PART I, GENERAL REQUIREMENTS AND COVENANTS
ON-AIRPORT CAR RENTAL
SPECIFICATIONS AND
CONCESSION AGREEMENT
FOR THE MONTROSEABILENE REGIONAL AIRPORT
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PART I – GENERAL PROVISIONS
THE MONTROSE COUNTY BOARD OF COUNTY COMMISSIONERS
INVITATION TO BID AND CONTRACT DOCUMENTS
FOR AN ON-AIRPORT CAR RENTAL CONCESSION
AT THE MONTROSE REGIONAL AIRPORT
TABLE OF CONTENTS
TABLE OF CONTENTS………………………………………………………………….….2
PART I – GENERAL PROVISIONS…………………………………………......................2
PART II – BID REQUIREMENTS………………………………………………………….4
PART III - GENERAL DEFINITIONS………………………………………......................7
SECTION I - PURPOSE OF THE INVITATION TO BID………………………..………9
SECTION II – HISTORICAL INFORMATION…………………………………………...9
A. AIRPORT INFORMATION…………………………………………………………...9
B. AIRLINES PROVIDING SCHEDULED SERVICE…………………………………..9
C. STATISTICAL INFORMATION…………………………………….........................10
SECTION III GENERAL INFORMATION……………………………….........................10
A. MINIMUM QUALIFICATION CRITERIA………………………………………….10
B. TERM OF AGREEMENTS…………………………………………………………...11
C. ALLOCATION OF RENTAL COUNTERS TO SUCCESSFUL BIDDERS...………11
D. FACILITIES/DEVELOPMENT REQUIREMENTS…………………………………12
E. CUSTOMER FACILITY CHARGE/RIGHT TO CONSTRUCT NEW FACILITY. . 12
F. CONCESSION AGREEMENT……………………………………………………….13
G. FEES…………………………………………………………………………………...13
1. Privilege Fee/Rent/Ready/Return Lot/Gravel Lot…. …………………………….14
H. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM……………………....15
I. DBE PARTICIPATION GOALS……………………………………………………...15
J. AWARD CRITERIA………………………………………………………………….15
K. BID SECURITY (OR DEPOSIT)……………………………………………………..16
1. Bid Security or Deposit……………………………………………………………….16
L. INSURANCE………………………………………………………………………….17
M. ADDITIONAL INFORMATION……………………………………………………..17
N. CONFIDENTIALITY…………………………………………………………………18
O. DUAL BRANDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
A. SUBMISSION OF BID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
B. DESCRIPTION OF BID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BID REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A. COVER LETTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B. BID CHECKLIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
C. QUALIFICATIONS QUESTIONNAIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
D. BID FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
BID FORM A - BID CHECKLIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
BID FORM B- QUALIFICATIONS QUESTIONAIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION I - GENERAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
SECTION II - BACKGROUND DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
SECTION III - REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
BID FORM C - COLORADO BID BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
BID FORM D - SPECIAL PROVISION NON-COLLUSION AFFIDAVIT . . . . . . . . . . . . . . 33
BID FORM E - ADDENDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
APPENDIX I - TWO AIRLINE SCHEDULES - WINTER AND SUMMER . . . . . . . . . . . . . 35
APPENDIX II - ANNUAL ENPLANEMENT DATA FOR YEARS 1993-MAY 31, 2004 . . . 37
APPENDIX III - MONTHLY ENPLANEMENT DATA FOR YRS. 2000-MAY 31, 2004 . . . 38
APPENDIX IV - MTHLY. REV. REC’D BY ON AIRPORT RENTAL CAR CO’S . . . . . . . . . 39
APPENDIX V - ANNUAL GROSS REVENUE ON AIRPORT . . . . . . . . . . . . . . . . . . . . . . . . 40
APPENDIX VI - READY/RETURN PARKING LOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
APPENDIX VII - OVERFLOW GRAVEL PARKING LOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
APPENDIX VIII -RENTAL CAR COUNTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
APPENDIX IX - PREFERENCE RANKING FOR COUNTER SPACE, READY/RETUN . . . . . 44
AND GRAVEL LOTS
SECTION X - RENTAL CAR CONCESSION AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . 45
APPENDIX XI - PERFORMANCE BOND FORM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART II – bid requirements
COUNTY OF MONTROSE
INVITATION TO BID
MONTROSE REGIONAL AIRPORT
The Montrose County Board of County Commissioners City of Abilene will receive sealed, written bids at the County Administration Building, Board of County Commissioner’s Hearing Room at 161 S. Townsend Avenue, Montrose, Colorado 81401Purchasing Administrator's Office, 555 Walnut Avenue, P.O. Box 60, Abilene, Texas 79604, until 10:00 a.m. August 12, 200411:00 a.m. on Tuesday, August 8, 2000, to four FOUR on-airport car rental concession agreements to do business at the MontroseABILENE Regional Airport.
The Montrose County Board of County Commissioners City of Abilene(referenced herein as “CountyCity”) for the Montrose Regional Airport (referenced herein as “Airport”) is seeking competitive bids for the operation and management of foufourr on-airport car rental concessions within on the first floor of the passenger terminal building at the MontroseAbilene Regional Airport. The terminal building is currently undergoing a comprehensive renovation with an expected completion date of November, 2000.
The Concession Agreements will be awarded for a term of three years. The term of the agreement is estimated to begin on October 1, 2004or before September 1, 2000.
A mandatory Due to time constraints with the renovation for the area of the rental car counters, a pre-bid conference has been tentatively scheduled for Friday, July 28, 2000 Wednesday, July 14, 2004 at 10:0010:00 a.m. in the Montrose County Administration Building Abilene Aero located at 161 S. Townsend Avenue, Montrose, Colorado. Contact the Airport Administration Office or Scott Brownlee, Director of AviationKeith Kaspari,Airport Operations Manager at (970) 249-3203 or 915-668-4763 for directions and/or assistance.
The CountyCity will not accept bids received after bid closing time. The bids will be publicly opened and read aloud in the Board of County Commissioners meeting room at the County Administration Building Council Chambers at City Hall immediately after the closing deadline. All bids shall be enclosed and sealed in opaque envelopes and addressed to:
County of Montrose
Sandy Nelson
161 S. Townsend Avenue
Montrose, CO 81401
Abilene, Texas 79604All bids shall be clearly marked:
BID FOR ON-AIRPORT CAR RENTAL CONCESSION
AT THE MONTROSEE ABILENE REGIONAL AIRPORT
Each bid must conform to the requirements contained in the “Instructions to Bidders” and must include a complete set of all required documents and forms.
All questions and comments concerning these opportunities and the Invitation to Bid document should be directed in writing to Mr. Scott Brownlee Pascual Mirelez, Director of Aviation,Purchasing Administrator Montrose Regional Airport, 2100 Airport Road, Montrose, CO 81401P.O. Box 60, Abilene, Texas 79604; phone number 970-249-3203915-676-6225, or by facsimile at 970-249-2808915-676-6285.
Any questions arising during the advertising period as to the meaning or intent will be answered by an addendum that will be sent via United States Parcel Service. All requests for clarifications to the bid specifications and plans mustshall be received at least fifteen (15) calendar days prior to the date for receipt of bids.
A cashier's check, certified check, or acceptable Bid Bond, payable to the Montrose Regional AirportCity of Abilene, Texas, in the amount of TWO THOUSAND DOLLARS ($2,000.00), without reservation must accompany each bid to guarantee that, if awarded the contract, the Bidder will, within fourteen (14) days after receiving Notice of Award, enter into a contract, provide an acceptable Certificate of Insurance, and execute bonds on the forms provided in the Contract Documents.
The receipt of each addendum shall be acknowledged by the Bidder in the space provided, and each addendum shall be enclosed with the Bid when it is submitted. All addenda shall become a part of the contract documents.
The CountyCity may award the contract to thefour responsible bidders. In reviewing the various Bid Proposals it receives, the County reserves the right to reject, for any reason whatsoever, any and all Bid Proposals; to award four Concessions if the County believes that it is in the County and Airport’s best interest to do so; and to waive any informality or irregularity in a Bid Proposal. Without limiting the foregoing, the County specifically reserves the right to reject a bid with a higher net value to the County, and to award the concession’s operating rights to a bidder whose bid represents a lower net value to the County, if the County believes, in its sole discretion, that so doing would be in the best interest of the County or would assist the County in fulfilling its DBE goals and commitments with the Federal Aviation Administration (FAA).City
The action to award each Agreement is subject to the approval by the County. Abilene City Council The submission of a bid by any Bidder does not in any way commit the CountyCity of Abilene to enter into an agreement with that Bidder, or any other Bidder.
(Signature)
City of Abilene
Date:
PART III – DEFINITIONS
As used herein and in the Rental Car Concession Agreement contained in the Bid Documents:
1. Addenda - written or graphic instruments issued by the County prior to bid, which modify or interpret the bid documents by revisions, additions, deletions, clarifications or corrections thereto. Upon issuance, addenda become a part of the bid documents.
2. Bid Documents - consist of the Invitation to Bid, Instructions to Bidders, Bid Proposal, Rental Car Concession Agreement, and any addenda issued prior to the opening of bids.
3. Bid Proposal - a fully completed and properly executed document, with all required attachments, proposing to operate one of the rental car concessions at the Airport, in accordance with the terms and conditions of the Rental Car Concession Agreement that must be executed by the successful bidders, these Instructions to Bidders, and the other Bid Documents.
4. Concession - shall be the non-exclusive right granted by the County to provide motor vehicle rental services at the Airport.
5. Concessionaire - shall mean the holder of the Concession. The current Concessionaires are MICAR Inc., d/b/a Budget, JFC Automotive Rental Group, LLC d/b/a Dollar, BDD Enterprises, LLC d/b/a National, MICAR, Inc. d/b/a Sears, and JFC Automotive Rental Group, LLC d/b/a Thrifty.
6. Concession Term - shall mean a three (3) year period, commencing October 1, 2004, at 12:00 a.m., and terminating at 12:00 midnight on September 30, 2007, subject to earlier termination pursuant to the terms and conditions of the Concession Agreement.
7. Dual Branding - Dual Branding shall be permitted for companies who wholly own (100% ownership interest) two rental car brands. Dual branding shall only be permitted for those who bid as dual brands. Concessionaire’s who have not bid dual brands will not be allowed to operate such during the term of this agreement.
8. Gross Revenue/Gross Receipts - As used herein, the term "Gross Revenue” or “Gross Receipts” shall mean the total amount actually charged to the customer by Rental Car Concessionaire for or in connection with the use of a vehicle contracted for, delivered, or rented to the customer at the Terminal Building, regardless of where or by whom the payment is made or where the vehicle is returned, including:
1. Any sums received from the customer for acceptance of personal accident or personal effects insurance (or any other insurance now or hereafter offered on Concessionaire’s rental car agreement),
2. Any amounts billed to and paid by customers for waiver by Concessionaire of its rights to recover from customers for damage to the vehicle rented,
3. Any charges for automobiles originally rented from facilities at the terminal building exchanged at any point, and
4. Any charges for optional equipment such as cellular telephones, luggage or ski racks, infant seats, additional drivers, etc.
a. The term "Gross Receipts" shall not include:
1. The amounts of any federal, state, or municipal sales taxes, now or hereafter levied or imposed, separately stated on the rental agreement and collected from customers of Concessionaire,
2. Any sums received by Concessionaire from customers for damage to automobiles or Concessionaire property, or for loss, conversion, or abandonment of such automobiles,
3. Any sums received by reason of Concessionaire disposal of capital assets and/or trade fixtures.
9. Guaranteed Minimum Annual Concession Rental - the guaranteed minimum annual concession rental set forth by the bidder on its Bid Proposal, for each year of the three (3) year concession term. Said guaranteed minimum annual concession rental must be equal or exceed $32,000.00 for the first 52 week period of the concession rental (October 1, 2004 through September 30, 2005), and $35,000.00 for each of the next two (2) years of the concession term. The total guaranteed minimum full term concession rental set forth by the undersigned, below, must equal or exceed $102,000.00.
10. Guaranteed Minimum Full Term Concession Rental - the guaranteed minimum concession rental set forth on the bidder’s Bid Proposal, for the full three (3) year term of the Concession Agreement to be executed by the successful bidders. Said guaranteed minimum full term concession rental must equal or exceed $102,000.00 or the Bid Proposal shall be considered irregular by the County and may be rejected by the County on account of said irregularity.
11. Rental Counters - There are currently six (6) Rental Counter Areas available to choose from at the Montrose Regional Airport. The size of each counter is approximately 10’ x 20’. Rental Counters are numbered 1-6 can be seen as Exhibit VIII. Rental Counters shall be leased to successful bidders pursuant to the terms and conditions set forth below and in those set forth in the Concession Agreement to be executed by successful bidders.
SECTION I
BACKGROUND AND PURPOSE OF THE INVITATION TO BIDThe City is currently renovating the existing passenger terminal building at the Abilene Regional Airport. The newly renovated passenger terminal building incorporates improvements for airline, rental car concessionaires, retail concessionaires, and airport administrative staff to conduct business operations.
It is the goal of the CountyCity to attract, provide for, and maintain efficient rental car concession facilities and services at the Montrose Regional Airport that are of first-class quality. , as well as
While the operating term of the agreement, which will be awarded as a result of this Invitation to Bid, will not commence until the rental car counters and lower level entrance is completed, the City wishes to award the contracts as soon as practical to enable the selected concessionaires to work with the airport’s administrative staff to insure the best utilization of space for the businesses as well as a smooth transition to the newly renovated facilities.
SECTION Ii
historical informationThe City is currently renovating the existing passenger terminal building at the Abilene Regional Airport. The newly renovated passenger terminal building incorporates improvements for airline, rental car concessionaires, retail concessionaires, and airport administrative staff to conduct business operations.
Airport Information
The MontroseAbilene Regional Airport is a commercial service airport operated by the County of Montrose. The Airport is currently served by one (1) airline operating daily, with year-round scheduled service. The airline currently serving the Airport year-round is SkyWest operating as United Express to Denver. Currently ten (10) months of the year Continental/Continental Express airlines provides service to Houston. Winter service currently expands with service to Newark operated by Continental Airlines/Continental Express, service to Dallas and Chicago with American Airlines/American Eagle, and service to Denver by United Airlines. The airlines occupy ticket counters, baggage facilities and offices at the airport for full services to the flying public.
