Columbus Airport Commission

Columbus Airport

3250 Britt David Road Columbus, GA 31909 Phone: 706.324.2449 x1410 www.flycolumbusga.com

REQUEST FOR PROPOSAL #2021-07

ON-AIRPORT RENTAL CAR CONCESSION

September 15, 2021

The Columbus Airport Commission is currently soliciting proposals from qualified rental car firms to provide rental car services for the Columbus Airport. Firms shall be granted non-exclusive rights to operate for a contract period of five (5) years, effective November 1, 2021 through October 31, 2026. The Commission has four (4) rental car positions in its terminal building. Proposals must be received no later than 2:00 PM on Monday October 15, 2021.

Each proposal shall specify each and every item as set forth in the attached specifications.

Any and all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications without taking exception may be grounds for rejection. The Commission reserves the right to reject any and all proposals and to waive any irregularity or informality in any proposal or in the Request for Proposal process, as long as, in the judgment of the Commission, such action will not negate fair competition and will permit proper comparative evaluation of the proposals submitted.

This Request for Proposal is posted on the Commission’s website at www.flycolumbusga.com.

Any changes, additions, or deletions to this Request for Proposal will be in the form of written addenda issued by the Commission. Any addenda will be posted on the website. Prospective proposers must check the website for addenda or other relevant new information during the response period. The Commission is not responsible for the failure of any prospective proposer to receive such addenda. All addenda so issued shall become a part of this Request for Proposal.

If your firm is interested and qualified, please submit three (3) hard copies and one (1) electronic copy (on flashdrive) of your proposal on October 15, 2021 by 2:00 p.m. to:

3250 W. Britt David Road

Columbus, Georgia 31909-5399

If you have any questions about the proposal process, or for technical questions and information contact Amber Clark at 706.324.2449 x 1410, or aclark@flycolumbusga.com.

Columbus Airport Commission RFP 2021-07 Date: September 15, 2021 On-Airport Rental Car Concession

General Provisions

1. All proposals, consisting of two (3) hard copies and one (1) electronic copy (on flashdrive) must be received by mail, recognized carrier, or hand delivered no later than 2:00 p.m. on October 15, 2021. Late proposals will not be considered and will be returned, unopened. Proposals will remain sealed and secured until the stated due date and time for proposal opening.

2. All correspondence should be directed to:

Attn: Amber Clark

3250 W. Britt David Road Columbus, GA 31909

Telephone: (706) 324-2449, x1410 aclark@flycolumbusga.com

FAX submissions will not be accepted as an appropriate response to this RFP.

3. All costs incurred in the preparation and submission of proposals and related documentation will be borne by the proposer.

4. Proposals must be submitted in a sealed envelope or package. The exterior of the envelope or package must reference the bidder’s name and address, they RFP#, and RFP title. Failure to properly identify the proposal may result in rejection of the proposal.

An electronic copy of your proposal must be included. This electronic copy should include all documents being submitted combined into one Adobe Acrobat (pdf) file on a CD, using this convention for the file name: FIRM NAME + RFP NUMBER

Example: Your firm, Acme Inc., is responding to RFP 2021-07. Your Adobe Acrobat (pdf) file would be named: Acme 2021-07

5. Selection of a successful proposer will be accomplished as described herein.

6. This Request for Proposal does not constitute an offer to enter into a services agreement.

7. The Commission will accept one and only one proposal per vendor (See section on multi-branding). Prior to opening, should the Commission received multiple submissions from one vendor the Commission may 1) contact the bidder to clarify which proposal is valid, or 2) reject all submissions from the vendor as unresponsive.

8. The Commission reserves the option to accept or reject any or all proposals, wholly or in part, received by reason of this request, and make more than one award, or no award, as the best interests of the Commission may appear.

9. All documents submitted to the Commission in response to this Request for Proposal will become the exclusive property of the Commission and may be returned to the proposer or kept by the Commission, in the Commission’s sole discretion.

10. All proposals shall remain firm for ninety, (90) days following closing date for receipt of proposals.

11. The Commission reserves the right to award the contract to the firm who presents the proposal which in the judgment of the Commission, best accomplishes the desired results, and shall include, but not be limited to, a consideration of the fees proposed.

12. Should the proposer intend to subcontract all of part of the work specified, name(s) and address(es) of subcontractor(s) must be provided in the proposal (use additional sheets as necessary. The successful proposer shall be responsible for subcontractor(s) full compliance with the requirements of these specifications. THE AIRPORT

COMMISSION WILL NOT BE RESPONSIBLE FOR PAYMENTS TO

SUBCONTRACTORS.

