than 5% of the corporation s issued stock to submit a Business Information Statement. This requirement does not apply to a wholly owned subsidiary. Q27. Page 30 (6.) Additional Instructions Kindly waive this business information statement for any currently on-airport brand that bids. In the event you do not waive this kindly define what a business statement is. R27. This requirement will not be waived. The Business Information Statement is Form 1 of Appendix 1. 7

9 Q28. Page 33, section D. Please confirm that bidders only should provide one (1) bank reference, despite the section heading being Bank References, and we are asked to provide names, addresses and phone numbers. R28. Bidders are required to provide one (1) bank reference. Q29. Page 34, Financial Statements. National Rental (US) Inc. ( National ) currently operates at the Airport. So does Vanguard Car Rental USA Inc., d/b/a Alamo. However, it may be decided that each brand will bid separately as National Rental (US) Inc. and Alamo Rental (US) Inc. Neither Vanguard Car Rental USA Inc, National Rental (US) Inc., nor Alamo Rental (US) Inc. has individual financial statements. Instead, their finances are rolled into the statement of their parent company, Vanguard Car Rental USA Holdings Inc. We request that you accept the financials of a Parent company for those entities which do not have such statements. As indicated, if this is not allowed, neither Alamo, National, nor Vanguard can comply with the RFB requirements as they do not have complete financial statements nor tax returns for the individual entities as noted above. R29. The Board will accept the financials of a parent company for those entities which do not have such statements. Q30. Page 34 a. E. Financial Statements: Kindly waive this requirement for any currently on-airport brand that bids. In the event you do not waive this requirement kindly advise us to what level the financial statements must go, i.e. wholly owned subsidiaries and holding companies? b. H. Subsequent Events Kindly delete this requirement or define substantial contracts and or current liabilities. R30. a. This requirement will not be deleted. The financial statement requirements are for the Reporting Entity submitting the bid. b. This requirement will not be deleted. The requirement is for the Reporting Entity to disclose any substantial contracts and /or contingent liabilities (not current liabilities, as erroneously stated by the questioner). The items to be disclosed are those items deemed by an independent auditor to be substantial based on Generally Accepted Accounting Principles. Q31. Form 2, E.2, p. 34: request deletion of requirement to provide a "Current Fiscal-Year-to-Date Balance Sheet, etc." Hertz will supply a fiscal year ended Annual Report to the SEC on Form 10K dated December 31, The 10K should be sufficient. We do not have time to prepare a 2 month audited report as requested. We can commit, however, to providing a 10Q for the first quarter as soon as that document is filed with the SEC. R31. Bidders must submit their last audited fiscal year financial statement and their unaudited financial statements for any subsequent fiscal years. 8

10 Q32. The bid specifications require submission of 1 original and 7 copies of the bid response. Form 2, Financial Information Statement, Sec. E.2, p. 34, requires 3 years of financials. We plan to submit Annual Reports to the SEC of Form 10K for the fiscal years ended 12/31/08, 12/31/07 and 12/31/06. Do we have to submit a total of 8 copies of the 10Ks or will one set suffice? R32. The bid response must consist of 1 original and 7 copies of all required information. Q33. Form 3.B.2 and B.3, p. 36, requires a listing of all non-airport rental car operations and all airport rental car operations. Because of the hundreds of locations Hertz (and the other RACs) operates, we request that the Airport either waive these requirements for incumbents or, alternatively, limit the response to 5 locations. R33. The requirement to list all airport rental car operations is waived for all companies that currently operate at the Airport under a Concession Agreement. The requirement to list all non-airport rental car operations is modified as follows: list all non-airport rental car operations within a 25-mile radius of the Airport. Q34. Page 36 Form #3 Please waive this requirement for brands that are currently operating at the airport. In the event you do not waive please limit B, 2 and 3 to just 3 rental car operations for each category. R34. See Addendum #2 response R33 above. Q35. Form 3.C.1, p. 37, erroneously refers to "luggage cart rental contracts. If corrected to rental car contracts, please delete for incumbents or a time limitation to the last 5 years. R35. This is an oversight in the forms. The correct reference is to rental car concession contracts. The sentence is corrected to read: Have any agreements held by the Reporting Entity, or any principal owner of the Reporting Entity, for the operation of a car rental contract been canceled during the past five (5) years? All bidders, including incumbents are required to respond. Q36. Page 37 - #1- Please delete as I do not see the relevance of a Luggage Cart Rental Contract ever being cancelled. R36. See Addendum #2 response R35 above. Q37. Page 42, same issue as #1 above, the submittal requires me to enter into a CONRAC Facilities Lease without knowing the cost. Please change. R37. The CONRAC Affordability Analysis will be distributed to all potential bidders on April 16, The bid due date will be extended to April 30, Q38. Terms and Conditions of Bid form on p. 42: the name identification lines have instructions written in the space where the name of the bidder must be typed. Should we type the Hertz name above the instructions, white out the instructions, or will the Airport provide us with a clean copy. 9

11 R38. Please see the attached clean copy. Q39. Page 43, section 11. Please insert unless approved in writing by the City, after the word subcontract. R39. To be answered in a future addendum. Q40. Page 43, #11 Please delete as I cannot guarantee that we will never enter into any subcontract. R40. To be answered in a future addendum. Q41. Page 43, #12 Please delete #2 in this sentence or explain how it will impact a company that has more than one brand. R41. The language on Page 43 is revised as follows: 2) the contents of this Proposal as to rent, terms or conditions have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business, other than employees or agents of other brands included in this bid, prior to the official opening of this Bid. Q42. Page 44, #13 Please delete this or explain how it will impact a company that has more than one brand. R42. Language stands as is. Refer to Addendum #2 response R3. Q43. Page 47. Please confirm that one (1) authorized officer is sufficient to properly execute page 47. R43. Only one signature per bid is required to properly execute page 47. Q44. Page 52. Please confirm if a company who owns more than one brand must register each brand separately in the on-line registration. R44. One registration is required per bid. Q45. Appendix 2, Concession Award Requirements, pgs : This is a copy of a letter dated June 27, 2005 concerning online registration. Is this registration necessary for this bid or have the incumbents already registered? If necessary, is there any documents relating to this Appendix 2 form that must be submitted with the Bid response? R45. No. The Tax clearance certificate requirement is not required to be submitted with the Bid. The Tax clearance certificate must be obtained prior to the City processing a contract. The instruction for obtaining the certificate is provided in Appendix 2. Q46. Page 65, preamble, same issue as #1. 10

12 R46. The CONRAC Affordability Analysis will be distributed to all potential bidders on April 16, The bid due date will be extended to April 30, Q47. Page 66, definition of CFC in i, should read "as imposed by Resolution of the Board." R47. The definition is revised as follows: CFC or Customer Facility Charge means the pertransaction day charge imposed by Board resolution and collected by the RACs from their customers pursuant to the Board resolution. Q48. Page 68, CFC funds should be specifically excluded from the definition of gross revenue. R48. Agreed; CFC collections will be specifically excluded from the definition of Gross Revenue. The definition of Gross Revenue is revised as follows: Gross Revenue means the total sum of money received or realized by or accruing to the Concessionaire from all sales, by cash, credit, exchange or otherwise, of every kind, name, and nature, whether paid or unpaid, regardless of when or where paid, resulting from the total charges reflected on customer rental contracts for the rental of vehicles by Concessionaire at the Airport (regardless of where the order originated or where the exchange of vehicles occurs), and shall include, but not be limited to, the following: i. All time and mileage charges, net of any discounts that may be offered, on vehicles rented at the Airport or on vehicles taken by customers from the Airport regardless of what station or establishment may receive the vehicle or the rent from them, including vehicles taken by customers in exchange for vehicles originally rented or taken by customers at the Airport; ii. iii. Drop charges charged to customers renting vehicles at the Airport but delivering them to another location; Monies separately stated and collected from customers for refueling of vehicles; iv. All monies collected from customers for rental of accessories such as child restraint devices and mobile telephones; and v. All monies paid for personal accident insurance coverage. Gross Revenue shall not include the following: i. CFC collections; ii. All monies paid for collision and loss damage waiver; iii. iv. Monies recovered from insurance or otherwise for damage to or for loss, conversion, or abandonment of vehicles or other property; Any federal, state, or municipal sales taxes or other similar taxes separately stated and collected from customers; provided however, that no deduction shall be allowed for credit card 11