The Airport is located approximately one mile north southeastof downtown MontroseAbilene, situated on approximately 1,1371,700 acres of land and is located within the city limits of the City of MontroseAbilene, Montrose CountyTaylor, ColoradoTexas. The airport’s The Airport has two runways. The primary instrument runway 17/35 is 10,000 ft. in length by 150 ft. wide and the secondary runway 13/31 is 7500 ft. in length by 100 ft. wide. three runways range in length and width from 3,600 feet by 100 feet (Runway 4/22), to an average of 7,200 feet by 150 feet (Runway 17-L / 35-R and Runway 17-R / 35-L).
The newly renovated terminal building includeswill have approximately 28,000 square feet of enclosed space and. The concourse will have multiple aircraft parking positions. The City, Abilene Regional Airport and the Airport Development Board is awaiting word for final funding for an 8,600 square foot terminal expansion to the south. The expansion will provide two secure passenger boarding areas with two aircraft loading bridges, an elevator and stairway to accommodate access for ground level or mezzanine level boarding. De-planing passengers will utilize an escalator to the lower level of the passenger terminal and access the rental car counters, baggage claim areas and conference rooms.
The landside portion of the expanded terminal building will consist of an expanded Departure (queing) Area for airline ticketing operations, as well as the Arrival Area (baggage claim). The Arrival Area consists of passenger baggage claim facilities, rental car agency service desks, hotel/motel/ground transportation courtesy phones (with ADA compatibility) and access to the lower level entrance for access to all methods of ground transportation.
The main lobby consists area will of rental car counters and adjacent baggage claim area, passenger ticketing, screening and waiting areas, vending and cafe, as well as the Airport’s administrative offices, a restaurant, and a gift shop and news stand concession..
Future developments call for a baggage service office and baggage claim device to be located on the lower level and a business center on the upper level of the terminal.
Airlines Providing Scheduled Service
The following scheduled airlines currently serve the Airport.
Sky West operating as United Express
United Airlines (Seasonal)
Continental Airlines/Continental Express (Seasonal)
American Airlines/American Eagle (Seasonal)
A copy of the airline flight winter and summer schedules are shown in Appendix I of this Invitation to Bid.
Continental Express AirlinesC. Statistical Information
Historical annual passenger enplanements and deplanements activity for the years 1993-20031976 – 1999 are attached in Appendix II , Page 91, of this Invitation to Bid. Monthly activity for 2003 is shown in Appendix III of this Invitation to Bid.
Historical rental car revenues for years 2002 and 2003 are attached in Appendix V 92, of this Invitation to Bid. It should be noted that each current operator’s contract with the Airport may have varying terms and varying percentage of gross.*
SECTION III
GENERAL INFORMATION
A. Minimum Qualification Criteria
Bidders are required to demonstrate that they possess the following minimum qualifications in order for bids to be accepted:
1. A minimum of one year experience within the last five years in the operation of a car rental business with gross revenues of at least one hundred thousand dollars ($100,000.00) each year.
2. The demonstrated financial capability to perform the requirements of the contract.
3. The ability and commitment to provide an adequate fleet of rental cars to the Airport Abilene. Bidder agrees to only lease from the Airport motor vehicles which are current year models, or the preceding year’s models, available from the manufacturer involved to keep its motor vehicles serving the Airport in good operating order and repair; to not rent any motor vehicle to any party which is not in good operating order and repair, or which may be hazardous to the person renting the same or to the general public; and to provide a sufficient number and type of motor vehicles as necessary to properly serve the need and demands of all users. Nothing herein shall be interpreted as obligating the County to inspect Concessionaire’s motor vehicles serving the Airport to ensure that said motor vehicles are in good condition and repair, and the County shall not be liable to any third person who suffers personal injury or property damage as a result of a motor vehicle leased by Concessionaire from the Airport that was not in good operating
condition or repair.
4. The ability and commitment to provide a national reservation and credit card system.
B. Term of Agreements
The County will grant a three (3) year contract for four rental car counters along with four agreement’s to the successful bidders. The term of this agreement shall be for the period commencing on October 1, 2004 at 12:00 a.m. and expiring at 12:00 midnight on September 30, 2007.
C. AllOCATION OF RENTAL COUNTERS TO SUCCESSFUL BIDDERS
The County shall lease four of the six rental counters which are presently located at the Airport (as well as any other areas that it may create) to the successful bidders who execute new Concession Agreements with the County. There are presently sixty eight (68) ready/return parking spaces as shown in Appendix VI in the paved area and a gravel parking lot that will be split equally. Each successful bidder shall be allocated an equal number of ready/return parking spaces in the paved lot. The gravel lot will be divided equally as seen Appendix VII- Overflow Gravel Parking Lot.
The new Concessionaires must fully complete and execute the preference form, and return the form to the County, within the same fourteen (14) day period within which they must execute and return their Concession Agreement to the County. The counter space will be awarded to the proposers in rank order, with the proposer offering the highest total minimum guarantee for the three year term of the agreement having first choice, the proposer offering the second highest total minimum guarantee for the three year term having second choice and so on. Each proposer will indicate its preference for counter space by marking its choices on Appendix IX of the specifications and concession agreement for the Montrose Regional Airport. If a new Concessionaire fails to execute and return the preference form within fourteen (14) days after the County forwarded notice to the Concessionaire of the County’s acceptance of its bid proposal, the new Concessionaire shall be deemed to have forfeited its right to choose the terminal building office and counter space it prefers, and the County shall assign to said new Concessionaire the terminal building rental car office and counter area the County deems appropriate, in its sole discretion, after the County has awarded the other office and counter areas being vacated by the present Concessionaires to those new Concessionaires who timely return their executed preference forms within the required period.
If a current Lessee is displaced they must leave the facility in good condition with the exception of reasonable wear and tear, and current Lessee shall have the right, upon termination or expiration (September 30, 2004) to remove all trade fixtures and equipment and other personal property installed or placed by Lessee at its expense, in, on, or about the Terminal Building, the Ready/Return Lot or gravel parking lot, subject, however, that Lessee shall not abandon any of its property on the premises without the written consent of Lessor.
Any and all property not removed by Lessee by September 30, 2004 may, at the option of Lessor, thereupon become a part of the Terminal Building in which it is located, and title thereto shall thereupon vest in Lessor. Lessor shall have the right to require that Lessee pay to Lessor all reasonable costs of disposal of the aforesaid property. Any and all Lessor’s property damaged by, or as the result of, the removal of Lessee’s property shall be restored by Lessee, at its own expense, to the condition existing prior to such damage.
d. Facilities/Development Requirements
It is the desire of the County City to create a first-class concession program at the Airport. The selected Concessionaires shall be allocated and provided with counter and office space within the Terminal Building at the Airport, as depicted in Appendix VIII.
All cost of equipment installation and decorating of the counter and office space shall be the responsibility of the successful bidder. The successful bidders will be required to provide quality back wall signage and finishes to the designated counter locations in order to maintain the Airport’sCity's standards and to insure attractive and efficient facilities which complement the overall terminal design. Any and all In addition, successful bidders will be required to provide one sign to fit an Airport-provided back-lit sign frame. successful new bidders will be required to submit to the Director of Aviation theManager a copy of the drawings for Bidder’s proposed sign and improvements, for approval, which approval shall not be unreasonably withheld.
E. CUSTOMER FACILITY CHARGE / RIGHT TO CONSTRUCT NEW FACILITIES
Montrose County may plan or implement a development program at the Airport during the term of this Agreement. Montrose County reserves the right to pursue the planning, financing and construction of new car rental facilities of any nature as Montrose County may determine to accommodate Montrose County’s business needs, and Montrose County may take any action that it deems desirable in connection therewith. Without limitation, Montrose County may at any time require Concessionaire to commence collection of a Customer Facility Charge in a manner and amount to be determined by Montrose County, whether before or after commencing construction. Montrose County also reserves the right to terminate this Agreement prior to the term hereof in order to commence construction, and in such a case, Montrose County shall issue a new solicitation to all car rental Concessionaires.
Concession Agreement
1. A copy of the Concession Agreement (hereinafter referred to as “Agreement”) is included with this package as Appendix X. The successful Bidders will be required to execute the Agreement in substantially the same form as it is currently written with the exception that elements of the Bidder’s bid as finally approved by the CountyBoard and the City Council will be included in the final executed contract.
2. All sections of the Specifications and all supplementary documents are essential parts of the Agreement and requirements occurring in one are as though occurring in all. These Specifications and documents in their entirety are included in, and made a part of, the Agreement.
Fees
The successful bidders shall pay the following space and facilities charges:
The undersigned must fill in below, in the blank spaces provided, the minimum concession rentals it hereby guarantees it will pay to the County, during each period of the three (3) year concession term. In order for the undersigned’s bid proposal to not be deemed irregular by the County, and subject to rejection by the County on account of said irregularity, the guaranteed minimum concession rental set forth by the undersigned, below, must equal or exceed $32,000 (i.e. October 1, 2004 – September 30, 2005); and at least $35,000 for each of the next two years of the concession term. Finally, the total guaranteed minimum full term concession rental set forth by the undersigned, below, must equal or exceed $102,000.00 or the undersigned’s bid proposal shall be deemed irregular, and subject to rejection by the County on account of said irregularity.
No adjustments or credits will be refunded at the end of each month. The minimum guarantee is a monthly obligation, and compensation will not be annualized at the end of each year to result in a credit for any month.
Abatement of Minimum Annual Guarantee - If the number of commercial passengers deplaning at the Montrose Regional Airport is less than seventy percent (70%) of the number of deplaning commercial passengers for the same period in the preceding year the Minimum Annual Guarantee shall abate. For purposes of this subparagraph the term of the contract commences October 1, 2004 and ends September 30, 2007.
GUARANTEED MINIMUM CONCESSION RENTALS
First Period (October 1, 2004 – September 30, 2005) $
Second Period (October 1, 2005 – September 30, 2006) $
Third Period (October 1, 2006 – September 30, 2007) $
Guaranteed Minimum Full Term Concession Rental $
1. Additional Rent. The Concessionaire shall pay the County a concession privilege fee equal to ten percent (10%) of Concessionaire’s gross receipts, or the minimum annual guarantee, as described in the Concession Agreement, whichever is the greater.
2. Base Rent. Bidders are required to bid a minimum annual guarantee for the Concession Privilege Fee for each year of the three years of the concession agreement.(MAG) rent for the first year of operation After the first year of operation, the minimum annual guaranteed rent will be the greater of 85% of the previous year's actual rent payments or the first full year minimum annual guaranteed rent, whichever is higher. The minimum acceptable guarantee for any year during the agreement is THIRTY TWO THOUSAND DOLLARS ($32,000) for the first period of the concession and at least THIRTY FIVE THOUSAND ($35,000) for each of the next two (2) years of the concession. The total guaranteed minimum full term concession rental must equal or exceed ONE HUNDRED TWO THOUSAND ($102,000.00).
3. Space Rental.
A. Space rent for the use of the counter and associated office space (200 sq. ft.) in the terminal building, will be $15.27 per square foot per annum for the term of the concession agreement. All payments to be made in advance and without demand on the first day of each month of this concession agreement.
4. Ready-Return Lot.
Space rent for the use of the ready return lot as depicted in Appendix VI will be $12.00 per space per month. Included with this fee is the use of the gravel storage lot for no additional charge. Concessionaires are responsible for signage, painting, snow removal between vehicles, and towing of any vehicles that do not belong in their assigned area. The County will remove snow in the driving lanes. This area is secondary priority and will be completed after the streets and sidewalks in front of the Airport Terminal are completed. All payments to be made in advance and without demand on the first day of each month of this concession agreement.
5. Overflow Gravel Lot.
The gravel lot as depicted on Appendix VII has been divided into four (4) equal sections. It is the responsibility of the Concessionaire to assure the spaces are utilized properly including signage, painting if applicable, towing of any unauthorized vehicles and all snow removal. The County will not provide any snow removal in the gravel lot. All vehicles in the overflow parking lot must remain operational at all times.
in accordance with the City’s schedule of rates and charges. (Currently $12.00 per space per month), or as may be adjusted by the City Council.
Disadvantaged Business Enterprise Program
It is the policy of the County that Disadvantaged Business Enterprises (DBE's) shall have the maximum opportunity to share in the benefits from airport concession leasing opportunities. Furthermore, in accordance with Federal Regulations under 49 C.F.R. Part 23, it is the County’s obligation to ensure that DBE firms have the opportunity to compete for leases without discrimination on the basis of race, color, national origin, or sex.
DBE Participation Goals
In accordance with Regulations of the U.S. Department of Transportation, 49 C.F.R. Part 23, Subpart F, the CountyCity has implemented a Disadvantaged Business Enterprise (DBE) Plan. Disadvantage Business Enterprise shall have the same meaning as defined in 49 CFR Part 26.
Credit toward DBE participation will not be counted unless the DBE is certified by a County recognized public agency that utilizes a DBE certification process. Examples of such are: Colorado Department of Transportation, or the Federal Government. A DBE goal has not been set for the car rental concession agreement, however DBE participation is encouraged.
Award Criteria
To be considered responsive and responsible, the Bidder must meet all requirements set forth in this Invitation to Bid document. To be awarded an Agreement with the County to Operate a Car Rental business at the Montrose Abilene Regional Airport, a bidder must be responsive, must be willing to execute the agreement in the same form as it is presented in this document, and must be one of at least four bidders offering the highest minimum annual guaranteed rents.
The facilities will be allocated to qualified bidders based on the total of the minimum annual guarantees bid over the three (3) year contract. In the event of equal bids, DBE participation will determine ranking. Should DBE participation be equal, ranking will be designated by the County City using a public random selection process.
The concession spaces will be awarded to the qualified bidders making the best bids as determined by the County, but the County reserves the right to reject any or all bids. The County may employ such analysis techniques and professional consultants as it deems necessary to make such judgments. In addition, the County reserves the right to thoroughly investigate the financial status, experience and record of the bidder. The County may request the submission of additional information to assist in the evaluations of a bid and the bidder is expected to cooperate fully with such a request.