13. Corrections or withdrawals of inadvertently erroneous proposals before or after opening, or cancellation of awards of contracts based on such proposal mistakes may be permitted where appropriate. Mistakes discovered before opening may be modified or proposal withdrawn by written notice received in the office the Airport Director prior to the time of the opening.

After opening, no changes in proposal prices or other provisions of proposals prejudicial to the interest of the Commission or fair competition shall be permitted. In lieu of any correction, a successful proposer alleging a material mistake of fact may be permitted to withdraw its package if the mistake is clearly evident, or if the proposer submits evidence, which clearly and convincingly demonstrates that a mistake was made.

All decisions to permit corrections or withdrawals of proposals or to cancel awards or contracts based on mistakes will be supported by the written determination of the Airport Director.

14. If it becomes necessary to revise any part of this proposal package, a written addendum will be provided to all proposers. The Commission is not bound by any oral representations, clarifications, or changes made to the written specifications by Commission employees, unless such clarification or change is provided to the bidders in written addendum form from the Airport Director. Proposers will be required to acknowledge receipt of the addenda (if applicable) in their sealed bid proposal. The vendor may provide an initialed copy of each addendum or initial the appropriate area on the bid form (pricing page). Failure to acknowledge receipt of the addenda (when applicable) will render bid incomplete. It is the proposer’s responsibility to ensure that they have received all addenda.

15. During the evaluation of proposals, the Commission reserves the right to request clarification of proposal packages and to request the submission of references, if deemed necessary for a complete evaluation of responses. Award will be made to the responsive and responsible proposer whose proposal meets the Commission’s needs according to criteria designated in the solicitation. The determination of the most responsive and responsible proposer may involve all or some of the following factors:

prices, conformity to specifications, financial ability to meet the contract, previous performance, facilities and equipment, experience, terms of payment, compatibility as required, other cost, and other objective and accountable factors, if any, (which are further described in the specifications). The Commission shall be the sole judge of the factors and will make the award in the best interest of the Commission.

16. Proposers may be disqualified and rejection of proposals may be recommended by the Selection Committee for any (but not limited) of the following reasons:

a. Receipt after the time limit for receiving bid proposals as stated in the bid invitation.

b. Any irregularities contrary to the General Provisions or bid specifications.

c. Unbalanced unit price or extensions.

d. Unbalanced value of items.

e. Failure to use the proper forms furnished by the Commission.

f. Failure to complete the proposal properly and in the format specified by the

Commission.

g. Omission of warranty, product literature, samples, acknowledgment of addenda or other items required to be included with proposal.

h. Failure to properly sign forms in ink.

17. All proposers will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

18. When bid inclusions are required, such as warranty information, product literature/specifications, references, etc. The inclusions should reference all aspects of the specific equipment or service proposed by the bidder. Do not include general descriptive catalogs. Bids found to be in non-compliance with these requirements will be subject to rejection.

19. By signing and submitting this proposal, proposer declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the Commission’s bid list for one full year and any current orders will be canceled.

20. The successful proposer agrees, by entering into any contract, to defend, indemnify and hold Commission harmless from any and all causes of action or claims of damages arising out of or under this contract.

21. Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex or national origin in consideration for an award. It is the policy of the Commission that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of Commission contracts to the extent practical and consistent with the efficient performance of the contract.

22. The successful proposer will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, national origin or physical handicap.

23. A protest with respect to this Request for Proposals shall be submitted in writing to the

Airport Director no less than five (5) days prior to the opening of bids or later than the closing date of proposal. If the matter is not resolved by the Airport Director, then an appeal may be filed with the Airport Commission.

24. During the evaluation of bids, the Commission reserves the right to request a demonstration or site visit of the product, equipment or service offered by a proposer.

The demonstration or site visit shall be at the expense of the proposer. Proposers, who fail to provide demonstration or site visit, as requested, will be considered non-responsive.

25. When such action is in the best financial interest of the Commission, contracts for supplies to be purchased or services to be rendered under an annual (term) contract basis may be canceled and re-advertised at the discretion of the Airport Commission and in accordance with contract terms.