13 discounts, franchise fees, concession fees, or taxes levied on concession activities, facilities, equipment, or real or personal property of Concessionaire; v. Proceeds from the disposal of Concessionaire's owned equipment, including vehicles; vi. Customer refunds for unsatisfactory service. Q49. Page 68. We respectfully request that the following items be excluded from Gross Revenue: Fuel Carbon Offsets Concession Recovery Fees Personal Effects Coverage, Personal Accident Insurance, Supplemental Liability Protection Local renters Amenities: GPS, satellite radio, baby seats, etc. Parking tickets, Tolls, Towing & Impound Fees, Traffic & Red Light Tickets R49. The listed items will not be excluded from Gross Revenues. Q50. Page 71, section 3.2, this language should acknowledge that this is a specific five-year bid, and any holdover situation will come without a MAG. R50. Although the MAG bid is for five years, Section 7.3 (page 80) states that Commencing at the beginning of the sixth (6 th ) Contract Year, and for each Contract Year thereafter for the remainder of the Term, the Concessionaire s MAG will be adjusted to an amount equal to eighty percent (80%) of the Percentage Fee paid by the Concessionaire in the prior Contract Year; provided, however, that in no event shall the MAG be reduced below the MAG for the prior Contract Year. Q51. Page 72, section 4.1f. and Page 77, section 4.6. Because the Service Center will temporarily house all operations and parking for a brand or family of brands until the DBO of the new CONRAC, space will be extremely limited and even competitively disadvantageous for a company who will be operating more than one brand in the Service Center. Please confirm that a company who currently operates an off-site (non-airport owned) service area, may choose to operate one or more brands from this off-site area and not locate their entire family of brands to the Service Center, until such time as the DBO of the CONRAC, providing that company shall still occupy and operate at least one or more brands from their awarded Service Center Area upon DBO of the Service Center. R51. Yes, a company who currently operates an off-site (non-airport owned) service area, may choose to operate one or more brands from this off-site area and not locate their entire family of brands to the Service Center, until such time as the DBO of the CONRAC, providing that company shall still occupy and operate at least one or more brands from their awarded Service Center Area upon DBO of the Service Center, and provided that the operation of such off-site area does not result in any diversion of business from the Airport. Q52. Page 72, 4.2.a, please add a provision that would allow the Airport to review manning adjustments as requested by Concessionaires. New Orleans is a bussing location and our 12

14 focus is to get a customer on the bus and to our facility as quickly as possible. The need to constantly man counters is not necessary. R52. The language is revised as follows: The Director will have the authority to approve changes to the staffing requirement upon the request of the Concessionaire. Q53. Art. 4.2.b., p. 72, requires that vehicles not be more than 2 model years old. In these times, please change to three years. R53. The Board agrees to make this revision. The Concessionaire will be required to provide vehicles that are within three years of then-current model year. Q54. Page 72 and 73, section 4.2.c. Please correct formatting error (duplicate lines). R54. The duplicate lines are due to a scanning error. The section should read as follows: c. The Concessionaire shall take all reasonable, proper and ethical measures to maintain, develop and increase the business conducted by it and shall not divert or cause to be diverted any rental car business from the Airport. Concessionaire shall not permit its agents, servants, or employees to engage in solicitation of services offered by Concessionaire at the Airport and shall not converse or communicate in any way with persons not in Concessionaire s own Queue Area. Concessionaire s operations shall be conducted in an orderly, courteous and proper manner so as not to annoy, disturb or be offensive to others. The Director shall be the sole judge as to whether the conduct of Concessionaire s representatives is in violation of this Paragraph. Q55. Page 73, 4.2.d., please strike the requirement that the Airport Director approve our rules, regulations, and operating procedures. R55. The requirement will remain as is. Q56. Page 73, section 4.2.e. Please delete the requirement for sequentially pre-numbered rental contracts. Due to how our records and information systems are set up, we are unable to comply with this requirement. R56. This is a standard requirement in concession agreements. This requirement will not be deleted. Q57. Page 73, section 4.2.e. Please delete the requirement for fidelity bonds or appropriate insurance in the amount of $10,000 on each employee handling cash or receipts. R57. The Board agrees; this requirement will be deleted. Q58. Page 76. Please confirm that a Successful Proposer s standard trade dress will be allowed. R58. A Concessionaire s standard trade dress is allowed. Q59. Page 78, section 5.1. Please allow for twenty-four (24) hours notice prior to any inspection. R59. The request is denied. 13

15 Q60. Page 78, section 5.2.a. and b. Please allow for twenty-four (24) hours notice prior to any inspection. R60. The request is denied. Q61. Page 78, section 5.4. Please clarify whether replacement accommodations will be provided, and that no concessionaire will be singled out or moved in a way that would lead to a competitive disadvantage. R61. If Section 5.4 is exercised by the Board, replacement accommodations will be provided, and that no concessionaire will be singled out or moved in a way that would lead to a competitive disadvantage. Q62. Page 82, 7.6.d.ii, abatement language is fine at 75%, not sure where the incomplete clause is going with revenues, but that should not factor into abatement. R62. The abatement clause will retain the condition that Gross Revenues also decline. The language is revised to state, If for any reason, the number of passengers deplaning at the Airport, during any calendar month, shall be less than 80 percent of the number of deplaning passengers in the same period of the immediately preceding calendar year; and Gross Revenues during the same calendar month shall be less than 80 percent of the Gross Revenues in the same period of the immediately preceding calendar year, the Concessionaire s MAG for that year will be reduced by 50 percent. Q63. Page 82, section 7.7.a. Please delete the word pre-numbered in the third line, as we are unable to use pre-numbered contracts, as stated above. R63. This is a standard requirement in concession agreements. This requirement will not be deleted. Q64. Page 82, section 7.7.a. Will the City please provide reasonable notice prior to an audit? A minimum of twenty-four (24) hours advance notice is requested. Further, please confirm that the books and records related to inspection and audit under this Agreement will be limited to only those books and records directly related to an audit of Gross Revenues. This excludes tax returns, audit work papers etc. R64. The Board agrees. The language is revised as follows: The Concessionaire shall keep full and accurate books and records showing all of its said activity hereunder, including but not limited to daily deposit reconciliations, copies of all pre-numbered rental contracts, and other records related to Gross Revenue. Such books and records shall be made available in the New Orleans area and maintained in accordance with generally accepted accounting principles unless otherwise agreed to by the Board. In the event books and records are not in the New Orleans area, Concessionaire shall be fully responsible for all travel expenses of the Board's auditors. The Board shall have the right, through its representatives, at all reasonable times, to inspect Concessionaire's books and records, with a minimum of twenty-four (24) hours advance notice. The Concessionaire agrees that all such records and instruments will be made available to the Board for at least a three (3) year period following the end of each Contract Year of the Agreement. 14