Bid Security (or Deposit)
6. Bid Security or Deposit. A cashier’s check, certified check, or acceptable Bid Bond, payable to Montrose Countythe City of Abilene, Texas, in the amount of TWO THOUSAND DOLLARS ($2,000.00), must accompany each bid to guarantee that, if awarded the contract, the Bidder, will, within fourteen (14) days after receiving a Notice of Award, enter into a contract, provide an acceptable Certificate of Insurance, and execute bonds on the forms provided in the Contract Documents. No bid will be considered unless accompanied by such certified or cashiers check or bid bond in a form acceptable to the County.
Guarantees may be held by the CountyCity for a period of up to ninety (approximately 90) days, during which the County City will review all bids. Such guarantees will be returned to all bidders as soon as possible if all bids for the same Concession are rejected, or as soon as possible after the successful bidders for the same Concession have been selected and approved by the County. City Council for the City
If the successful bidder fails or refuses to perform as described above, they may be subject to forfeiture of their Bid Bond or certified or cashiers check for non-performance and the County may award the Concession Agreement to the next best responsive and responsible bidder as determined by the County. Should the successful bidder fail or refuse to enter into the Concession Agreement after award to such bidder of the Agreement, the certified or cashiers check so submitted and the proceeds thereof shall become the property of the County, not as a penalty, but as liquidated damages. Such payment shall not preclude recovery by the County of any amount over and above said sum to which the County sustains damage by reason of such failure or refusal.
Insurance
A Certificate of Insurance listing the following coverage’s must be provided upon signing of the concession agreement:
Comprehensive General $1,000,000 combined single limit
(Public) Liability for bodily injury and property damage
(other than automobile)
Automobile Bodily Injury $1,000,000 per individual
Automobile Property $1,000,000 per occurrence
Damage Liability
Workers Comprehensive As required by the State of Colorado
Liability
If the policy is a Garage Liability policy, a copy of the section indicating coverage for general liability needs to be included with the bid.
Without limiting its liability, Concessionaire agrees to carry and keep in force policy naming Montrose County, Montrose Regional Airport as additional insured on the certificate. Proof of Workers Compensation must also be provided.
Additional Information
1. Prospective bidders must submit a written request for any interpretation of the bid specifications. No interpretation of the meaning of the bid documents, contract documents or any other related documents will be made orally to any bidder. The County will not be responsible for any oral instructions given with regard to the completion and submission of any bid.
2. A bidder may withdraw its bid prior to the time set for receipt of bids, provided its request is in writing and is received by Sandy Nelson, County Administrator, 161 S. Townsend Avenue, Montrose, CO 81401, before the date and time set for the opening of bids. After this date and time, no bidder may withdraw its bid except with the consent of the County.
3. Corrections to errors made by the bidder in the bid will not be accepted after submission of the bid.
4. Bidders shall satisfy themselves by personal investigation, and by any such other means as may be necessary as to the conditions affecting the proposed rental car concession and agreement. Any statistical data or traffic projections contained herein are for informational purposes only. The County will not be held responsible for inaccuracies. It is anticipated that each bidder will develop their own projections relating to this bid. No information derived from any maps, drawings, specifications, or from the Director of Aviation, Montrose County staff shall relieve the bidder from any risk, or from fulfilling all terms and responsibilities of the rental car concession agreement.
5. The County reserves the right to reject any or all bids.
6. The County reserves the right to waive any irregularities.
7. The County reserves the right to investigate thoroughly the financial status, experience and record of each bidder.
Confidentiality
All documents submitted in connection with the bid become the property of the County upon opening. All documents received in connection with this bid will remain confidential, and will not be released or distributed in any form until such time that an Award of Agreement is made by the County. At that time, all documents, will be subject to examination and release in accordance with Colorado Public Record laws.
O. DUAL BRANDING
Dual Branding shall be permitted under this Request for Proposals at the Montrose Regional Airport for proposers who wholly own (100% ownership interest) two rental car brands. Any proposer wishing to dual-brand must provide evidence of ownership. Those wishing to dual brand will be required to bid for and work from a single counter and will utilize a single ready and return area. Dual Branding shall only be permitted for those who bid dual brands under this proposal. Proposers who have not bid dual brands hereunder will not be allowed to operate as such during the term of any agreement awarded pursuant to this process. If a proposer bids dual brands its Minimum Privilege Fee and Gross Receipts/Gross Revenues as identified in the sample agreement shall include the combined figures for both brands.
INSTRUCTIONS TO BIDDERS
Bids submitted in response to this Invitation for Bids must meet all requirements outlined in this section and must be received at the address indicated by the date and time specified in order to be accepted by the County.
Submission of Bid
Written bids will be received until 10:00 a.m. August 5, 2004. Bids must be hand delivered or received, and not merely post-marked, by that time to Montrose County, Attention: Sandy Nelson, 161 S. Townsend Avenue, Montrose, Colorado 81401.
Description of Bid
1. Bidders must submit one original and two copies of each bid. The original must be marked "original" on its front page or cover, and must contain the original signatures and, if bidder is a corporation, the appropriate corporate seal.
2. Each bidder will assume the responsibility for making sure all required documents are complete and submitted with the bid.
3. No bid by telephone or telefax or modifications to a bid by said means will be considered.
BID REQUIREMENTS
Responses to information requested in this section must be complete and submitted in the order requested. Each response must be clearly marked to identify the question to which the response addresses.
Cover letter
Each bidder must submit a cover letter identifying the bidder and the specific concession represented by the enclosed bid. The bid must be identified as follows:
BID FOR AN ON-AIRPORT CAR RENTAL CONCESSION
AT THE MONTROSE REGIONAL AIRPORT
Bid Checklist
Each bidder must submit a completed "Bid Checklist" on the form provided in the "Bid Forms" Section of this document.
Qualifications Questionnaire
Each bid must be accompanied by a completed "Qualifications Questionnaire", including required attachments, concerning both the bidder's experience as well as the bidder's financial status. All information must be complete, accurate and in the form requested. The Qualifications Questionnaire may be found in the "Bid Form B” Section starting on page 22 of this document.
Bid Form
Each bidder must submit a completed and properly executed "Bid Form", including all required attachments. The Bid Form may be found in the "Bid Forms" Section of this document.
BID FORM A - BID CHECKLIST
Please submit the following checklist with the Bid. Bidder has included the following required forms/written documents:
* Bid for On-Airport Car Rental Concession Agreement (sig. page)
Cover Letter
* Bid Checklist
* Bid Form – Bid Form A
* Qualifications Questionnaire – Bid Form B
* Colorado Bid Bond – Bid Form C
* Affidavit of Non-Collusion – Bid Form D
* Acknowledgement of Receipt of Addenda – Bid Form E
* Appendix IX – Preference Ranking for Counter, Return/Ready Lot and
Gravel Lot
Additional Addendums(s) Must be included in Package
Bidders must submit one original and two copies of each bid. The original must be marked "original" on its front page or cover, and must contain the original signatures and, if bidder is a corporation, the appropriate corporate seal.
(*) Form Provided
Bid Check List
Bid Form A
BID FORM b - QUALIFICATIONS QUESTIONNAIRE
All information requested in this Questionnaire MUST be furnished by the Bidder and MUST be submitted with the bid. Statements must be complete, accurate and in the form requested. Omission, inaccuracy or misstatement may be cause for rejection of the bid. Additional sheets may be attached hereto as necessary.
SECTION I -GENERAL INFORMATION
1. Bidder is submitting this Qualifications Questionnaire for the Following Concession:
2. Legal name of applicant exactly as it would appear on the Concession Agreement if selected:
3. Address and phone numbers of applicant for purposes of notice or other communication relative to the bid:
Fax Number: ____________________________________________________________
Contact Person: ____________________________________________________________
A. Applicant intends to operate the proposed business as: (check one)
( ) Sole Proprietor ( ) Partnership
( ) Corporation ( ) Limited Liability Company
( ) Other (explain below)
________________________________________________________________________________________________________________________________________________
Qualifications Questionnaire
Bid Form B
Complete one of the five (5) sections below: either A, B, C, D or E, depending upon the organization of the applicant firm.
A. SOLE PROPRIETORSHIP STATEMENT - If a Sole Proprietorship, please furnish the following:
1. Name in Full:________________________________________________________
2. Mailing Address: ____________________________________________________________
____________________________________________________________
3. Business Address: ____________________________________________________________
____________________________________________________________
B. PARTNERSHIP STATEMENT - If a Partnership, please furnish the following:
1. Date of Organization:__________________________________________
2. Type of Partnership: (check one)
( ) General Partnership ( ) Limited Partnership
3. Has the Statement of Partnership been recorded?
( ) Yes ( ) No
If yes: Date: Book:
Page County:
4. Attach and mark as "Exhibit S-1" a complete copy of the Statement of Partnership and the Partnership Agreement.
5. For each partner, attach and mark as "Exhibit S-2" the following information:
a. Name
b. Business Address
c. Percentage of ownership
d. Indicate if the partner is a general or a limited partner
Qualifications Questionnaire
Bid Form B
C. CORPORATION STATEMENT - If a Corporation, please furnish the following:
1. Date of Incorporation: ________________________________________________
2. State Incorporated: ________________________________________________
3. Is the corporation authorized to do business in Colorado?
( ) Yes ( ) No
4. The corporation is: ( ) Public ( ) Private
5. If publicly held, how and where is the stock traded?
______________________________________________________________
6. List the following:
Authorized Issued Outstanding
a. Number of voting shares: ________ _______ ________
b. Number of nonvoting shares: ________ _______ ________
c. Number of shareholders: ________ _______ ________
Par Book Market
d. Value per share of ________ _______ ________
of common stock
7. For each officer, director, and principal shareholder (any shareholder owning more than ten percent (10%) of any class of stock), attach and mark as "Exhibit C-1" the following information:
a. Name _____________________________________________________
b. Title ______________________________________________________
c. Business Address___________________________________________
d. Number of voting shares______________________________________
e. Number of non-voting shares___________________________________
D. LIMITED LIABILITY COMPANY - If a Limited Liability Company, please furnish the following:
1. Date of Organization: 2. State of Organization
Qualifications Questionnaire
Bid Form B
3. Is the Limited Liability Company authorized to do business in Colorado?
( ) Yes ( ) No
4. Principal place of business
____________________________________________________
5. For each manager or member attach and mark as "Exhibit C-1" the following information:
a. Name _____________________________________________________
b. Title ______________________________________________________
c. Business Address___________________________________________
d. Ownership share _________________________________________
E. JOINT VENTURE STATEMENT - If a Joint Venture, please furnish the following:
1. Date of Organization: _______________________________
2. Has the Venture done business before?
( ) Yes ( ) No
If yes, attach and mark as "Exhibit JV-1” a description of the nature of the joint venture's prior business.
3. Attach and mark as "Exhibit JV-2" a complete copy of the Joint Venture Agreement.
4. For each joint venture partner, attach and mark as "Exhibit JV-3" the following information:
a. Name
b. Business Address
c. Percentage of ownership
Qualifications Questionnaire
Bid Form B
SECTION II - BACKGROUND DATA
1. Experience Statement
Describe in detail how the bidder meets the minimum qualification criteria established in the Request for Bids. The following information must be included:
a. Number of years the bidder has operated a car rental concession
b. Gross revenues* for the past five years if the company has operated for at least five years, or gross revenues for the amount of time the company has operated if less than five years. If bidder has owned another company within the last five years and is using that experience to meet the minimum qualification criteria, please provide gross revenues for that business.
Description of the bidders operations, including:
1. Number and type of operation
2. Location of five (5) current airport operations, including names, addresses and phone numbers of landlords.
3. Organizational Chart for the firm.
4. Give name, location and date of any of bidders Concession Agreements or leases that have been terminated within the past five years, either voluntarily or involuntarily, prior to the expiration of their term and also list any judgments
terminating, or any pending lawsuits for the termination of, any concession(s) or operating agreement(s) operated by bidder within the past five years.
2. Surety Information
Has the applicant firm or principals of the firm ever had a bond or surety canceled or forfeited?
( ) Yes ( ) No
If yes, attach and mark as "Exhibit A", a statement naming the bonding company, date, amount of bond, and reason for such cancellation or forfeiture.
Qualifications Questionnaire
Bid Form B
3. Unfair Business Practices and/or Bankruptcy
a. Attach as "Exhibit B" a description of all charges of unfair or deceptive or anti-competitive business practices, or of fraud, criminal conduct or civil or criminal antitrust violation, brought against bidders, any partner or principal owner of bidder, any relevant affiliated bidder, or any director of or officer employed by bidder. If none, attach a statement declaring that there have been no such charges.
b. Attach as "Exhibit C" a description of any contracts that have been terminated in whole or in part prior to their normal expiration. If none, attach a statement declaring that no contracts have been cancelled prior to their normal expiration.
c. Attach as "Exhibit D" a description of any judgment or filing of bankruptcy or any other insolvency statute or any appointment of a receiver, trustee or liquidator of all or substantially all of bidder's assets or any other partner or principal owner of bidder. If none, attach a statement declaring so.
4. Planned Operations
Please provide information regarding plans for the car rental concession at Montrose Regional Airport, if successful:
a. State the number of cars that will be available for use at Montrose Regional Airport during various periods of the year.
b. State the number of rental cars owned by your company and currently registered in the County of Montrose.
c. Describe your nationwide reservation system.
d. Describe any participation in national/local advertising programs.
e. State the names of your credit card affiliations.
Qualifications Questionnaire
Bid Form B
SECTION III - REFERENCES
List four (4) persons or firms with whom bidder has conducted financial transactions related to your business operations during the past three years. At least two (2) of the references named are to have knowledge of bidder’s debt payment history and at least one (1) should be an entity with whom the bidder has a lease for an existing operation if any such reference exists.
Reference #1
Name: ____________________________________________________________
Title: ____________________________________________________________
Firm: ____________________________________________________________
Address: ____________________________________________________________
Telephone: ____________________________________________________________
Nature and magnitude of purchase, sale, loan, business association, etc.:
____________________________________________________________________________________
Reference #2
Name: ____________________________________________________________
Title: ____________________________________________________________
Firm: ____________________________________________________________
Address: ____________________________________________________________
Telephone: ____________________________________________________________
Nature and magnitude of purchase, sale, loan, business association, etc:
______________________________________________________________________________________________________________________________________________
Qualifications Questionnaire
Bid Form B
Reference #3
Name: ____________________________________________________________
Title: ____________________________________________________________
Firm: ____________________________________________________________
Address: ____________________________________________________________
Telephone: ____________________________________________________________
Nature and magnitude of purchase, sale, loan, business association, etc.:
____________________________________________________________________________________
Reference #4
Name: ____________________________________________________________
Title: ____________________________________________________________
Firm: ____________________________________________________________
Address: ____________________________________________________________
Telephone: ____________________________________________________________
Nature and magnitude of purchase, sale, loan, business association, etc.:
____________________________________________________________________________________
Qualifications Questionnaire
Bid Form B
The foregoing information has been submitted to the Montrose County Board of County
Commissioners for the purpose of proposing an On-Airport Car Rental Concession Agreement at the Montrose Regional Airport. The undersigned hereby attests to the truth and accuracy of all statements, answers and representations made in this Questionnaire, including all supplementary statements attached hereto. The undersigned hereby authorizes Montrose County or the Montrose
Regional Airport or its agents, to contact any appropriate third parties to verify the accuracy of the
information provided herein. The undersigned affirms that he/she is a duly authorized
representative of the proposing entity.
Date: ____________________ ______________________________
(Name of Proponent)
By: ______________________________
(Principal/Owner)
Qualifications Questionnaire
Bid Form B
Bid Form C - Colorado Bid Bond
KNOW ALL MEN BY THESE PRESENTS:
That the “Bidder”, ____________, a Limited Liability Corporation Corporation , individual ___, Partnership , of the State of , qualified to do business in this State, as Principal, and the “Surety”, corporation of the State of , authorized to do business as a surety in this State, as Surety, are hereby held and firmly bound unto the County of Montrose, as Obligees, in the sum of TWO THOUSAND DOLLARS ($2,000), lawful money of the United States of America, for the payment of which Bidder and the Surety hereby bind ourselves, our respective heirs, successors, legal representatives and assigns, jointly, and severally, firmly by these presents.
WHEREAS, Bidder has submitted to the County, its Proposal to which this Bond is attached, to enter into the Contract with the County for the ____________________________________________, covered by the Contract Documents prepared for the County, which Contract Documents are incorporated herein by this reference:
NOW, THEREFORE: THE CONDITION OF THIS OBLIGATION IS THAT, Bidder and Surety are jointly and severally bound by all of the provisions of this ONE, and if Bidder faithfully performs and fulfills all the understandings, covenants, terms, conditions and requirements of the Bid Documents (including ADDENDA issued before the date of the opening of the Proposal) within the time specified or any extension thereof, with or without Notice to the Surety, or if Bidder fails to comply with all requirements of the Bid Documents within the time specified or any extension thereof, with or without Notice to the Surety, but pays the County the full amount of the sum set forth in this Bid Bond as liquidated damages, then this obligation shall be null and void, otherwise to remain in full force and effect.
A. If the County makes demand on the Surety to perform in accordance with the Surety’s obligations under this Bond, then the full amount of the Bid Bond shall be immediately due and payable to the County, and the Surety shall pay that sum without delay. Additionally, the Surety shall reimburse the County for all costs of collection (including but not limited to attorney’s fees).
B. The Surety, for value received, stipulates and agrees that the obligations of the Surety and this Bid Bond shall be in no way impaired or affected by any extension of the time within which the County may accept the Proposal, and the Surety does, by this Bid Bond, waive Notice of any such extension.
C. The term this “State” means the State of Colorado. Other defined terms (i.e., capitalized terms) used in this Bid Bond have the intent and meanings assigned to them in the General Conditions of the Contract Documents, Definitions.
Bid Form C
IMPORTANT: Sureties executing this Bid Bond shall be currently authorized to do business in this State as surety and, except as otherwise provided by the Colorado Statutes, be on the U.S. Department of the Treasury Financial Management Service list of approved bonding companies. Bonds can not be in excess of the amount indicated as approved by that list.
___________________________________________________________
(Name of Surety)
___________________________________________________________
(Address)
___________________________________________________________
(Telephone Number)
___________________________________________________________
(Name of Duly Authorized Colorado Agent)
___________________________________________________________
(Address)
___________________________________________________________
(Telephone Number)
Signed and sealed this _______ day of _________________, 2004.
Bid Form C
BID FORM D - SPECIAL PROVISION NON-COLLUSION AFFIDAVIT
Each Bidder submitting a Bid on this project shall complete the Non-Collusion Affidavit and submit it with the Bid.
STATE OF COLORADO
COUNTY OF ________________________
I, ____________________________________ representing_______________________
upon oath depose and state that neither (I/we) nor anyone in (my/our) employment has employed any person to solicit or procure this contract nor will (I/we) nor they make any payment or agreement for payment of any compensation in connection with the procurement of this contract.
I further depose and state that no part of the contract price received by the affiant was paid or will be paid to any person, corporation, firm, association, or other organization for soliciting the contract, other than the payment of their normal compensation to persons regularly employed by the affiant whose services in connection with the construction of the public building or project were in the regular course of their duties for the affiant.
I further depose and state that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought, by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, and that all statements in said proposal or bid are true.
____________________________________________
*Signature
* (Bidder if the bidder is an individual; all partners if the bidder is a partnership; officer if the bidder is a corporation.)
STATE OF COLORADO
COUNTY OF ________________
Sworn to and subscribed before me this ________day of _________________, 2004, by
________________________________________
________________________________________
Notary Public Commission Expires: ____________________________
Personally Known ________or Produced Identification ___________________________
Bid Form D
Bid Form E - ADDENDA
Bidder hereby acknowledges that it has received the Addenda noted below and agrees that all Addenda issued are hereby made part of the Contract Documents. Bidder further agrees that its Proposal is submitted after consideration of all Addenda.
(Bidder shall insert below the number and date of each Addenda received)
_____________________________
Bidder’s Signature
___________________________________
Date
Bid Form E
APPENDICES
aPPENDIX I – AIRLINE SCHEDULEs
|Schedules are subject to change. | | | | | | | |
|WINTER/SKI SEASON |
|AIRLINE SCHEDULE |
|1/7/04 - 4/4/04 |
| |
|MONDAY THROUGH FRIDAY | | | | | | | |
|AIRLINE |
|Schedules are | | | | |
|subject to | | | | |
|change. | | | | |
| | |Montrose Regional Airport | | |
| | | | | |
|Year | |Year Total |Year Total | |
| | |Enplanements |Deplanements | |
| | | | | |
|1993 | |36,935 |38,220 | |
|1994 | |36,857 |37,747 | |
|1995 | |43,598 |43,389 | |
|1996 | |46,444 |44,870 | |
|1997 | |59,608 |58,523 | |
|1998 | |69,954 |67,955 | |
|1999 | |73,419 |72,667 | |
|2000 | |66,726 |65,460 | |
|2001 | |70,457 |71,864 | |
|2002 | |70,839 |69,207 | |
|2003 | |68,492 |68,329 | |
|2004 |May 31 |39,126 |36,120 | |
| | | | | |
| | | | | |
APPENDIX III – MONTHLY ENPLANEMENT DATA
for years 2000 – may 31, 2004
Source: Montrose County Finance Department
| |
|Enplanements |
| | | |
| | | | | | |
| | |
| | | | |
| | |2002 |2003 |
| | | | |
|Budget/Sears |* | | |
| | | | |
| | | | |
|Dollar | | | |
| | | | |
| | | | |
|National | | | |
| | | | |
| | | | |
|Thrifty |* | | |
| | | | |
|Total all Companies | | | |
|On Airport | |$2,047,386.46 |$2,026,276.93 |
| | | | |
| |
| |
| | | | |
APPENDIX VI – READY/RETURN PARKING LOT
17 SPACES PER COMPANY
AREAS 1-4 (68 Spaces)
N
APPENDIX VII – OVERFLOW GRAVEL PARKING LOT
Areas 5-8
• • Dots = Posts
25’
• 25’ •
• •
Driveway Entrance
N
*Not to scale
Appendix VIII
Rental Car Counters 1-6
[pic] All Rental Car Counters are approximately (10’ x 20’)
APPENDIX IX
Preference Ranking for Counter, Return/Ready Lot and Gravel Lot
Preference for Rental Car Concession Location
Indicate preference for ticket counter and back office location by ranking each location with 1 as the first choice, 2 as the second choice, and so forth until all locations are ranked. Rental Car Counters depicted as Exhibit VIII.
Counter #1
Counter #2
Counter #3
Counter #4
Counter #5
Counter #6
Preference for Ready/Return Parking Lot (17 Spaces)
Indicate preference for areas within the Ready/Return parking Lot by ranking each location with 1 as the first choice, 2 as the second choice, and so forth until all locations are ranked. Areas depicted as Exhibit VI.
Area #1
Area #2
Area #3
Area #4
Preference for Overflow Gravel Parking Lot
Indicate preference for areas within the Overflow Gravel Parking Lot by ranking each location with 1 as the first choice, 2 as the second choice, and so forth until all locations are ranked. Areas depicted as Exhibit VII.
Area #5
Area #6
Area #7
Area #8
APPENDIX X
MONTROSE REGIONAL AIRPORT, ON AIRPORT RENTAL
CAR CONCESSION AGREEMENT
COUNTER NUMBER
THIS CONCESSION AGREEMENT is made effective the day of , 2004, by and between MONTROSE COUNTY (“Lessor”) and, (“Lessee”) and provides as follows:
WHEREAS Lessor is the operator of the Montrose Regional Airport (“Airport”) and has the power to grant rights and privileges with respect thereto; and
WHEREAS Lessee is desirous of leasing said counter and space for purposes of operating and managing a rental car business;
NOW THEREFORE, Lessor and Lessee, in consideration of the mutual covenants and obligations herein expressed, agree as follows:
1. TERM OF LEASE
The term of this Lease shall commence at 12:00 a.m. on October 1, 2004 and expiring at 12:00 midnight on September 30, 2007 subject however to the earlier termination of this Lease as may be provided for herein.
2. PREMISES
The real property subject to this Lease (“Premises”) is described on Exhibit A which is attached hereto and incorporated herein by reference.
3. CUSTOMER FACILITY CHARGE/RIGHT TO CONSTRUCT NEW FACILITIES
Montrose County may plan or implement a development program at the Airport during the term of this Agreement. Montrose County reserves the right to pursue the planning, financing and construction of new car rental facilities of any nature as Montrose County may determine to accommodate Montrose County’s business needs, and Montrose County may take any action that it deems desirable in connection therewith. Without limitation, Montrose County may at any time require concessionaire to commence collection of a Customer Facility Charge in a manner and amount to be determined by Montrose County, whether before or after commencing construction. Montrose County also reserves the right to terminate this Agreement prior to the term hereof in order to commence construction, and in such a case, Montrose County shall issue a new solicitation to all car rental concessionaires.
4. RENT
During the term hereof, Concessionaire shall pay the following space and facilities charges:
A. Space Rental.
Space rent for the use of the counter and associated office space (200 sq. ft.) in the terminal building, will be $15.27 per square foot per annum for the term of the concession agreement. All payments to be made in advance and without demand, on the first day of each month of this concession agreement.
B. Ready-Return Lot.
Space rent for the use of the ready return lot as depicted in Appendix VI will be $12.00 per space per month. Included with this fee is the use of the gravel storage lot at no additional charge. Concessionaires are responsible for signage, painting, snow removal between vehicles, and towing of any vehicles that do not belong in their assigned area. The County will remove snow in the driving lanes. All payments to be made in advance and without demand, on the first day of each month of this concession agreement.
C. Overflow Gravel Lot.
The gravel lot as depicted on Appendix VII has been divided into four (4) equal sections to be utilized by rental car concessionaires and their employees. All vehicles in the overflow parking lot must remain operational at all times. It is the responsibility of the Concessionaire to assure the spaces are utilized properly including signage, painting if applicable, towing of any unauthorized vehicles and all snow removal. The County will not provide any snow removal in this lot.
D. Concessionaire shall pay the Airport, as rent for operating its rental car concession from the Airport, the guaranteed minimum concession rental set forth on Concessionaire’s Bid Proposal, a copy of which is attached hereto as Exhibit B, for each of the concession terms set forth on the bid proposal, or ten (10%) of Concessionaire’s gross revenue for each such period of the concession, whichever amount is greater.
E. Annual Minimum - Concessionaires are required to bid a minimum annual guarantee for the Concession Privilege Fee for each year of the three years of the concession agreement.(MAG) rent for the first year of operation After the first year of operation, the minimum annual guaranteed rent will be the greater of 85% of the previous year's actual rent payments or the first full year minimum annual guaranteed rent, whichever is higher. The minimum acceptable guarantee for the first year of the agreement is THIRTY TWO THOUSAND DOLLARS ($32,000) and at least THIRTY FIVE THOUSAND ($35,000) for each of the next two (2) years of the concession agreement. The total guaranteed minimum full term concession rental must equal or exceed ONE HUNDRED TWO THOUSAND ($102,000.00).
If the number of commercial passengers deplaning at the Montrose Regional Airport is less than seventy percent (70%) of the number of deplaning commercial passengers for the same period in the preceding year the Minimum Annual Guarantee shall abate. For purposes of this subparagraph the term of the contract commences October 1, 2004 and ends September 30, 2007.
F. Concessionaire shall pay its guaranteed minimum concession rental for each period set forth in its bid proposal in equal monthly installments pro-rated over each such period, with equal monthly installments due, in advance, on or before the 20th day of each month.
G. By the 20th of every month Concessionaire shall pay the Airport the difference between its guaranteed minimum concession rental set forth on its bid proposal for the concession period then ending, and ten percent (10%) of its gross revenues for said concession period, if said percentage rental is greater than the guaranteed minimum concession rental for said period. Simultaneously with its payment of percentage rental, Concessionaire shall furnish the Airport with a statement of the amount of gross revenue it enjoyed for the period then ending based upon items listed under section 5 below.
No adjustments or credits will be refunded at the end of each month. The minimum guarantee is a monthly obligation, and compensation will not be annualized at the end of each year to result in a credit for any month.