16 Q65. Page 82, section 7.6.d.ii. We respectfully request an abatement of the rent, if there is a 10% reduction in deplaning passengers. Please insert the following in the Agreement: If the number of deplaning passengers is reduced to 90% or less as compared to any 30 day period during the previous year or the first year of the Agreement, the MAG should be proportionately abated using the same percentage for the abatement as the percentage representing the decline. R65. See Addendum #2 response R62 for revised language. Q66. Page 83, section 7.9. We respectfully do not support a radius clause as outlined in this section and would instead propose a No Diversion of Auto Rental clause. It is not fair or reasonable to charge local customers airport-related fees, surcharges and taxes simply because they happen to be renting from a location within a certain distance of the airport. As well, it is unreasonable for the City to gain revenue from all rentals at off-airport locations simply because they exist within a certain radius. As the intent of this section is to protect the City s right to revenue from rentals actually derived from customers who arrived through/from the Airport, we respectfully request the airport consider the following non-diversion language instead, which protects those same rights and is fair to the local renters and businesses in the area: Concessionaire shall not knowingly or deliberately divert any automobile rental business generated at the Airport to other locations, acknowledging that said diversion would limit and reduce the revenue due to the City. Any Concessionaire who shall knowingly and deliberately divert automobile rental business to another of its locations within the City or County of New Orleans may be found in default of the Agreement, and all other rights and remedies to it in law and in equity including, but not limited to termination. Revenues derived from such diverted business shall be considered concessionable. R66. To be answered in a future addendum. Q67. Page 87, section 9.3. Please add the following to the end of this subsection: Notwithstanding anything to the contrary in this Agreement, Concessionaire shall, subject to prior written consent by City, be permitted to sublease or assign its interest pursuant to this Agreement. Assignment shall be allowed without City s consent when the assignment is to an affiliate of Concessionaire s parent company. R67. The language is revised as follows: The Board reserves the right to deny any assignment, subcontract or acceptance of transfer of ownership for any reason it deems to be in the best interest of the Airport. Such consent will not be unreasonably withheld, and the underlying obligation of the parent company will continue. Q68. Page 88-90, Article XI, and page 95, section Due to fleet financing, we respectfully request the City include the following provision in the Agreement: The City will not claim or have a lien of any kind, be it contractual or statutory, on or against Concessionaire s motor vehicles for non-payment of any rent or fees due under the Agreement, or for any default of Concessionaire or any other reason, and the City hereby waives all such liens available to the City. 15

17 R68. The requested language will not be added. Q69. Page 93, section Please include delivery by recognized overnight delivery service such as FedEx, as an approved method of notice delivery. R69. The language is revised as follows: Notices. Notices required herein may be given by registered or certified mail, or by express delivery, by depositing the same in the United States mail or in the continental United States, postage prepaid, or through an express delivery provider, charges prepaid. Either party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices delivered via the U.S. Postal Service to the City and/or the Board shall be delivered as follows: Director of Aviation PO Box New Orleans, Louisiana Until any such change is made, notices delivered via express delivery to the City and/or the Board shall be delivered as follows: Director of Aviation 900 Airline Drive, Room 306 Kenner, Louisiana Phone: (504) Q70. Page 120, LLC, we are not interested in establishing an LLC here, or anyplace else. Our preference is for the Airport to engage a third party operator to perform the necessary facility management functions. R70. The RACs are required to form an entity, to provide for the maintenance and operation of the Common Areas in the CONRAC. The entity can be an LLC, a consortium, or any type of unincorporated entity. The RACs are required to provide to the Board proof of the creation of the entity. Q71. Page 121, Non-Reallocation Area, what is this? R71. The defined term Non-Reallocation Area is deleted from the Article II ( Definitions ). It does not serve any purpose in the Facilities Lease. Q72. Page 125, please confirm the length of term for the bonds is 40 years. R72. The Bond Resolution allows for the bonds to have a final maturity of up to 40 years. However, it has not yet been determined what the final maturity will be. Q73. Page 127, Section 4.04, references to LLC should be stricken throughout. R73. See Addendum #2 response R70. 16

18 Q74. Page 135, Section 6.02, ground rentals should be either eliminated or included within the CFC calculation. R74. Ground rentals are standard in this type of facilities lease. The CFC collections will be used to pay debt service on the bonds issued to finance the CONARC and the Service Centers. In addition, the Board needs to collect rentals for the land occupied by the CONRAC and the Service Centers. Q75. Page 136, Section 6.03, very detailed section on LLC operation is unnecessary. R75. See Addendum #2 response R70. Q76. Page 137, Section 6.04, none of us are in a financial position to assume any contingent rent, which is why it is imperative that this project be able to stand on its own financially through CFC collections only. Regardless, there should be a review mechanism that is more frequent than annually in the event there is contingent rent. Quarterly reviews should take place. R76. The Board must have a provision to cover any shortfall in CFC collections, to ensure that the debt service requirements and other financial obligations related to the CONRAC and the Service Centers are met. Such shortfalls can be covered through an increase in the CFC, the imposition of contingent rent, or a combination of both. The language will be revised to provide for a review mechanism more frequent than annually. 17

19 Requests Q77. Please provide the linear footage of the current counters as I cannot make it out from exhibit A. R77. There is currently approximately 142 linear feet of counter space. Q78. Please provide all attendees at the pre-proposal meeting a copy of the sign-in sheet. R78. A copy of the sign-in sheet is attached. Q79. Please provide forecasts for future growth... R79. This will be included in the Affordability Analysis, anticipated to be distributed to all prospective bidders on April 16, Q80. Please provide the revenues paid by all on and off-airport operators in the last 5 years, by year and by individual company. R80. Please see attached (revised) Table 2 from the RFB. Q81. Are there any changes anticipated at the Airport in the next 10 years that will affect car rental operations, other than the CONRAC and Service Center? If so, please explain. R81. No such changes are anticipated. Q82. Please provide an update/report of revenues collected from the CFC collections from November 1, 2008 to date. R82. This will be included in the Affordability Analysis, anticipated to be distributed to all prospective bidders on April 16, Q83. Please provide a Service Center schematic. R83. The Service Centers are currently being designed. Q84. Please confirm with respect to off-airport vehicle rental operations: a. Is there an off-airport agreement? b. What are the terms for off-airport companies (concession percentage fee, pick up location(s) etc.) c. Are there any current off-airport operators? R84. a. There is not currently an off-airport agreement because there are no Off-Airport RACs. 18

20 b. At the present time the CFC Resolution does not contain an Off Airport Rental Car Company Customer Facility Charge or other transportation fee. Further there is no Off Airport Rental Car Company Concession Agreement presently in force. The staff of the NOAB is presently intending to recommend to the Board that 1). An off Airport Rental Car Concession Agreement be implemented if there are any such companies, 2) that if any Off Airport Rental Car Companies do exist that an Off Airport Rental Car Company Customer Facility Charge be implemented or 3) a transportation fee will be charged to Off Airport Rental Car companies for their proportionate use of the portion of the CONRAC utilized by their customers. With respect any Off Airport Rental Car Customer Concession Agreement providing for a concession fee the Aviation Board will comply with the provisions of La. R. S. 2:605(D). c. No. Q85. The language throughout this section, and most particularly in sub-paragraph 3 on page ii which states that a successful bidder agrees to enter into a CONRAC Facilities Lease must be changed. We cannot agree to this term without knowing the results of the affordability analysis. It would seem prudent to postpone the bid until after that is known to simplify this process, however, if it is necessary for some reason to proceed, this language must be changed. R85. The CONRAC Affordability Analysis will be distributed to all potential bidders on April 16, The bid due date will be extended to April 30, Q86. Bid due date of March 31st is very tight, given that comments can be submitted through the 16th. We request at least a two-week extension of the bid due date. R86. The bid due date will be extended to Thursday, April 30, 2009 at 11:00 AM CDT. Q87. At the pre-bid meeting, it was stated that the original bid due date could only be extended by 30 days because of "state law." Could you please provide the specific state law that you are referencing? R87. The bid due date will be extended to Thursday, April 30, 2009 at 11:00 AM CDT. ACDBE/DBE Questions Q88. Page 56, DBE Plan. Please provide a better quality copy of the DBE plan; the first page is illegible. R88. Please see the attached copy of the DBE Plan for Concessions. Q89. Page 79 Please clarify what the DBE % Goal is. Language is contradictory (13.62% or 35%?). Further, please confirm the measurement of DBE% is calculated by the following formula: the total DBE spend by Company as a percent of the total Gross Revenue of Company for that period. R89. The language on Page 79 of Article VI Paragraph 6.4 is revised as follows: In the event of Continued Non-Compliance, the Board may assess liquidated damages in an amount equal to 19