H. Gross Revenue/Gross Receipts. As used herein, the term "Gross Revenue” or “Gross Receipts” shall mean the total amount actually charged to the customer by Rental Car Concessionaire for or in connection with the use of a vehicle contracted for, delivered, or rented to the customer at the Terminal Building, regardless of where or by whom the payment is made or where the vehicle is returned, including:
1. Any sums received from the customer for acceptance of personal accident or personal effects insurance (or any other insurance now or hereafter offered on Concessionaire’s rental car agreement),
2. Any amounts billed to and paid by customers for waiver by Concessionaire of its rights to recover from customers for damage to the vehicle rented,
3. Any charges for automobiles originally rented from facilities at the terminal building exchanged at any point, and
4. Any charges for optional equipment such as cellular telephones, luggage or ski racks, infant seats, fuel, additional drivers, etc.
a. The term "Gross Receipts" shall not include:
1. The amounts of any federal, state, or municipal sales taxes, now or hereafter levied or imposed, separately stated on the rental agreement and collected from customers of Concessionaire,
2. Any sums received by Concessionaire from customers for damage to automobiles or Concessionaire property, or for loss, conversion, or abandonment of such automobiles,
3. Any sums received by reason of Concessionaire disposal of capital assets and/or trade fixtures.
5. ABATEMENT OF MIMIMUM ANNUAL GUARANTEE (MAG)
If the number of commercial passengers deplaning at the Montrose Regional Airport is less than seventy percent (70%) of the number of deplaning commercial passengers for the same period in the preceding year the Minimum Annual Guarantee shall abate. For purposes of this subparagraph the term of the contract commences October 1, 2004 and ends September 30, 2007.
6. BOOKS AND RECORDS
A. Lessee shall maintain a true and accurate set of books and records which, show all sales made and services performed for cash, credit or otherwise. The Lessee agrees they will by the 20th day of each month or sooner submit a statement showing the Lessee’s gross revenues or gross receipts for the preceding month along with such payment. Said statement to be in form approved or required by the Airport Manager and County Finance Director and signed and certified to be complete and accurate by an employee of Lessee authorized to make such a certification.
B. All books and records of Lessor must be made available to Lessor in Montrose County.
C. For the purpose of determining the accuracy of reported gross revenue, Lessor may audit all or any part of Lessee’s books for the preceding three years. The cost of the audit shall be borne by the Lessor unless the audit reflects a discrepancy of more than five percent (5%) in the reported annual gross receipts. In such event Lessee shall be responsible for the total cost of the audit and the payment to Lessor of any unpaid lease payments in accordance with Section 4 above.
D. Lessor may audit all or any part of Lessee’s books for the preceding three years; provided, however, the audit shall under no circumstance pertain to Lessee’s books for any period predating the effective date of this Concession Agreement.
E. Concessionaires who have been granted the right to dual brand shall make gross receipts/Gross revenue information available to County for each brand.
F. If a Concessionaire has been granted the right to operate as a dual brand, its minimum guarantee fee and gross receipts/gross revenue shall include the combined minimum guarantee and gross receipts/gross revenue for its brands.
7. HOURS OF OPERATION
Lessee shall operate its business 365 days per year from 8:00 a.m. until 9:30 p.m. or after the last flight of the day. Hours per week may vary as air passenger demand dictates, with an annual average of 40 per week of operation minimum.
8. INDEMNIFICATION
Lessee covenants and agrees to indemnify, defend, save and hold harmless Lessor, its officials, employees, attorneys, and insurers from any and all liabilities, losses, costs, charges, penalties, obligations, expenses, attorneys fees, litigations, judgments, damages, claims and demands of any kind whatsoever (collectively “Claims”) in connection with, arising out of, or by any reason related to Lessee’s business or its actions pursuant to this Lease.
Lessee agrees to defend against any Claims, or at the option of Lessor, Lessee agrees to pay Lessor or reimburse Lessor for the actual costs incurred by Lessor in connection with any such Claims. The obligation of this Section shall not extend to any injury, loss or damage caused by the act, omission, negligence, or other fault of Lessor, its officials, employees, attorneys, or insurers.
9. INSURANCE
Lessee agrees to procure and maintain, at its own cost, a policy or policies of insurance as listed below. The policy shall be provided to Lessor, to be completed by the Lessee’s insurance agent, as evidence that policies providing the required coverage’s, conditions, and minimum limits are in full force and effect. The certificate shall be reviewed and approved by Lessor prior to the occupation of the Premises. The certificate shall identify this Lease and shall provide that the coverage’s afforded under the policies shall not be cancelled, terminated or materially changed without 30 (thirty) day prior written notice to Lessor.
A Certificate of Insurance covering the following items naming Montrose County as additional insured must be provided upon signing of the concession agreement:
Comprehensive General $1,000,000 combined single limit
(Public) Liability for bodily injury and property damage
(other than automobile)
Automobile Bodily Injury $1,000,000 per individual
Automobile Property $1,000,000 per occurrence
Damage Liability
Workers Comprehensive As required by the State of Colorado
Liability (proof of coverage must be provided)
If the policy is a Garage Liability policy, a copy of section indicating coverage for general liability needs to be included with the Concession Agreement.
Such insurance shall be in addition to any other insurance requirements imposed by this Lease or by law, Lessee shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to paragraph 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amount, duration or type.
The Comprehensive General (Public) liability policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), independent contractors and premises operations. The policy shall also contain a severability of interest provision, and be endorsed to include Lessor as an additional insured.
With respect to an act, omission, negligence, or other fault of Lessee, every policy required above shall be primary insurance and insurance carried by the Airport, Lessor or its officials and employees, shall be excess and not contributory insurance to that provided by Lessee. No additional insured endorsement to any policy shall contain any exclusion for bodily injury or property damage arising from completed operations. Lessee shall be solely responsible for any deductible losses under any policy.
Lessee shall procure and maintain the minimum insurance coverage’s listed above. Lessee shall require any subcontractor of Lessee to procure and maintain the general liability coverage’s described herein. With specific regard to Worker’s Compensation coverage, subcontractors of Lessee must comply with the statutory requirements of the State of Colorado. All insurance coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Lessee pursuant to this Lease and proof of such insurance must be provided to the Airport.
Failure on the part of Lessee to procure or maintain policies providing the required coverage’s, conditions, and minimum limits shall constitute a material breach of this Lease. At its discretion, Lessor may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Lessor shall be repaid by Lessee to Lessor upon demand. Lessor reserves the right to request and receive a certified copy of any policy and any endorsement thereto.
The parties hereto understand and agree that Lessor is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et. seq., as from time to time amended, or otherwise available to Lessor, its officials, or its employees. The insurance amounts required herein shall not limit the liability of Lessee under this Lease.
1. PERSONNEL
Lessee shall have the discretion, subject to the provisions of this Lease, to employ and terminate personnel assisting Lessee under this Lease, provided that Lessee shall always maintain an adequate number of employees to fulfill the obligations herein. Personnel must demonstrate professional and courteous conduct at all times while on the Airport.
Lessee agrees to pay all wages, all applicable Federal and State Withholding taxes, Social Security payments (FICA) Unemployment and Worker’s Compensation for all of its employees. Any breach of these provisions shall be deemed a material breach of this Lease. Notwithstanding anything herein to the contrary, Lessee, its employees, and its subcontractors shall be independent contractors of Lessor and not employees of Lessor.
11. ALTERATIONS TO IMPROVEMENTS
Lessor shall provide the counter, including finish work associated with said counter, for the Premises. The counter shall resemble existing ground transportation counters at the Airport. Lessee shall be responsible for all other necessary alteration to the Premises, including but not limited to, floor coverings, base and finish, painting, fixtures and equipment, décor and signage. Lessee agrees to make no permanent alterations in the Premises without the prior written consent of Lessor. All such improvements shall become the property of Lessor upon termination of this Lease in accordance with paragraph 13 below.
12. DUTIES OF LESSOR
Lessor agrees to, in addition to other duties as specifically set forth herein, and perform the following:
A. Operate and maintain the Airport in a prudent manner and in accordance with the rules, regulations and orders of any Federal or State agency having jurisdiction with respect thereto.
B. Provide utilities in the form of electricity, gas and water necessary and sufficient for Lessee to perform its obligations under hereunder.
C. Provide seventeen (17) parking spaces in the paved rental car parking lot on the north side of the Airport Terminal. The spaces chosen are in Area # . Lessor provides maintenance of the paved parking area, and snow removal in the driving lanes. This area is secondary priority and will be completed after the streets and sidewalks in front of the Airport Terminal are completed.
D. Provide one-forth (1/4th ) of the overflow gravel parking lot to accommodate rental cars, which parking spaces shall consist of a gravel surface, and which parking spaces Lessee shall maintain at its sole expense. The spaces chosen are in Area # .
E. Provide separate employee parking if needed and provide maintenance and snow removal in the driving lanes upon said parking area. If Lessee’s employees opt to park in the Airport provided employee lot an Airport parking permit must be purchased by Lessee or their employee at the current County approved rates and charges.
F. Provide all janitorial and maintenance service to the terminal public area.
13. DUTIES OF THE LESSEE: Lessee agrees to, in addition to other duties as specifically set forth herein, perform the following:
A. Acquire necessary permits and licenses associated with the lawful operation of its business upon the Premises.
B. Comply with all Airport Minimum Standards and Regulations, all City and County regulations and ordinances, all State and Federal regulations and laws, and all applicable sales and use tax requirements, effective at the time of this Lease and throughout the Primary and Renewal Terms hereunder.
C. Maintain and provide, as requested by Lessor, accurate records of its gross sales together with all tax returns of Lessee relative to Lessee’s gross sales. All car rental fees shall be attributed to the Premises, unless written documentation sufficient to demonstrate otherwise is provided. Lessee’s records shall be open to review by Lessor or Lessor’s authorized agent for three (3) years after the end of the termination or expiration of this Lease for purposes of determining accuracy of the financial information. Lessor or its authorized agent shall have the right to inspect, examine and audit Lessee’s records, books and accounts, including the right to retain an independent certified public accountant of Lessor’s choosing and at Lessor’s expense to do so. If such audit reveals a deficiency in payment to Lessor greater than 5% (five percent), Lessee shall, in addition to payment of the deficiency, be liable for all costs associated with the audit.
D. In the Ready/Return Paved Lot, Concessionaires are responsible for signage, markings, painting, snow removal between vehicles, and towing of any vehicles that do not belong in their assigned area. The County will provide snow removal in the driving lanes. This area is secondary priority and will be completed after the streets and sidewalks in front of the Airport Terminal are completed.
E. In the overflow gravel lot, it is the responsibility of the Concessionaire to assure the spaces are utilized properly including signage, markings, towing of any unauthorized vehicles and all snow removal. All vehicles in the overflow gravel lot must remain operational at all times.
14. TERMINATION/NOTICE: Either party may terminate this Lease for cause for the uncured violation of any of the obligations herein. Notice of any violation must be written and hand delivered or delivered by certified mail. Failure to terminate shall not be construed as any waiver of right to terminate or waiver of any other legal remedies available. Termination of this Lease shall require a sixty- (60) day prior written notice in all circumstances.
All other notices as required by this Lease must be made in writing within sixty (60) days in advance to the other party hereof, unless otherwise specified.
If this Lease is terminated, Lessee must leave the facility in good condition with the exception of reasonable wear and tear, and Lessee shall have the right, upon termination or expiration to remove all trade fixtures and equipment and other personal property installed or placed by Lessee at its expense, in, on, or about the Terminal Building, the Ready/Return Lot or gravel parking lot, subject, however that Lessee shall not abandon any of its property on the premises without the written consent of Lessor.
15. SURRENDER AND HOLDING OVER
Lessee covenants and warrants that at the expiration, termination or cancellation of the Lease, Lessee will quit and surrender said Premises in a good state and condition, reasonable wear and tear excepted.
Lessee covenants and warrants that all improvements, other than the personal property of the Lessee, installed, erected, attached, or placed by Lessee in, on or about said Premises under the terms of this Lease shall remain on said Premises as the property of Lessor. Lessor shall have the right on such expiration, termination or cancellation to enter upon and take possession of said Premises, with or without process of law, without liability for trespass.
Should Lessee hold over or continue to occupy the Premises after the expiration, termination or cancellation of this Lease, such holding over shall be deemed a tenancy at-will upon the same conditions as provided in this Lease with the exception of the rental payments. Monthly minimum rent payments shall be due by the 20th day of the month for the preceding month.
If Lessee remains in possession of the leased premises after the expiration of the Agreement with the permission of County and without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement, but shall create only a tenancy from month to month that may be terminated at any time by Lessee or County upon (30) days written notice to the other party. Such holding over shall otherwise be upon the same terms and conditions as set forth in this agreement.
16. ASSIGNABILITY
This Lease is assignable by Lessee only upon the prior written consent of Lessor. This Lease is assignable by Lessor.
17. RIGHT OF INSPECTION
Lessor reserves and retains for its officials, employees and representatives the right to enter the Premises during reasonable business hours after giving prior verbal notice, if reasonably feasible, and at such other times as may be necessary in the event of an emergency with or without notice for the purpose of inspecting and protecting the Premises.
18. MISCELLANEOUS
The bid specifications for the airport car rental concessions, as amended by any addenda, are hereby incorporated by reference into this Lease, and this Lease and such bid specifications shall constitute the entire written agreement between Lessor and Lessee and shall supercede any and all preceding agreements, either written or oral between the parties. However, in the event that any of the terms, covenants or provisions of the Lease shall conflict with any of the terms, covenants or provisions of the said bid specifications, then the Lease shall control and shall be the governing document. Any alterations, amendments or supplements hereto, which would change the substance, intent, obligations and duties of either party as stated in this Lease or the said bid specifications, must be in writing and approved by both parties.
19. NOTICES
All notices or other written correspondence desired or required to be sent pursuant to this Lease shall be sent to the respective parties as follows:
If to Lessor: Director of Aviation
Montrose Regional Airport
2100 Airport Road
Montrose, Colorado 81401
If to Lessee:
20. ATTORNEYS FEES
In the event action is required by either party hereto to enforce this Lease, and in taking such action, such party incurs attorneys fees, the unsuccessful party to such enforcement action shall pay the successful party, in addition to all other amounts then due and owing, the successful party’s reasonable attorneys fees.