21 thirty-five percent (35%) of the difference between the total amounts attributable to ACDBE participation during the applicable Contract Year had there been compliance with the 13.62% ACDBE participation goal and the amounts actually generated by ACDBE entities during said Contract Year. Pursuant to 49 C.F.R, Part 23 Participation of Disadvantaged Business Enterprises in Airport Concession, the is allowed to use total gross revenues as a basis of its goal calculation approach ( 23.49). However, also allow the airport to use the alternative approach of (c) (5) (ii) as follows: In the case of a car rental goal, where it appears that all or most of the goal is likely to be met through the purchases by car rental companies of vehicles or other goods or services from ACDBEs, one permissible alternative is to structure the goal entirely in terms of purchases of goods and services. In this case, you would calculate your car rental overall goal by dividing the estimated dollar value of such purchases from ACDBEs by the total estimated dollar value of all purchases to be made by car rental companies. The ACDBE goal of 13.62% for Rental Car Companies is based on goods and services. The purchase of goods and services do not include wages, rent, utilities and fleet purchases. However, it may include security, janitorial, supplies, auto parts and repairs, uniforms, background check services, etc. Where and when possible, the procurement of fleet purchases from ACDBE/DBE vendors is encouraged. Such fleet purchases may be used toward the stated ACDBE goal. Q90. Is there a DBE Compliance goal for this airport? R90. The ACDBE Compliance goal for Car Rental companies is 13.62%. Q91. Is DBE goal for each car rental company or for all Airport Concessionaires? R91. The ACDBE goal is for each rental car company. Q92. Is the DBE goal approved by the FAA for car rental? R92. No. All DBE and ACDBE goals are subject to FAA review and approval. Q93. Is there a disparity study that was conducted by the Airport that supports the DBE Compliance goal? R93. No. The airport is currently evaluating the content and cost of performing a disparity study which will include the impact of disparity in post-katrina New Orleans. Q94. If the RAC DBE goal is 35% it is requested that this be reduced to 10% fed aspirational goal. R94. No; the Rental Car Concessions ACDBE goal is 13.62%. Q95. It is respectfully requested that the Airport accept Bidder s spend with minority and women certified and owned fleet car dealers towards the DBE Goal? 20

22 R95. No. The airport, pursuant to 49 CFR, Parts 26 and 23, utilizes Disadvantaged and Airport Concessions Disadvantaged Business Enterprises to count toward its goals. The airport does not count Minority and Women certified businesses toward its DBE and ACDBE goals. Q96. Can the DBE goal of be derived by putting DBE purchases against gross purchases, as opposed to revenue? R96. Yes; refer to Addendum #2 response R89. Q97. Please provide the name, contact information and of your DBE Liaison Officer and/or the person in charge of same? R97. Please refer to Page 8 of the official Bid Document. 21

23 Q98. Page ii, section (5). We understand only existing service area space which is necessary to build new CONRAC/GARAGE will be taken prior to DBO of the Service Center. Please confirm. R98. Entire property of each existing service area will be taken to allow project construction. Q99. Page 4, section 1. During the pre-bid meeting, the award and selection of counters to all brands within a bid (both pre and post DBO of CONRAC) by highest MAG bid (whether one, two or three brands) was contested by some companies. Selection and allocation by highest MAG bid is standard in our industry as it allows a company (or companies) fair return for the MAG they will be paying in comparison to the other, lower MAGs by other companies. We wholly support the current language regarding counter assignment and selection. We would not wish to see this changed from current language. R99. See Addendum #2, response R3. Q100. Pages 5 9, section 4: With respect to ACDBE we pose the following comments and questions: a. When did the Board adopt an ACDBE plan and move away from DBE participation? b. Under our former and current concession agreements, we report DBE expenditures (not ACDBE). As such, we currently do not use ACDBE vendors as that certification is a very narrow pool of vendors and was not previously required. We have reached out to the DBE Liaison Officer to obtain a list of ACDBE vendors and will reach out to those vendors whose services we may wish to utilize during the term of the new Concession Agreement. As such, we are unable to project that the Board s goal of 13.62% has been met. As a matter of practice, we will endeavor to include ACDBE vendors in the purchase of goods and services and will make good faith efforts in meeting the Board s goal of 13.62% and comply with all requirements of the Board s ACDBE Plan. It is unreasonable and burdensome to require Bidders to prove that the ACDBE goal has been met prior to entering into a new agreement, especially given the tight timeframe in which we must reach out to ACDBE s in order to obtain signatures and other information to complete the required ACDBE forms. It is also difficult at times to find a qualified company that is ACDBE certified. Some sort of concession should be made if it is a specialized trade such as Fueling Systems. We request that the Board allow all Bidders to supply a detailed ACDBE Plan and documentation demonstrating Bidder s commitment to utilize ACDBEs in meeting the Board s ACDBE goal of 13.62% in lieu of completing the ACDBE Schedules referenced in the RFB. We propose Bidder s ACDBE Plan include the following: Bidder s ACDBE Good Faith Effort Plan 22

24 Documentation of Bidder s good faith efforts to seek the services of ACDBE firms Documentation of Bidder s good faith efforts to assist DBE firms in becoming ACDBE certified List of potential ACDBE firms which Bidder will endeavor to utilize during the term of the new agreement c. The ACDBE forms (Form 1/Schedule F; Form 2/Schedule G; Form 3/Schedule H; and Form 4/Schedule I) do not apply to rental car operators as we are specifically precluded in the Concession Agreement from subcontracting out any portion of our operations. As such, we respectfully request the Board adopt the above proposed plan regarding ACDBE bid requirements. d. Please confirm that any ACDBE firm certified during the term of the Concession Agreement by the Board and utilized by Concessionaires will be included in calculating Concessionaires ACDBE percentage goal. R100. a. The FAA issued an amendment to 49 CFR, Part 23 Participation by Disadvantaged Business Enterprises in Airport Concessions, on March 22, The amended regulations included language specific to car rental companies. The Airport has adopted the new regulations effective March 22, For all other federally funded projects, the Airport continues to operate pursuant to 49 CFR, Part 26 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. b. Bidders must complete ACDBE Form 1. As stated in Addendum #1, ACDBE Forms 2 and 3 are not required at this time. Should a Bidder not be able to document proposed ACDBE participation that meets the goal, then Bidder should complete ACDBE Form 4 which documents Good Faith Efforts to meet the goal. For ease of administration of compliance with ACDBE provisions contained in this RFB, the airport will accept (and count towards the ACDBE goal) the use of certified DBE vendors that provide goods and services to car rental companies. If DBE companies are utilized, the DBE department will initiate the process of certifying such DBE vendors as ACDBE vendors. The process includes a streamlined documentation of dual certifications without the need for a new certification application process. Vendors are recommended to go to the LA UCP website for a list of certified DBEs which can be used to meet the ACDBE goals of this project. c. See Addendum #2 response R39. d. If any LA UCP certified DBE firm is approved by the NOAB for participation in rental car concession, then participation of such DBE firm will be included in calculating the Concessionaire s ACDBE goal. Q101. We respectfully request that the financial requirements of the RFB, as noted in Form 2, are waived for incumbents. R101. The requirements are not waived. 23

25 Q102. Should the request for a waiver as stated in the above question be granted, we ask that such waiver is granted for any combination of brands submitted in a bid, as long as one or more brands in said bid are currently operating at the Airport. R102. The requirements are not waived. Q103. Page 33-34, Form 2. In the event that we should choose to submit a multi-branded bid, we would do so by forming a Limited Liability Corporation specifically created for this purpose. This newly formed bidding entity would not have any available financials, since it would be a new shell entity specifically created for this purpose. The LLC would have two managing members which are currently operating at the airport. We are able to provide a balance sheet and income statements for our most recent fiscal year end (7/31/08) for each of these managing members (Enterprise Leasing Company of New Orleans and Vanguard Car Rental USA Inc.). The managing members are both wholly owned subsidiaries of Enterprise Rent- A-Car Company, a privately held Missouri corporation. Please confirm that balance sheets and income statements as described above, together with certification letters from the parent company s CFO will satisfy the requirements of this RFB? R103. Balance sheets and income statements from members of LLC together with certification letters from the parent companies CFO will satisfy the requirements of this RFB. Q104. Where a bidder is an LLC that is member-managed by two corporations, please confirm that the bid can be signed by the Vice President of each corporation as officers of the managing members of the LLC. R104. Signature(s) by officer(s) duly authorized by their respective corporations as LLC manager(s) is/are acceptable. Q105. Page 23, Corporation information, section 5. Please confirm that a certified copy rather than an original of the Certification of Authority is sufficient. R105. A certified copy of the Certification of Authority is sufficient. Q106. Page 38, Form 4, under ACDBE Participation Plan. If a bidder responds No, then bidder is directed to attach a Schedule and skip to Section D. We are unable to locate this Section D. Please clarify. R106. In Form 4, B. ACDBE Participation Plan, the instructions next to Number 1. No have been revised to read as follows: {Attach completed ACDBE Schedule I}. However, in order to be considered a Successful Bidder, respondents must propose ACDBE/DBE participation or demonstrate Good Faith Efforts as described in the response to Question 161. Q107. Page 39, Form 4: Please confirm ACDBE participation will be measured in the same manner (i.e., percentage of Gross Revenues of Concessionaire) for quarterly reporting during the term of the agreement in order to determine whether Concessionaire is meeting the Board s ACDBE 13.62% goal. 24

26 R107. ACDBE participation will be measured in terms of percentage of goods and services procured from ACDBE and DBE firms. Quarterly report participation will be measured as above. Q108. Please include the following language at an appropriate location in the Agreement, in order to ensure that we are able to protect our customer s privacy: Company, in its efforts to comply with the requirements applicable to its customers under the Payment Card Industry Data Security Standard, shall under no circumstances be required to use any network other than its own private network, to ensure that its customers credit card information is not compromised. R108. To be answered in a future addendum. Q109. Page 74, section 4.3(b)(iii): Please add caused by Concessionaire after pollutants in the second line. R109. To be answered in a future addendum. Q110. Page 75, section 4.4(a). Please delete the following: Concessionaire shall at its own cost and expense, and insert in lieu thereof: Concessionaire which is a new entrant to the market, i.e. a brand not currently represented in terminal, shall at its own cost and expense. R110. At Airport's option, refurbishment of ticket counters will be done at Airport's expense. Q111. Page 75, section 4.4(c) and page 76, section 4.5(d). Regarding amortization of improvements: Five years is acceptable as a maximum for all improvements save furniture, fixtures and equipment. These items may be amortized over a longer/shorter term according to GAAP, and these particular improvements, including but not limited to signage, counter inserts, computer/telephone equipment and office furnishings are to remain the property of concessionaire at the end of the term. Please confirm agreement with the aforestated. R111. The language stands as is. Q112. Page 75, section 4.4(d) and page 76, section 4.5(e). A required construction bond for any contractor is unreasonable, as some contractors work is minimal in scope. We recommend setting the bond requirement at a specific dollar amount of work, for example $50,000. An alternative would be to require Company to provide construction/performance bond or letter of guarantee in an amount equal to the total estimated cost of construction for all contractors. Please confirm agreement with the aforestated. R112. Refer to Addendum #2 response R110. Q113. Page 76, section 4.5(a). Please add the following at the end of the first sentence:, such approval not to be unreasonably withheld, delayed or conditioned. R113. Article IV, Section 4.5(a) will be revised as follows: Except as expressly provided herein, Concessionaire shall make no alterations, additions or fixed improvements to or installations on its 25

27 Assigned Areas without the prior written approval of the Director, such approval not to be unreasonably withheld. Any alterations, additions or improvements to Concessionaire s Assigned Areas, except those required under Paragraph 4.4 of this Agreement, shall be at the Concessionaire s own cost and expense. Q114. Page 77, sections 4.5(g) and 4.5(h). Please confirm that the Board s approval will not be unreasonably withheld, delayed or conditioned. R114. The Board confirms its approval will not be unreasonably withheld. Q115. Page 78, section 5.3. All vehicles shall be required to be in compliance with any and all federal, state, and local guidelines for safe operation. Any other standard is onerous. We recommend the following be inserted: Company shall provide late model, low mileage vehicles for rental that have no significant apparent physical or mechanical defects. Any shuttles operated by Company shall also be maintained in good working condition, free of any physical or mechanical defects. Please confirm your agreement with the aforestated. R115. The language is revised as follows: Company shall provide low mileage vehicles not more than 3 model years old for rental that have no significant physical or mechanical defects. Any shuttles operated by Company shall also be maintained in good working condition, free of any physical or mechanical defects. See also Addendum #2 response R53. Q116. Page 78, section 5.5. Please confirm that Company s employees will not be compelled to use provided employee parking. R116. Company employee parking may be in designated parking areas but not in spaces designated for rental cars. Q117. Page 78, section 5.6. We respectfully request that the Board include a specific time period in which repairs by the Board must be completed by, such as 30 days, at which time the Board shall be liable for damages resulting from Company s partial or complete inability to use the damaged premises for its operations. R117. Board will endeavor to complete repairs in a reasonable time period given the Board s legal requirements. In no case will the Board be liable for damages. Q118. Page 79, section 6.4: The ACDBE goal is incorrectly stated in the fourth line. Please correct to read 13.62%. Also, liquidated damages in an amount of 35% of the difference between to the total amounts attributable to ACDBE participation (had there been compliance with established goal) and those actually generated is unnecessarily high when the Board itself has established the ACDBE GOAL (not a requirement) and a mechanism to show Good Faith Efforts in attaining the GOAL if the goal is not reached. Please delete this onerous penalty. R118. See Addendum #2 response R89 for corrected language. The remaining language regarding penalty stands as is. 26