21. FAVORED NATIONS
County agrees it will not charge a more favorable rental, fee or charge to any other rental car concession executing a similar agreement with County for comparable space, facilities or rights at the Terminal Building than that being paid by Concessionaire hereunder, unless the County also makes those more favorable terms available to Concessionaire. The provisions of this section do not apply to the Minimum Annual Guarantee.
22. PERFORMANCE BOND
Successful proposers shall maintain in effect at all times during the term of the Concession Agreement, a valid corporate performance bond, or such other acceptable surety in Montrose County’s sole discretion in the amount equal to one-half (1/2) of the first year Minimum Annual Guarantee (MAG).
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above mentioned at Montrose, Colorado.
COUNTY OF MONTROSE, LESSEE: (insert name)
STATE OF COLORADO
By __________________________ By____________________________
David A. Ubell, Chairman,
Board of County Commissioners
ATTEST: County Clerk and Recorder ATTEST:
Deputy Clerk to the Board
By___________________________ By ____________________________
Francine Tipton-Long
Exhibit XI
MONTROSE COUNTY
PERFORMANCE BOND
____________________________________, as Principal, (the "Lessee"), and _______________________________________________, as Surety ("Surety"), with general offices in ____________________________, a corporation organized under the laws of the State of ___________________ and authorized to transact business in the State of Colorado, are hereby bound unto the County of Montrose, Colorado, as obligee, (the "County"), in the penal sum of in United States currency for the payment of which sum the Lessee and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.
WHEREAS, the Lessee has entered into a written “On Airport Concession Agreement” with the County dated _________________, 2004 ("Agreement"), a copy of which is attached hereto and made a part hereof;
Therefore, the condition of the above obligation is that if the above principal shall perform all the things set forth in that agreement specified to be performed by the principal at the time and in the manner specified in that agreement, and shall reimburse to the County, all loss and damage the County may sustain by reason of failure or default on the part of the principal, then this obligation shall be void; otherwise, to be and remain in full force.
THE UNDERSIGNED SURETY for the value received hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Agreement or work to be performed thereunder shall in any way affect its obligation on this bond and the Surety does hereby waive notice of any such extension of time, change, addition, or modifications.
EXECUTED on this _______ day of ________________________, 2004.
LESSEE –
________________________________
(S E A L)
BY______________________________
Attest:__________________________
SURETY COMPANY
BY_______________________________
Attorney-In-Fact
Montrose Regional Airport
On-Airport car Rental Specifications and Concession Agreement
Addenda #1
Dated: July 21, 2004
Airport Changes
A. Change - Bids will be accepted until 10:00 a.m. on August 12, 2004. The location will remain the same.
B. Page 18, Number O, Dual Branding - The first sentence in the paragraph is corrected to say, Dual Branding shall be permitted under this Request for Proposals at the Montrose Regional Airport.
C. Page 45, Appendix X, Number 1, Term of Lease - The section is replaced by the following - The term of this Lease shall commence at 12:00 a.m. October 1, 2004 and expiring at 12:00 midnight on September 30, 2007 subject however to the earlier termination of this Lease as may be provided herein.
D. Appendix X, page 50, section entitled Termination/Notice the following has been added as paragraph three. If this Lease is terminated, Lessee must leave the facility in good condition with the exception of reasonable wear and tear, and Lessee shall have the right, upon termination or expiration to remove all trade fixtures and equipment and other personal property installed or placed by Lessee at its expense, in, on, or about the Terminal Building, the Ready/Return Lot or gravel parking lot, subject, however that Lessee shall not abandon any of its property on the premises without the written consent of Lessor.
E. Attachment I is a list of attendees at the mandatory pre-bid meeting.
F. Questions and answers are acceptable via email.
G. Inserted in Appendix X, as the last section entitled: Favored Nations - County agrees it will not charge a more favorable rental, fee or charge to any other rental car concession executing a similar agreement with County for comparable space, facilities or rights at the Terminal Building than that being paid by Concessionaire hereunder, unless the County also makes those more favorable terms available to Concessionaire. The provisions of this section do not apply to the Minimum Annual Guarantee.
H. The following will be inserted on page 14, Section III, subsection G entitled Fees and in Appendix X inserted as new Section #5: Abatement of Minimum Annual Guarantee - If the number of commercial passengers deplaning at the Montrose Regional Airport is less than seventy percent (70%) of the number of deplaning commercial passengers for the same period in the preceding year the Minimum Annual Guarantee shall abate. For purposes of this subparagraph the term of the contract commences October 1, 2004 and ends September 30, 2007.
The following answers are questions submitted by Hertz in writing dated July 9, 2004.
1. Question - Please verify that an immediate opening ceremony will follow the 10am bid deadline on August 5th? (page 4, 1st paragraph)
Answer - The bids will be publicly opened and read aloud in the Board of County Commissioners meeting room at the County Administration Building immediately after the closing deadline (page 4, fourth paragraph).
2. Question - Please clarify the actual date of the deadline for questions regarding the bid specifications and plans. It seems likely around July 20th? (page 5, 3rd paragraph)
Answer - It is planned that any addendum received in writing in the Airport Administration Office by July 21, 2004 at 5:00 p.m. will by answered by July 28, 2004 at 5:00 p.m.
3. Question - Please clarify that the final addendum will be issued at least 10 days prior to the bid deadline or by close of business on July 26th. Senior management at corporate headquarters must sign the bid and all addenda must be listed on the bid form. Therefore, we cannot respond to last minute addendums. (page 5, 5th paragraph)
Answer - It is planned that any addendum received in writing in the Airport Administration Office by July 21, 2004 at 5:00 p.m. will by answered by July 28, 2004 at 5:00 p.m.
4. Question - Please clarify that the airport will award a maximum of 4 contracts. (page 5, last paragraph)
Answer - The County will grant a three (3) year contract for four rental car counters along with four agreement’s to the successful bidders.
4c. Question - Please clarify that no additional operators will be added during the term of the agreement.
Answer - No additional operators will be added during the term of the agreement. We reserve the right to replace any operator whose agreement is terminated voluntarily or involuntarily.
4d. Question - Please advise whether there is currently an off airport agreement and provide a copy of such agreement, including key terms such as the concession fee percentage, term, and other operating or financial requirements
Answer - Off airport rental car agreements are regulated by Montrose County Ground Transportation Rules and Regulations, Resolution Number 35-2002 signed on September 3, 3002. The current fees are $500.00 per year permit fee and 15% of all yearly gross income, payable on a monthly basis. Montrose County reserves the right to modify that resolution and any required associated agreement. The Airport is currently contemplating changes in the Ground Transportation Rules and Regulations, and any associated agreements. A copy of the latest Off-Airport Agreement (Curb Permit Agreement) is attached as Attachment III.
5. Question - Is the bidder expected to sign the signature block of the Invitation to Bid on page 6? Are pages 5 and 6 to be submitted with the bid?
Answer - Yes, page 6 must be returned with signature. This is part of the bid checklist on page 21.
The bid checklist on page 21, first line is corrected to read Bid for On-Airport Car Rental Concession Agreement (page 6).
6. Question - Dual Branding - Please require each company to pledge an individual MAG and earn the right to be a concessionaire. Allowing 2 companies to submit a combined bid under different rules than the other companies is unfair to the rest of the bidders that must pledge the Minimum Annual Guarantee ($32,000- 35,000) listed in the document. If 2 companies wish to share counters and parking stalls after the bid, at least these 2 competitors have each qualified to be on the airport. (page 7, #7)
Answer - See page 18, number O, entitled Dual Branding.
7. Question - Gross Revenues -Please clarify that all discounts, including national, local, and corporate discounts are excluded from Gross Revenues. Operators should not have to pay concession fees on revenues they do not retain. (page 7, #8)
Answer - See page 7, Part III - Definitions, number 8 entitled Gross Revenue/Gross Receipts. Amounts not charged to customer are not part of gross revenue/gross receipts.
8. Question - Gross Revenue - Please clarify that the concession fee applies to revenues derived from only deplaning passengers at the airport. (page 7, #8)
Answer - See page 7, definition number 8.
9. Question - Gross Revenues - Please clarify that any concession pass-through is concessionable. (page 7, #8)
Answer - We are unable to answer this question unless it is clarified.
10. Question - Please explain how a company may obtain more than one counter location (if there are 6 rental car counters and 4 operators, it seems that some companies may be able to secure more than one adjacent counter (in accordance with the percentage of MAG to the total MAGs)? Typically, operators are able to select from a variety of counter sizes so that the larger companies will operate from a larger counter (and better be able to serve a larger number of customers) than the smaller companies. (page 8, # 11)
Answer - The County will grant a three (3) year contract for four rental car counters along with four agreement’s to the successful bidders. All counter spaces are 10’ X 20’.
10a. Question - Does any incumbent currently occupy more than one counter location?
Answer - J.F.C. Automotive Rental Group, LLC operates Thrifty and Dollar and TransNorth Rentals, LLC operates Budget from two counters.
10b & c. Question/Comment - Page 12, Section III.C., last paragraph: refers to the area occupied by San Miguel Mountain Ventures, LLC d/b/a Telluride Express. If that company is displaced, the incoming Concessionaire will be responsible for paying the moving costs of that company.
What are the details as to that non-car rental concessionaire (presumably) being displaced, etc.? Will the move costs be limited to a 'reasonableness standard'?
Answer – Section III entitled Allocation of Rental Counters to Successful Bidders, subsection C, paragraph 6, has been deleted in its entirety.
10d. Question- Why is this company located within the Rental Car Counter area?
Answer - There are only six counters available for car rental concessionaires, ground transportation companies or any other business the County deems appropriate to fill the space.
10e. Question - Are there any issues regarding the timing of its potential move?
Answer - All leases have expired and the County will make its best efforts to ensure that all counter spaces are made available for the take over date of October 1, 2004.
10f. Question - What are the terms, including the duration, of this company's agreement with the airport?
Answer - All rental car and ground transportation companies operating inside the Airport Terminal have expired agreements.
11. Question - Please clarify that counter and parking selections will be awarded in MAG order, from highest to lowest. (page 11, Section III.B. & C.)
Answer - Page 11, Section III, B, entitled Term of Agreements, has been replaced in its entirety by the following: The County will grant a three (3) year contract for four rental car counters along with four agreement’s to the successful bidders. The term of this agreement shall be for the period commencing on October 1, 2004 at 12:00 a.m. and expiring at 12:00 midnight on September 30, 2007. Page 11, Section III, C entitled Allocation of Rental Counters to Successful Bidders changes as follows: delete entire 2nd paragraph and the 1st sentence in the 3rd paragraph. Page 11, Section III, C, paragraph 3, 3rd sentence will be deleted and the following language inserted: The counter space will be awarded to the proposers in rank order, with the proposer offering the highest total minimum guarantee for the three year term of the agreement having first choice, the proposer offering the second highest total minimum guarantee for the three year term having second choice and so on. Each proposer will indicate its preference for counter space by marking its choices on Appendix IX of the specifications and concession agreement for the Montrose Regional Airport.
12. Question/Comment - Please modify the allocation of ready/return parking stalls to the Industry standard allocation of MAG or market share order split.
Answer - The language in all the applicable sections will remain the same.
13. Question - I noticed the provisions that enable the County to impose a CFC and constructing new facilities. Are there any master plans or schedules for this event? (page 13, Section III.E.)
Answer - Not at this time.
13a. Question - If this event happens during the three year term, this contract will be terminated and rebid. Why would these contracts be terminated to commence construction? Wouldn't a new agreement be needed only when construction is almost finished?
Answer - The County desires to maintain maximum flexibility to facilitate any construction or financing of new rental car facilities.
13b. Question - Please clarify that any revenues derived from a fee on rental car customers would be used solely on projects that would improve the operations and facilities used in rental car operations.
Answer - A new car rental customer facility charge if charged will be used only for the planning, financing, or construction of new car rental facilities.
14. Question - The document contains contradictory statements about the responsibility for
snow removal. Is it the airport's responsibility? Or the companies? (page 15, Section III.G.4. and pages 45,49, and 50 of the concession agreement and Lessor/Lessee Duties)
Answer - Refer to page 15, Section III, G4 and G5. Additional information is available in Appendix X, pages 49 and 50, sections 11 and 12. Further clarification has been made throughout the document in the ready/return and gravel parking lots to reflect the following: Snow removal between vehicles in the ready/return lot is the responsibility of Lessee. The County will remove snow in the driving lanes of the ready/return lot and will not provide any snow removal in the gravel lot.
15. Question - Please modify Section III, O on page 18 to allow for dual branding only after each company earns its right to be on the airport via a competitive bid and demonstration of technical qualifications. Please also add that a dual branded company will maintain 2 independent MAGs and clarify that the $32,000-$35,000 MAG will be required for each company/brand, whatever you want to call it.
Answer - No change.
16. Question - Please delete the requirement to provide residence addresses for corporate officers and directors. The business addresses should be sufficient information. (page 24, Bid Form, Section I.7.c.)
Answer – “Residence address” has replaced by Business address”.
17. Question - Please limit the locations of current operations to 5 or 10 airport locations only. (page 26, Bid Form, Section II.2. We literally have operations in airports, hotels, shopping centers, etc. around the world. We have operations at more than 225 airports alone. It would take an enormous amount of time to prepare a comprehensive list and the benefit of such a list would be lost in the bulk of information provided.
Answer - Agreed. Page 26, Section II Financial and Background Data, paragraph 2, subsection two, is corrected to read: Location of five (5) current airport operations, including names, addresses and phone numbers of landlords.
18. Question - Please limit the requests for unfair business practices, etc. to the past 3 years. (page 27, Bid Form, Section II.4.a.)
Answer - No change.
19. Question - Please limit the description of terminated contracts to the last 3 years at airport locations only. (page 27, Bid Form, Section II.4.b.)
Answer - No change.
20. Question - Please delete the question about how many cars are currently registered in the County of Montrose. This information is irrelevant to the technical qualifications of prospective bidders and could be used to discriminate against new entrants. Other sections of the documents and State Law clearly indicates that vehicles must be registered in the County. (page 27, Bid Form, Section II.5.b.)
Answer - No change in the document, but this information will not be used to determine the successful bidder.
21. Question - Can all 4 references be airport directors for locations of current operations? (pages 28 and 29) If not, please clarify what is meant by debt payment history? If so, this seems to be duplicate information to what is provided in Section II.2. of the Bid Form.
Answer - Yes as long as they meet the rest of the qualifications.
22. Question - Please add an abatement clause that would eliminate the MAG obligations if a significant decline in passengers (say 25%) from the previous year.
Answer - The following will be inserted on page 14, Section III, subsection G entitled Fees and in Appendix X inserted as a new Section #5: Abatement of Minimum Annual Guarantee: If the number of commercial passengers deplaning at the Montrose Regional Airport is less than seventy percent (70%) of the number of deplaning commercial passengers for the same period in the preceding year the Minimum Annual Guarantee shall abate. For purposes of this subparagraph the term of the contract commences October 1, 2004 and ends September 30, 2007.
23. Question - Please elaborate on the enplanement trends for the airport. (pages 37 and 38, Appendixes II and III).
Answer - See Appendixes II and III.
23a. Question - Passenger traffic fell in 2002 and 2003 - what was the cause?
Answer - It is unknown what the actual cause was however in September 2003 the Airport lost America West service to Phoenix. Continental summer jet service to Houston did not operate in 2002, but did operate in 2003. Winter 2001/2002 there was daily American Airlines service to Chicago that only operated on Saturdays in 2002/2003.
23b.Question - The monthly data for 2004 seem encouraging - what is driving the rebound?
Answer - It is unknown what the actual cause is however for the 2003/2004 ski season the number of jet seats increased by approximately 21% over the previous ski season and the 2004/2005 jet seats will increase approximately 14%. Los Angeles daily non-stop service and a second flight on peak Saturdays from Newark has been added by Continental Airlines for the 2004/2005 ski season.
23c. Question - Are there initiatives to encourage annual alternative service to UA Express during the off-season?
Answer – We are unable to answer this question unless it is clarified.
23d. Are there marketing arrangements or other efforts to improve passenger numbers?
Answer - Yes, the Airport and Telluride/Montrose Air Organization work with all key marketing organizations which include Telluride Ski & Golf, and Telluride/Montrose Visitors and Convention Bureaus.
24. Question - Are there any restrictions on the usage of the overflow parking lots? (page 42, Appendix VII)
Answer - See Appendix X, page 46, paragraph C. The following wordage will be added to that section: All vehicles in the overflow parking lot must remain operational at all times.
24a. Question - Can it be signed as additional ready space?
Answer - See Appendix X, page 46, paragraph C. The following wordage will be added to that section: All vehicles in the overflow parking lot must remain operational at all times.
24b. Question - Can customers access this area for ready cars if we run out of space in the assigned ready lot?
Answer - Yes.
24c. Question - Can cars be stacked nose to tail, rather than parked in stall configuration?
Answer - The area delineated in Appendix VII can be used by operational motor vehicles at your discretion as long as they do not interfere with roadways and other Lessee’s assigned areas.
25. Request - Please modify Section G. of the Concession Agreement to allow for an annual MAG obligation with a year end adjustment (page 46)
Answer - This will remain the same.
26. Question - Please clarify that separate revenue information for each company, including those who opt to share counter space in a dual branded scenario, will be shared with the other operators through the monthly revenue statements provided by the airport. (page 47, Section 5 of the Concession Agreement)
Answer - Information in the County’s possession will be available to Concessionaires pursuant to the Colorado Public Records Law.
27. Question - Please elaborate on the notices and cure provisions of the Concession Agreement. (page 50, Section 13). Is the 60 day period the cure period or does that follow the cure period?
Answer - Sixty days (60) is the cure period. There is no additional notice required.
27b. Question - Can an operator really be terminated for failure to remove snow? If that is determined to be the Lessee's obligation?
Answer - See page 50, paragraph 13. Either party may terminate this Lease for cause for the uncured violation of any of the obligations herein.
27c. Question - Can an operator really be terminated for inadequate signage and
painting? Number D. on page 50 should be removed from the termination provisions, unless the conditions for termination are clearly spelled out (i.e. installation of signage without airport approval, which will not be unreasonably withheld).
Answer - See answer 27b above.
28. Question - Please add a most favored nation’s clause to the agreement.
Answer - Agreed. Inserted in Appendix X, as the last section entitled: Favored Nations - County agrees it will not charge a more favorable rental, fee or charge to any other rental car concession executing a similar agreement with County for comparable space, facilities or rights at the Terminal Building than that being paid by Concessionaire hereunder, unless the County also makes those more favorable terms available to Concessionaire. The provisions of this section do not apply to the Minimum Annual Guarantee.
29. Question - Are there any expected operating standards, in addition to the hours of operation?
Answer - Yes, all those included in the On-Airport Car Rental Specifications and Concession Agreement for the Montrose Regional Airport.
29a. Question - Are successful operators required to allow customers to rent in one location and return to another? It seems likely that customers would be interested in skiing and/or vacationing in multiple cities and would choose to fly into one airport and out of another?
Answer - No.
29b. Are successful operators required to meet the reasonable, expected needs of customers, including ski racks, child seats, etc.?
Answer - Yes. Successful bidders are expected to meet the reasonable needs of customers in order to succeed. Determination of necessary optional equipment will be left to Concessionaire.
30. Question - Please clarify that all changes to the concession agreement will be made in advance by addendum prior to the RFP due date.
Answer - This is correct.
31. Question/Comment - Furthermore, please clarify that all the agreements will be identical for all companies that are awarded on airport rental car concession opportunities.
Answer - It is the intent of the County to treat all successful bidders in a similar manner. All agreements will be substantially the same except for items identified in the agreement and other bid documents.
The following answers are questions submitted by Cendant Car Group in writing on July 14, 2004, dated July 8, 2004.
1. Question/Comment - Page 4, 1st paragraph and in various other locations we are advised that the County intends to award “at least four on-airport car rental concession agreements”
Answer - The County will grant a three (3) year contract for four rental car counters along with four agreement’s to the successful bidders.
2. Question - Does the entire bid package, invitation, instructions, forms, etc. and Appendix X (Rental Car Concession Agreement) make up the Concession Agreement?
Answer - The following language will be added to Appendix X replacing in its entirety section entitled Miscellaneous. The bid specifications for the airport car rental concessions, as amended by any addenda, are hereby incorporated by reference into this Lease, and this Lease and such bid specifications shall constitute the entire written agreement between Lessor and Lessee and shall supercede any and all preceding agreements, either written or oral between the parties. However, in the event that any of the terms, covenants or provisions of the Lease shall conflict with any of the terms, covenants or provisions of the said bid specifications, then the Lease shall control and shall be the governing document. Any alterations, amendments or supplements hereto, which would change the substance, intent, obligations and duties of either party as stated in this Lease or the said bid specifications, must be in writing and approved by both parties.
2(a). Question - If we need a question answered, is there a single document to which we turn for guidance.
Answer - Appendix X under the Miscellaneous section will be replaced in its entirety with the following: The bid specifications for the airport car rental concessions, as amended by any addenda, are hereby incorporated by reference into this Lease, and this Lease and such bid specifications shall constitute the entire written agreement between Lessor and Lessee and shall supercede any and all preceding agreements, either written or oral between the parties. However, in the event that any of the terms, covenants or provisions of the Lease shall conflict with any of the terms, covenants or provisions of the said bid specifications, then the Lease shall control and shall be the governing document. Any alterations, amendments or supplements hereto, which would change the substance, intent, obligations and duties of either party as stated in this Lease or the said bid specifications, must be in writing and approved by both parties.
3. Requested Correction - Page 7, Addenda – “to” following “issued” should be “by”
Answer - Corrected as requested.
4. Requested Correction - Page 8, 1st sentence on the page “Montrose County” should be changed to “Concessionaire”; it is the Concessionaire that is selling the asset not the County.
Answer - Corrected as requested.
5. Request - Avis is requesting that Favored Nations Language be included.
Answer - See answer to Hertz #28 above.
6. Request - Page 12, 2nd line, - clarification of language regarding a present value calculation formula is not included.
Answer - This section has been eliminated. See answer to Hertz #11 above.
7. Question - Page 12, San Miguel Mountain Ventures - How does this operation work into the rental car concession; it appears that San Miguel used parking spaces designated #4? What kind of moving costs are to be considered?
Answer - See answer to Hertz #10 b & c above.
8. Comment/Requested Correction - Page 13, Concession Agreement, item 2 - In the 3rd line change “may” to “are”.
Answer - Correction changes the words “may be” to “are”.
9. Question/Comment - Page 27, Planned Operations - Avis allows one-way rentals which means that we do not have a fixed fleet for a location and we provide vehicles sufficient to meet reasonable demand, so how best for us to respond to the question of fleet size?
Answer - See Section II, page 27, subsection 5a.
10. Comment/Question - Pages 39 & 40 – It appears that the Airport collected 8.2% concession fee in 2002 and 7.5% concession fee in 2003, why the difference in percentages?
Answer - In prior years different companies had different agreements.
11. Requested Correction - Page 47 #3 at the top of the page “Montrose County” should be changed to Concessionaire.
Answer - Corrected as requested.
12. Question - Page 49, Alterations to Improvements - In addition to the materials listed; does the new concessionaire also install its own inserts?
Answer - Yes.
13. Question - Page 51, 1st full paragraph – The 1st sentence talks about exceptions to rental payments, what are the exception amounts?
Answer - The following paragraph has been added under Appendix X, Section entitled Surrender and Holding Over - If Lessee remains in possession of the leased premises after the expiration of this Agreement with the permission of County and without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement, but shall create only a tenancy from month to month that may be terminated at any time by Lessee or County upon (30) days written notice to the other party. Such holding over shall otherwise be upon the same terms and conditions as set forth in this agreement.
14. Comment - Page 51, Miscellaneous – This article needs to be reworked if the entire bid package is to be the Concession agreement and it is a concession agreement not a lease.
Answer – See answer to Cendant Car Group #2 above.
15. Comment/Question - Avis respectfully request that the call date for the bid be delayed for one week.
Answer - See Airport changes above #A.
Attachment I - List of Attendees at the mandatory pre-bid meeting on Wed. July 14, 2004 at 10:00 a.m.
Brian Horn – National/Alamo Troy Doyal – National/Alamo
Ronald Frame – Budget Adam Kishbaugh – Budget
Colleen Bendetto – Avis Jeff Eisenbarth – Cendant (Avis)
Bob Conine – J.F.C. Automotive Group Gary Broughton – J.F.C. Automotive Group
Harold Callahan – Avis Rent A Car System, Inc Bambi Stewart – Hertz
Jackie Agan – Hertz Stephanie Weeks – Hertz
Bob McCann – Enterprise Jason Graham – Enterprise
Montrose County Staff
Scott Brownlee - Director of Aviation Jim Fritze - Montrose County Attorney
Jeannette Anderies - Airport Administrative Assistant
Attachment III - Off Airport Ground Transportation Agreement
MONTROSE REGIONAL AIRPORT/
CURB PERMIT AGREEMENT
2004-2005
THIS AGREEMENT made this , 2004, between Montrose County, Colorado, (“Lessor”) and , a Curb Permit franchise (“Lessee”),
WITNESSETH:
IN CONSIDERATION OF THE MUTUAL COVENANTS AND PAYMNETS hereinafter contained, the parties agree as follows:
1. Lessor hereby leases to Lessee the rights and privileges to do business from the curb only in designated areas on a first come first serve basis for___________, Curb Permit franchise service at the Montrose Regional Airport Terminal, situated in the County of Montrose, State of Colorado, within the area designated on Exhibit A attached hereto and incorporated herein by reference. Lessee agrees to operate Lessee’s Curb Permit franchise service at the Montrose Regional Airport, pursuant to Lessor’s Ground Transportation Rules and Regulations (Exhibit B attached).
2. As consideration therefore, Lessee shall pay Lessor the annual permit fees as provided in Lessor’s Ground Transportation Rules and Regulations. Further, Lessee shall pay Lessor ten percent (10%) of Lessee’s gross sales derived from the aggregate gross selling price of all goods and services and receipts of all transactions, at, from, within or from any part of the Airport facility in monthly installments on or before the 10th day of each month for the previous month, for the term of this lease agreement as provided herein. The gross sales fee shall be for each individual Curb Permit franchise service.
3. The term “gross sales” are defined as time and mileage revenues for car rental franchises and in all other cases the aggregate gross selling price of all goods and services and receipts of all transactions, at, from, within of from any part of the Airport facility (after all discounts applied thereof) paid to Lessee by its customers. All sales taxes, excise taxes and similar taxes, whether imposed under existing or future rules, regulations, laws or ordinances, provided, that they are collected and paid to the respective governmental authorities are not to be included in determining the gross sales figure.
4. Lessee agrees to maintain at its business premises accurate records of its gross sales together with federal, state and local returns of Lessee relating to Lessee’s gross sales. Lessee shall be required to maintain records identifying those goods, services, and transactions attributed to the Airport. The Lessee’s records shall be opened at all reasonable times (upon three (3) business days’ written notice by Lessor) to the Lessor or its authorized representative to enable the Lessor to determine the accuracy of the statements of Lessee’s gross sales during and for two (2) years after the end of the lease year to which the same relate. The Lessor or authorized representative shall have the right to inspect, examine, and audit Lessee’s records, books and accounts including the right to retain an independent certified public accountant of the Lessor’s choosing and for at any time and for any reason during the term of the lease provided that the same is performed at reasonable times convenient to the Lessor and Lessee. If an audit determines a deficiency in payment to the Lessor of over ten percent (10%) the Lessee shall in addition to payment of the deficiency in payments to the Lessor of over ten percent (10%) reserves the right to terminate the lease upon thirty - (30) day’s written notice to Lessee.