28 Q119. Page 82, section 7.7(a). Please revise the requirement to keep records and instruments for a period of seven (7) years. A period of three (3) years is attainable for us and is standard practice. R119. Please refer to Addendum #2 response R64. Q120. Page 83, section 7.8. Please delete the requirement for a yearly independent audit. R120. Yearly independent audit is required as stated in RFB. Q121. Page 85, sections 8.6 and 8.7. Please note that we are unable to provide copies of our insurance policies. We are able to provide Certificates of Insurance which are sufficient to demonstrate required insurance coverage. Please confirm that this is acceptable. R121. Certificates of Insurance are acceptable. Q122. Pages 85 and 86, Section 8.8: Please delete the at the end of the third line and replace with Concessionaire s. Please add the following at the end of this section: Notwithstanding the foregoing, Concessionaire shall not be liable for any environmental condition existing prior to Concessionaire s occupation of the Existing Services Area. R122. To be answered in a future addendum. Q123. Page 95, section Due to fleet financing, we respectfully request the Board include the following provision in the Agreement: The Board will not claim or have any lien of any kind, be it contractual of statutory, on or against Company s motor vehicles for nonpayment of any rent or fees due under the Agreement, or for any default of Company or for any other reason, and the Board hereby waives all such liens available to the Board. R123. Such provision is denied. Q124. Page 126, section 401(a)(3). Please add vehicle storage, washing and fueling to this section. R124. Agreed; the language is revised as follows: as to its assigned Service Center, Rental Car maintenance, cleaning, conditioning, servicing, vehicle storage, washing, and fueling with no damaged vehicles in view of the public. Q125. Page 131, section 406(a). Please exclude repairs and replacements made necessary due to actions or negligence by persons or entities other than the Company. R125. The language stands as is. Q126. Page 131, section 406(c). Please clarify the term obstruction lights. R126. The FAA s definition of obstruction lights is a light or one of a group of lights, usually red or white, frequently mounted on a surface structure or natural terrain to warn pilots of the presence of an obstruction. 27

29 Q127. Page 132, section 410. Please delete the fifteen percent administrative fee, or, at the least, lower it to five percent, as fifteen percent is overly burdensome. R127. Deletion request is denied. Q128. Page 133, section 502. After the word default in the third line, please insert (subject to a reasonable cure period). R128. To be answered in a future addendum. Q129. Pages , section 601. Please clarify whether CFCs and Transaction Days should be remitted by March 1 st each year, or within 90 days of the end of the calendar year. Both deadlines are noted in this section. R129. The last line on Page 134 of Article VI, Section 601 is revised as follows: Independent Consultant by not later than March 31 st of each year, the following information: Q130. Page 137, Section 604, Contingent Rent: As we stated in the pre-bid meeting, we really do want this project to happen and thus we support the Airport s efforts to the point of accepting a contingent rent, if that really is what it will take to make this project move forward. However, it is not our preference to have a contingent rent factor at all. Rather, we would support the elimination of the contingent rent in its entirety and rely on an increase in CFC as the sole mechanism to cover the funding/expense of the CONRAC and Service Center facilities. We believe a CFC-funded project, coupled with maintaining the current language in 604 which outlines the process of annual review and anticipation of future Bond Year affordability/deficit by the airport should be sufficient to support this project. R130. Language stands as is. Q131. Page 138, section 605(B). Please allow for written notice of default and a ten (10) day cure period prior to the application of any Security Deposit to a default by Company. R131. In Section 605(B) after the Board and before written notice to the Company replace upon with ten (10) days after. Q132. Page 138, section 605(C). Please allow for a cure period of ten (10) days after the written notice of default. R132. In Section 605(C) after the Board and before written notice to the Company replace upon with ten (10) days after. Q133. Page 139, section 606. Please clarify the address to which payments should be remitted. R133. See Addendum #2 response R69. Q134. Page 139, section 608(b)(i) and (ii). Please insert the following after the first sentence: Company reserves the right to pursue and defend any actions as allowed by the Laws of the State of Louisiana. 28

30 R134. Language stands as is. Q135. Page 140, section 610. Please see Question 22 above, and clarify why the requirements with regard to record keeping are different. We maintain that three years is reasonable for records pursuant to all agreements between the Company and the City. R135. Please refer to Addendum #2 response R64. Q136. Page 140, section 611. Please limit the audit request to books and records pertaining to Gross Revenues and the collection of CFCs. R136. Language stands as is. Q137. Page 142, section 706. We respectfully request deletion of the requirement of landscaping for screening purposes, as that could be quite costly to install and maintain for a bidder whose premises are in public view. We request that fencing is deemed adequate for screening purposes, and that any required landscaping be a responsibility of the City. R137. Language stands as is. Q138. Page 143, section 708. Please clarify the requirement for duplicate copies (number, type, paper, full/executive set, electronic/pdf/cad). R138. The as built plans and specifications shall be provided in one bound Bond full size drawings and one electronic CAD copy of the Plans and PDF of the Specifications. Q139. Page 144, section 901(A). The general liability insurance requirements are extremely high. In order to be comparable to insurance requirements at other airport locations, the limits should be lowered, to more reasonable amounts such as $3,000,000 combined single limit for general liability and with a $3,000,000 aggregate. R139. To be answered in a future addendum. Q140. Page 144, section 901(A). Please clarify how the general liability will apply per rental car company in a shared facility. Does each concessionaire cover a specific plotted area and the City insures the common areas, or does each concessionaire s general liability apply to the entire CONRAC, including the common areas? R140. To be answered in a future addendum. Q141. Page 146, section 901(E). Please clarify when this section will be applicable, as the City is contracting to build the Service Centers and the CONRAC. R141. The language stands as is. Q142. Page 146, section 902. Please confirm that a claims adjuster, whose office is located in Baton Rouge, is acceptable. 29

31 R142. Claims adjuster in New Orleans Metropolitan Area is preferable; one located in Baton Rouge is acceptable if approved by the Board. Q143. Page 147, section 907. We respectfully request that the City provide for mutual indemnification. Will the City please indemnify the Company against the same events that may arise due to the City s actions, and add such provisions to the Facilities and Ground lease? R143. Mutual indemnification is not granted. Q144. Page 149, section 1001(J)(2). Due to fleet financing, we respectfully request that the City include the following provision in the Agreement: The City will not claim or have a lien of any kind, be it contractual of statutory, on or against Company s motor vehicles for nonpayment of any rent or fees due under the Agreement, or for any default of Company for any other reason, and the City hereby waives all such liens available to the City. R144. No; such provision is denied. Q145. Page 150, section 1002(B). Please delete 90 and insert 30 in lieu thereof. R145. Language stands as is. Q146. Page 150, section 1002(C). Please delete 90 and insert 30 in lieu thereof. R146. Language stands as is. Q147. Page 151, section 1003(B). Please delete this section and insert the following in lieu thereof: In the event of any litigation or other dispute resolution proceedings between the Board and Company arising out of or in connection with this Agreement, the prevailing party will be reimbursed for all reasonable costs, including, but not limited to, reasonable accountants fees and attorneys fees, incurred in connection with such proceedings (including, but not limited to, any appellate proceedings) or in connection with the enforcement of any judgment or award rendered in such proceedings. Prevailing party within the meaning of this Section 1003(B) will include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief sought in the action. R147. Language stands as is. Q148. Page 151, section 1003(F). Please delete this section, as it is unreasonable to set the amount of damages to only $1.00. R148. Language stands as is. Q149. Page 152, section 1003(H). Please allow for written notice and a ten (10) day period subsequent to receipt of such notice, during which time Company may remove its Personal Property. 30