5. This Agreement shall be in effect from , 2004, through midnight on , 2005 (“Term”).
6. All licenses and fees required for the operation of Lessee’s business shall be Lessee’s responsibility. Lessee shall comply with all ordinances, laws and rules and regulations of the Montrose Regional Airport, City of Montrose, County of Montrose, State of Colorado, or the United States of America now in effect or hereafter established pertaining to the operation and maintenance of the Lessee’s business and/or of the Airport. Further, Lessee shall comply with the provisions of Exhibit B, attached hereto and incorporated herein by reference, as fully a part of this lease agreement and enforceable to their terms and the terms of this agreement.
7. It is understood by the parties that the Lessee is an independent operator and contractor. Lessee agrees to fully indemnify, and save forever harmless the County from and against all claims and actions and all reasonable expenses incidental to the investigation and defense thereof, based on or arising out of claims for damages or injuries to third persons, including wrongful death, and arising out of Lessee’s use or occupancy of the Leased Premises; provided however, that County shall give to Lessee’s prompt and reasonable notice of any such claims or actions, and Lessee shall have the right to investigate, compromise and defend the same; and provide further that lessee shall not be liable for any claims, actions, injury, damage or loss occasioned by any negligence or intentional action of County, its agents or employees. Lessee shall indemnify and save and hold County harmless from an against any claim by carriers serving Lessee, provided, however, Lessee shall not be liable for any claims, actions, injury, damaged or loss occasioned by any negligence or intentional acts of County, its agents or employees.
8. Further, the Montrose County and Montrose Regional Airport shall not be responsible or liable for the operation and maintenance of the Lessee’s Curb Permit franchise. Lessee shall, at its expense, procure and keep in full force at all times during the term of this Lease from a financially sound an reputable company acceptable to County, public liability insurance, insuring Lessee and County for personal injury and property damage, and such other insurance necessary to protect County form such claims and actions aforesaid. Said insurance shall not be cancelled or materially modified except upon thirty (30) days advance written notice to County. Coverage is to be written on the broadest liability form which is customarily available at reasonable cost. Without limiting its liability, Lessee agrees to carry and keep in force public liability insurance in a reasonable amount as determined from time to time by the County and Lessee but no less than:
Comprehensive Public Liability
Bodily Injury $600,000 each accident
Property Damage $600,000 each accident
or other limits as may be set for governments by the Colorado Governmental Immunity Act with said policy designating County as an additional insured. Lessee shall furnish County with a certificate of insurance as evidence of such coverage. Amounts under basic coverage may be increased if warranted at the Airport’s discretion. Montrose County must be named additional insured and certificate holder prior to operation.
Workers Compensation
Lessee must provide The Montrose Regional Airport proof of workers compensation insurance coverage. Worker’s Compensation insurance to cover obligations by applicable State laws. Lessee fully understands that by operation of this Agreement, Lessee and Lessee’s employees and subcontractors are not employees of Lessor or the Airport.
9. In the event of default by either of the parties in any of the terms hereof, the non-defaulting party shall have all rights allowed by law. The non-defaulting party shall give the defaulting party written notice by certified mail and the defaulting party shall have (30) days to correct said default and avoid the remedy or remedies elected by the non-defaulting party. In addition thereto, such non-defaulting party shall be entitled to recover their reasonable attorney’s fees incurred in the enforcement of their rights hereunder.
10. The Lessee shall not assign, sublet or transfer this lease or any interest herein to any other party without the prior written consent of the Lessor. No amendments to this lease agreement shall be valid unless in writing and executed by all parties hereto.
Vehicle Registration Sheet
Make Class Capacity License Plate #
1) ________________________________________________________________
2) ________________________________________________________________
3) ________________________________________________________________
4) ________________________________________________________________
5) ________________________________________________________________
6) ________________________________________________________________
7) ________________________________________________________________
8) ________________________________________________________________
9) ________________________________________________________________
10) ________________________________________________________________
Authorized Driver Listing
Please print or type names -
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
THIS AGREEMENT shall be binding upon the parties hereto, their successors, and assigns, and specifically shall be effective the , 2004.
Approved this ___________ day of __________________________, 2004.
COUNTY OF MONTROSE,
STATE OF COLORADO
By __________________________
Dave Ubell, Chairman, Board of
County Commissioners
ATTEST:
County Clerk and Recorder ATTEST:
By____________________________ By _____________________________
LESSEE SIGNATURE: ATTEST (Lessee Signature):
By By
Montrose Regional Airport
On-Airport Car Rental Specifications and Concession Agreement
Addenda #2
Dated: July 29, 2004
Airport Changes
1. The counter spaces are approximately 10´ (W) X 20’ (L).
2. Section II entitled Financial and Background Data, page 26 has been deleted in its entirety.
3. The following will be added to Appendix X last section entitled Performance Bond. Successful proposers shall maintain in effect at all times during the term of the Concession Agreement, a valid corporate performance bond, or such other acceptable surety in Montrose County’s sole discretion in the amount equal to one-half (1/2) of the first year Minimum Annual Guarantee (MAG).
The following are answers to questions submitted by National/Alamo via email dated July 21, 2004.
1. Comment/Question - Page 14, “GUARANTEED MINIMUM CONCESSION RENTALS” paragraph 1 “Additional Rent” – paragraph 2 “Base Rent” – I am thinking that these two paragraphs relate to each other – paragraph one indicates that we will collect and pay 10% of “gross receipts” and paragraph 2 relates to the minimum amount that one can bid based on their best estimate of what dollar amount to assign to paragraph 1.
Answer – Yes, these do relate and perhaps are best illustrated by examples. A successful bidder that has a bid of $40,000 for the Minimum Annual Guarantee (MAG) rent and gross receipts were $350,000 for the year will pay $40,000. If gross receipts are $400,000 the payment would be $40,000. If gross receipts were $500,000 the rent is $50,000.
2. Comment/Question - Page 26, Financial Information - I can provide a compiled financial statement; however, I currently do not have one that has been compiled by a Certified Public Accountant for the calendar year 2003, it would take some time for me to provide such a statement. I am currently not required by either Vanguard Corporation (parent company for Alamo Rent a Car and National Car Rental) or even Stillwater National Bank ($5,000,000.00 fleet financing) to provide this type of reporting.
Answer - See Airport Changes, Addenda 2, numbers 2 and 3.
The following are answers to questions submitted by Cendant Car Rental Group via email July 21, 2004.
1. Question - Addendum # 1 - Page 3 - Question 10
It is understood that there are to be 4 concessions awarded and dual branding is allowed, however it appears that the Airport will have 2 vacant counters under the referenced scenario, is this true?
Answer - The Airport reserves the right to use or rent one or both counters to any other business the County deems appropriate other than to a car rental agency.
2. It is also understood that the size of the counter is 10' X 20’; does the customer face the 10' side of the assigned space or the 20' side of the assigned space? Is there an office behind the counter's back wall?
Answer - The customer faces the 10’ width. There is an office with a door behind the “front counter”. It is expected as part of your due diligence that concessionaires view the leased areas.
The following are answers to questions submitted by Dollar Rent A Car via letter received July 21, 2004.
1. Question - How many car rental concessions will be granted in the Montrose Regional Airport?
Answer - See Addenda #1, Hertz question #4.
2. Question - How many counters will be used by car rental companies under the new Car Rental Concession Agreement?
Answer - See Addenda #1, Hertz question #4.
3. Question - If we elect to Dual Brand our bid does each brand bid separately or are the bids combined?
Answer - Only proposers who wholly own 100% interest in two rental car brands may enter a single bid for the dual brand. See page 18, number O, entitled Dual Branding.
4. Question - If we Dual Brand and both brands are awarded Concession Agreements, do we get one counter or two?
Answer - If a dual brand bid is made pursuant to page 18, number O, bidder will be required to utilize a single counter and ready/return area. If a separate counter is desired for separate brands, each brand must make its own bid.
4a. Question - Do we get counter frontage equal to the percentage of total counter frontage that our bids are to the total winning car rental bids?
Answer - No, all counters are approximately the same size.
5. Question - If we do not Dual Brand can we bid the two brands separately and if we win get two counters, two parking areas, etc.?
Answer - Yes, see Addenda #2, Dollar Rent A Car number 4 and see page 18, number O, entitled Dual Branding.
6. Comment/Question - Our company is a privately held of Limited Liability Company. We are a small business that operates fourteen location in Colorado. We do not have CPA prepared Income Statements. Our Tax Returns reflects the tax planning of the ownership and do not paint a clear picture of the operating company. We will not release the Tax Returns on the company and the owners as the County cannot guarantee the confidentiality of these documents. In the recent RFP in Colorado Springs the City accepted our payment history with the Airport (we are paid current and in full with Montrose Regional Airport), our payment history with the Franchisor, DTG (we are current with both brands on all reservation, franchise fee and lease payment), our payment history with our bank (we have an active $14 million dollar credit line and we are current on all payments), and our Statement of Good Standing with the State of Colorado (indicating we are current on all State Taxes). These statements from key creditors prove our credit worthiness and in conjunction with a Letter of Credit in an amount equal to one half of the first years minimum annual guarantee the Montrose Regional Airport will receive the full amount of the bid. Is this scenario acceptable to the County?
Answer - See Addenda 2, Airport changes numbers 2 and 3.
7. Question - Will the state minimum for public liability insurance for the customer and $1million for the car rental company and the airport be acceptable?
Answer – No, see page 17, Section L entitled Insurance and Appendix X, Insurance section.
8. Question - What will be the terms and fees for off airport operators?
Answer - See Addenda #1, Hertz question 4d.
9. Question - Does the Airport or the County have any pertinent information about future flights into Montrose or any increase or decrease in the number of airlines serving Montrose?
Answer - See Addenda #1, Hertz questions 23b and 23d.
10. Question - How do you address the Non Collusion Statement in the context of Dual Branding?
Answer - See page 18, Item O and Bid Form D.
The following are answers to questions submitted by The Hertz Corporation via Email received July 21, 2004.
1. Question - Can you please advise more details about the current on airport service facility?
Answer - Copies of leases are available pursuant to Colorado Open Records Law.
2. Who owns or leases the property and building?
Answer - The land is owned by the Montrose County Building Authority and subleased to Montrose County. The land is currently leased to TransNorth Rentals, LLC. We believe there may have been an assignment from TransNorth Rentals, LLC to MICAR Inc., but it has not been formally approved by the County.
3. Question - What are the terms of that lease (effective dates, early termination clause, rental rates, etc.)
Answer - Copies of the leases are available pursuant to the Colorado Open Records Law.
4. Question - Is there any additional land available at the airport to build another service facility?
Answer - No, the Airport is currently in a master planning process.
5. Question - If so, would the airport agree to a CFC to fund the project?
Answer - The Airport has not agreed to construct a service facility at this time.
6. Question - Are any companies currently operating in a dual branded capacity? If so, who are they?
Answer - There are currently no companies operating in a dual branded capacity as described in Page 18, Paragraph O. See Addenda #1, Hertz question and answer 10a.
7. Question - How many contracts currently exist with the Rental Car Operators?
Answer - There are 4 contracts. See page 7, Part III Definitions, Number 5.
8. Question - Will the airport require each company/brand to submit an independent MAG and maintain such MAG through the life of the agreement?
Answer - Each company will be required to submit an independent MAG and maintain such MAG throughout the term of the Agreement. Companies dual branding pursuant to page 18, paragraph O will be required to submit a single MAG and maintain that MAG for the dual branded counter for the term of the Concession Agreement.
9. Question - Are there any restrictions to the number of companies that the airport will allow to operate within the 4 agreements?
Answer - The Airport will allow a maximum of four rental concessions with a total theoretical maximum of eight brands pursuant to dual branding section, Page 18, paragraph O.
10. Question - What is the plan to rebid the Ground Transportation company? Timeframe, etc.?
Answer - The Airport has not finalized its plans for the use of the other two counters at this time.
11. Question - Were the constraints and relocation costs relating to selecting the counter currently occupied by San Juan Ventures removed via the last addendum?
Answer - Unfamiliar with San Juan Ventures. See Addenda #1, Hertz question 10b & c.
12. Question - Will any company be allowed to operate out of more than one counter in the new agreement?
Answer - Refer to Addenda #1, Hertz question #4 and Addenda #2, Cendant question #1.
13. Question - What will happen to the extra counter (currently occupied because Budget has 2 counters)?
Answer - See Addenda #2, Cendant question #1.
14. Question - Please revisit your answers to questions 18 and 19 of the Hertz letter. We are a Nationwide organization. We are the continual target of frivolous lawsuits and it would be quite time consuming to try and list an indefinite amount of them. Similar concerns for the terminated agreements. Please place a limit on these requests.
Answer - No change.
15. Clarification - Also, to clarify, the pass through fee is a fee that is charged to the customers to recoup the concession fee paid to the airport. Usually it is concessionable.
Answer - A pass through to customers is within the definition of gross revenue/gross receipts as defined in the definition section and therefore is subject to the concession privilege fee. See page 14, Paragraph 1, Additional Rent.
16. Question - Another clarification... I was wondering if the local ski organizations, chamber, or marketing groups were pursuing airlines via a guaranteed seat program or other means of enticing them to Montrose.
Answer - The Telluride/Montrose Air Organization does have a guarantee program.
17. Comment/Question - Please clarify that the R/R stalls will be allocated by MAG percentage and will follow the selection process outlined for the counters.
Answer - There is no change in the specifications for the ready/return spaces, they will be divided equally between the Concessionaires.
Montrose Regional Airport
On-Airport Car Rental Specifications and Concession Agreement
Addenda #3
Dated: August 2, 2004
Airport Changes
1. Correction to Addenda #2, Airport Changes #2, is corrected to read: Section II entitled Financial and Background Data, sub-section 1 titled Financial Information has been deleted in its entirety. All other sections within Section II apply and remain the same.
2. Correction, page 5 entitled Bid for on-Airport Car Rental Concession at the Montrose Regional Airport, paragraph 4, is corrected from thirty (30) days to fourteen (days) to conform with page 16 entitled Bid Security (or Deposit).
3. Attached to this Addenda #3, is Montrose County’s Performance Bond as referenced on page 5, 4th paragraph.
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* Gross Revenue(s) number(s) are provided by existing and past Airport tenants. ttttttTenantentprovidedfirgues pro
* Gross Revenue(s) number(s) are provided by existing and past Airport tenants.
Tenants
* Gross Revenue(s) numbers(s) are provided by existing and past Airport tenants
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