32 R149. Language stands as is. Q150. Page 152, section Please add the following: The Board shall however be liable for any such loss or damages due to the actions or negligence of the Board or its employees, agents or representatives. R150. This request is denied. Language stands as is in Article XI, Section 1101 on Page 152 except electric lighting is changed to electric lightning. Q151. Page 155, Article XIII(B)(4): Please correct C(10) to read B(10). R151. C(10) has been corrected to read B(10). Q152. Page 156, Article XIII(B)(4): Please add knowledge of in the third line between after release. R152. Language stands as is. Q153. Page 156, Article XIII(B)(5): Please add modern era clean-up provision: Company shall have no responsibility to undertake the above-referred to clean up beyond the least stringent cleanup standard(s) allowed under Environmental Law, consistent with site use and compatible with current zoning. The Board shall consent to, and cooperate in the imposition of, any institutional control as may reasonably be required to attain such cleanup standard(s) that (i) prohibits the use of groundwater at the site for residential, agricultural, recreational, industrial, or commercial purposes, without express written governmental pre-approval. R153. Language stands as is. Q154. Page 157, Article XIII(B)(9): Please delete or LLC at the end of the thirteenth and beginning of the fourteenth lines. R154. LLC has been replaced by Manager. Q155. Page 158. Article XIII(B)(12): Will the Board provide testing prior to the occupancy of the CONRAC or Company s Service Center in order to establish a baseline of environmental contamination? R155. Yes, the Board will complete Phase I and Phase II Environmental Studies. Q156. Page 159, section Please confirm that the Board s approval of advertising and public displays shall not be unreasonably withheld, conditioned or delayed. R156. Language stands as is. Q157. In reference to NOAB Project # , let me first state that Dollar Thrifty Automotive Group request that this bid be broken into two bids: 31

33 a. A straight Concession bid having no impact upon the projected CONRAC. Upon award, Concessionaires may enter into a MOU or Participation agreement to explore the CONRAC. b. A bid for the CONRAC. The CONRAC project is not fully defined. The CONRAC Project has not been sourced fully in terms of funding or financial exposure to the RAC Industry. It is irresponsible of the Airport and Industry to continue this significant project without full disclosure and understanding of its financial impact. R157. The bid structure stands. Q158. Upon completion of the service centers, will all participating RACs be required to operate immediately from those sites? Dollar and Thrifty currently enjoy off airport service centers. We view our current sites as acceptable until the opening of the CSB and Ready/Return operations. At that time we will wish to operate our on airport service center. R158. See Addendum #2, response R51. Q159. Please confirm that facilities left vacant Before DBO of the Service Centers will be offered in order of bid ranking? R159. There will be no existing vacant service areas before DBO of Service Centers. Q160. Dollar Thrifty believes the goal of 13.62% is excessive when considering the types of expenditures that our up and running locations are able to make. The above mentioned goal is achievable when constructing facilities but not during day to day operations. A typical RAC P/L looks very similar to the following: Fleet $0.52 Wages $0.25 Concessions $0.10 Utilities $0.03 Rent $0.04 As you can see other sourceable items such as Office Supplies, Wash and Vacuum chemicals does not allow us to meet the 13.62%. May we submit our plan at a level below the 13.62% goal? If so, will our ACDBE plan be fairly weighed for compliance within the bid submittal? R160. Bidders are allowed to submit a proposed ACDBE goal that is consistent with its level of desired participation and business model. All responses will be compared to the stated goal of 13.62% and Good Faith Efforts will be evaluated accordingly. However, as noted in the response to Q89, the 13.62% ACDBE goal is based on the purchase of goods and services, excluding wages, rent, utilities and fleet purchases. Where and when possible, the purchase of auto fleet may be used toward the ACDBE goal. Q161. Page 8 Compliance and Reporting, bottom paragraph. The first sentence states that we must meet the contractually obligated levels of participation and it goes on to say 32

34 granting of a waiver from obligated levels. What are the obligated levels? In a good faith effort we make those attempts and purchases as the price, quality and service of the vendor matches our need for their product of service. We have no obligated levels of purchase without the prior 3 criteria being met. Please explain the process wherein we may request a waiver to a level below 13.62% of expenditures? R161. The obligated level of participation is 13.62% of goods and services purchased on an annual basis. To be eligible to be awarded a car rental concession, bidders must make good faith efforts to meet the ACDBE goal of 13.62%. A bidder may do so either by obtaining enough ACDBE/DBE participation to meet the goal or by documenting that it made sufficient good faith efforts to do so. Demonstration of good faith efforts may include, but not limited to, the following: a. Soliciting ACDBE/DBE participation through all reasonable means, including advertising, obtaining quotes, participating in outreach meetings, attending trade fairs, etc. b. Selecting portions of work to be performed by ACDBEs/DBEs in order to increase the likelihood that the goal may be achieved. c. Providing interested ACDBEs/DBEs with adequate information about work requirements in a timely manner to assist them in responding to a solicitation. d. Negotiating in good faith with interested ACDBEs/DBEs. A bidder using good business judgment would consider a number of factors in negotiating with subcontractors and vendors, and would take a firm s price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using ACDBEs/DBEs is not sufficient reason for a bidder s failure to meet the stated goal, as long as such costs are reasonable. Q162. Page 8 Please remove the ACDBE liquidated damages provision. The administrative penalty of $100 per day for late reporting is sufficient. The provision is too punitive and subjective and without an appeal process. We request you reconsider or modify. R162. Language stands as is. Q163. Pages 9 & 13 Please waive the Experience requirement for incumbents. R163. This requirement will not be waived. Q164. Page 13 Please waive the Business Information Statement requirement for incumbents. R164. This requirement will not be deleted. Q165. Page 13 Please waive the Financial Information Statement requirement for incumbents. R165. This requirement will not be waived. Q166. Pages 13 & 38 Please waive the DBE Plan Statement requirement for incumbents. 33

35 R166. The ACDBE Plan Statement requirement will not be waived. Q167. Page 14 Please waive the 2 year Pro Forma requirements. We consider these numbers to be proprietary. In addition, we have submitted a MAG for those years. R167. This requirement will not be waived. Q168. Page 14 Please waive the Management and Operations Plan requirement for incumbents. R168. This requirement will not be waived. Q169. Page 14 Please waive the Other Information requirement for incumbents. R169. The Other Information tab is optional. Q170. Page 15 (post bid) What does the City want the RACs to provide as evidence of compliance or rules, regulations and laws? R170. Please see Addendum #2 response R23 for revised language. Q171. Pages 22 & 33 Please define Reporting Entity. The way the form is worded it is difficult to tell if Reporting Entity is the Corporation or an Agent of the Corporation. What is meant by Relationship? R171. The Bidder will have the contractual relationship with the Airport (will become the Concessionaire ). The Reporting Entity is whatever entity is filling out the form. It could be the Bidder or an owner or affiliate of the Bidder that has been instructed to fill out the form. The Relationship of Reporting Entity to Bidder is the legal relationship. Q172. Please define substantial contracts. Does this mean all agreements with other airports? Please waive this requirement for incumbents. R172. Substantial contracts and contingent liability mean contracts greater than $100,000. This does include all agreements with other airports. This requirement is not waived. Q173. Please waive all the listing requirements for incumbents. R173. See Addendum #2 response R33. Q174. Where are DBE Schedules 1, 2, 3 and 4 found for our required completion? R174. As noted in Addendum #1, ACDBE Schedules 2 and 3 are NOT required for bid submission, but completed and notarized copies must be submitted post bid and prior to award recommendation to NOAB. ACDBE Schedules 1 and 4 can be downloaded from the Airport website, with the Request for Bids. 34

36 Q175. As stated at the pre bid meeting and in writing on 3/6/09 we cannot sign any agreement or bid without having the results of the affordability study and the cost of the conrac project. Furthermore the concession agreement and the conrac agreement need to be bifurcated and not rolled up into one total package. R175. The Affordability Analysis will be provided to RACs on April 16, The RFB with regard to Concession Agreement and CONRAC Agreement stand. Q176. We are also requesting at least 30 days after the date we receive (i) the last addendum issued by the authority (ii) the results of the affordability and (iii) the cost of the entire project to submit our bid. R176. The bid date is April 30, 2009 at 11:00 am CDT. 35

37 ATTACHMENTS 36

38 New Orleans Aviation Board Car Rental Concessions REQUEST FOR BIDS/REQUIRED BID FORMS Terms and Conditions of Bid BY THE SUBMITTAL OF ITS BID HEREWITH, ( Bidder ) AGREES AND WARRANTS: 1. Bidder hereby submits to the New Orleans Aviation Board (the Board ) the Bid enclosed, to manage and operate a Car Rental Concession at the Louis Armstrong New Orleans International Airport ( Airport ) based upon all terms and conditions set forth in the Board s Request for Bids ( RFB ) dated February 27, 2009, as amended by one or more addenda, receipt of which is hereby acknowledged. 2. Bidder further specifically acknowledges and agrees hereby to provide goods and services in the manner set forth in the RFB and its Bid, including without limitation: a) acknowledges that the Board plans to construct the CONRAC and related Service Centers at the Airport; b) agrees, if awarded a Car Rental Concession, to reasonably cooperate with the Board in the planning and construction of the CONRAC and the Service Centers; c) agrees, if awarded a Car Rental Concession, to execute a CONRAC Facilities Lease prior to Date of Beneficial Occupancy ( DBO ) of the Service Centers in a form substantially similar to the Form of CONRAC Facilities Lease attached as Appendix 3 of the RFB); d) acknowledges and agrees, if awarded a Car Rental Concession, that any leasehold, license, permit or other right to occupy any Board-owned facility not within the CONRAC or Service Centers, and to operate a car rental concession within such facility, terminate as of the DBO of the Service Centers or DBO of the CONRAC, as the case may be; and e) agrees, if awarded a Car Rental Concession, to vacate any and all Board-owned facilities not within the CONRAC or Service Centers and to relocate its car rental concession operations to the CONRAC and Service Centers, subject to execution of a CONRAC Facilities Lease. 3. Bidder acknowledges and agrees that this Bid is accompanied by a Bid Bond in the amount of $10,000 in the form of either: 1) a performance bond issued by a surety company authorized to do business in Louisiana with a rating of A or better in the most current edition of the A.M. Best insurance Report; or 2) a deposit of $10,000 with the City in the form of a cashiers check payable to the City of New Orleans (the City ). The City shall not be liable for any interest on such sums on deposit with the City. The Bid Bond will be held by the City securing the obligations bidder agrees to assume under this bid, but will be returned according to the terms herein contained when the Rental Car Concession Agreement has been executed with the successful bidder(s) and performance 42

39 New Orleans Aviation Board Car Rental Concessions REQUEST FOR BIDS/REQUIRED BID FORMS bonds have been delivered to the City or after all bids have been rejected. In the event this Bid is accepted by the Board and Bidder fails to execute the concession agreement within thirty (30) days of the Board s notification award, said Bid Bond shall be forfeited by Bidder and retained by the City. 4. Bidder further specifically agrees hereby that the Bid constitutes a binding offer to the Board and shall remain valid for a period of ninety (90) days after the Bid Due Date (as such term is defined in the RFB). 5. Bidder solely will bear all costs incurred by Bidder in connection with the preparation and submission of this Bid. Under no circumstances shall the Board or the City of New Orleans be responsible for any costs associated with Bidder s bid. 6. Bidder acknowledges that the Board has the right to make any further inquiry that it deems appropriate to substantiate or supplement information supplied by Bidder. Bidder hereby grants the Board permission to make said inquiries and agrees to cooperate with any such inquiry. 7. Bidder acknowledges that Bidder has read and fully understands all the provisions and conditions set forth in the RFB and considers the project feasible. 8. Bidder acknowledges that the Board is obligated to adhere to certain Grant Assurances as a recipient of federal grant funds and adherence to said Grant Assurances will become an obligation of the Bidder if Bidder is awarded this concession. 9. That Bidder has the capability to successfully undertake and complete the responsibilities and obligations of the Bid being submitted including, but not limited to, submission of a performance bond, compliance with the periodic audit requirements, and ability to make all payments when due. 10. That all information contained in the Bid is true and correct to the best of Bidder s knowledge. 11. Bidder avers and swears that it has not and shall not enter into any subcontract for the performance by another of the services it represents herein that it would be performing and providing in fulfilling the socially and economically disadvantaged business participation requirements herein. 12. Bidder warrants that: 1) Bidder has not in any manner directly or indirectly, conspired with any person or party to compete unfairly or compromise the competitive nature of the RFB process; 2) the contents of this Proposal as to rent, terms or conditions have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business, prior to the official opening of this Bid; and 3) engaged in any activities in restraint of trade in connection with this RFB. 13. That Bidder does not have a financial interest in any other bid submitted in response to this RFB except as may be permitted pursuant to the terms of the RFB. 43

40 New Orleans Aviation Board Car Rental Concessions REQUEST FOR BIDS/REQUIRED BID FORMS 14. Bidder further represents and warrants that no member of the Board nor any employee of the Board has received or shall receive any financial benefit, either directly or indirectly, arising out of the contract to be awarded under this RFB. 15. Bidder further represents and warrants that neither Bidder, any of its owners, officer, employees or agents, nor any individual or entity engaged on its behalf, has, subsequent to the issuance of the RFB, discussed the RFB, the Bid or any of the matters herein, verbally or in writing, either directly or indirectly, with any member of the Board or any employee of the Board except as may be allowed under the terms and conditions of the RFB or at the public forum of a meeting open to all prospective bidders, of which proper notice was given. 16. Bidder acknowledges that the Board reserves the right to reject any and all proposals, to withdraw the RFB or to reissue the RFB. 17. Bidder further represents and warrant: 1) that the Bid enclosed is not made in the interest of, or on behalf of, any undisclosed person, partnership, company or association, organization or corporation; 2) that said Bid is genuine and not collusive or sham; 3) that Bidder has not directly or indirectly induced or solicited any other interested part to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any interested party, or anyone else, to put in a sham bid, or that anyone shall refrain from submitting a bid; and 4) that Bidder has not, in any manner directly or indirectly sought by agreement, communication or conference with anyone to fix the price of said Bid or the bid of any other interested party, or to fix any overhead, profit, or cost element of such Bid, or the bid of any other interested party, or to secure any advantage against the City or Board. Signature Pages Follow 44

41 New Orleans Aviation Board Car Rental Concessions REQUEST FOR BIDS/REQUIRED BID FORMS If Bidder is an INDIVIDUAL, sign here: SIGNED: Name Doing Business As Dated: County/Parish of: State of: Subscribed and sworn before me this day of, 20. Notary Public My Commission expires: (SEAL) 45

42 New Orleans Aviation Board Car Rental Concessions REQUEST FOR BIDS/REQUIRED BID FORMS If Bidder is a LLP, PARTNERSHIP or JOINT VENTURE, all partners or joint venturers must sign here: Signed: Partnership or Joint Venture Name By: Partner or Joint Venturer By: Partner or Joint Venturer Dated: County/Parish of: State of: Subscribed and sworn before me this day of, 20. Notary Public My Commission expires: (SEAL) 46

43 New Orleans Aviation Board Car Rental Concessions REQUEST FOR BIDS/REQUIRED BID FORMS If Bidder is a LLC or CORPORATION, the duly authorized officer(s) must sign: A certified copy of the corporate or LLC resolution authorizing the officer below to sign for and bind the corporation must be attached hereto. Entity Name By: Title By: Title Dated: (Affix corporate seal if applicable) County/Parish of: State of: Subscribed and sworn before me this day of, 20. Notary Public My Commission expires: (SEAL) 47

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