26. Questions concerning specifications must be submitted, as provided herein. Questions received after the deadline provided herein will not be considered

27. Any contract awarded pursuant to this Request for Proposal will incorporate the requirements and specifications contained in this Request for Proposal. All information presented in a proposer’s proposal will be considered binding upon selection of the successful proposer, unless otherwise modified and agreed to by the Commission during subsequent negotiations. The sample agreement contained herein is for reference to the anticipated terms and conditions governing the Commission and the successful proposer. The proposer must take exception in their proposal to any section of the attached draft agreement they do not agree with. Failing to do so will be deemed as acceptance by the proposer to the terms spelled out in the sample agreement. The Commission reserves the right, in its sole discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached Concession agreement. BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL IT

IS ADVISED THAT PROPOSERS READ THE COMMISSION INSURANCE AND

INDEMNIFICATION REQUIREMENTS IN THE ATTACHED SAMPLE AGREEMENT.

The selected proposer will be asked to provide evidence that Commission insurance requirements have been met. See Exhibit “A” – Sample Commission Agreement.

28. The parties agree that this RFP and subsequent agreements shall be governed by and interpreted in accordance with the substantive laws with the State of Georgia, without regard to conflicts of laws rules. Any and all actions with respect to matters arising out of or under the RFP or any subsequent contract may be adjudicated only in a court of competent jurisdiction in Muscogee County, Georgia and the Proposer waives any and all objections to the personal jurisdiction of such courts.

29. CALENDAR OF EVENTS:

The following is a tentative schedule of events which the project is expected to follow.

These dates are considered flexible and the Commission reserves the right to adjust the dates and timeframes as necessary.

RFP Available September 15, 2021 on www.flycolumbusga.com

September 23, 2021 1:00 PM Pre-Proposal Conference

September 27, 2021 5:00 PM Questions Deadline

September 28, 2021 Final addendum issued

October 15, 2021, 2:00 PM Proposals Due

October 18, 2021 Contract negotiations begin

October 20, 2021 Last date for negotiated contract

October 27, 2021 Commission considers new contracts

November 1, 2021 Contracts begin http://www.flycolumbusga.com/

PROPOSAL GENERAL

1. PURPOSE

The purpose of these Request for Proposals (RFP) Instructions is to furnish general information to prospective Proposers concerning the proposing and awarding of nonexclusive rental car concession privileges at Columbus Airport (CSG) (Airport). These Instructions are not intended to completely define the proposed contractual relationship to be entered into by the Columbus Airport Commission (Commission) and successful Proposers.

Proposers are referred to the attached sample form of Agreement which the Commission may enter into with the successful Proposers. The final Agreement will be similar in form to the attached sample. The Commission will review and evaluate each proposal to determine whether the proposal has been submitted in accordance with these Instructions.

2. AIRPORT INFORMATION

The Airport is a commercial service airport in serving western Georgia and eastern Alabama located approximately three miles northeast of downtown Columbus, GA. The MSA for the Airport is approximately 600,000 and is growing more than 3% annually. The Airport is owned and operated by the Columbus Airport Commission, an authority created under an amendment to the Constitution of the State of Georgia in 1968.

The terminal building includes approximately 66,000 square feet of enclosed space consisting of passenger ticketing, waiting and screening area, and has four ground loading airline positions. The terminal has a second floor that includes administrative offices, second floor waiting area and an FAA control tower access.

The facility is 10 miles from Ft. Benning, the 12th largest military installation in the United States.

Gross revenues for the six incumbent providers for the last five years:

* Two of the incumbent providers revenues were reported as combined.

FY 2017 FY 2018 FY 2019 FY 2020 FY 2021

1,536,435.80 1,378,756.56 1,389,118.38 1,264,914.84 2,030,160.47

981,324.60 841,736.32 801,851.91 1,412,789.95 1,343,459.85 1,924,744.60 2,203,336.64 2,553,818.73 2,141,476.99 2,334,092.86 1,616,767.40 1,652,573.76 1,849,954.08 1,717,935.42 1,788,798.32 1,108,432.50 1,279,719.92 1,033,851.74 769,060.37 605,463.66

$7,167,704.90 $7,356,123.20 $7,628,594.84 $7,306,177.57 $8,101,975.16

3. AIR SERVICE

The Airport is currently served by Delta Airlines and American Airlines. American Airlines recently came into the market in August of 2021. These carriers offer approximately four arriving and departing flights daily to and from Atlanta, GA, three arriving and departing flights to and from Charlotte, SC, and one arriving and departing flight to Dallas, TX. The Commission is also actively pursuing less than daily service into Florida markets. The Airport also serves general aviation traffic, including extensive corporate, business and military travel. The Airport is an all-weather facility open 24 hours per day, seven days per week and offers a full range of aeronautical services. Passenger levels for last five years:

Enplanements Deplanements

FY17 42,866 40,752

FY18 46,454 44,097

FY19 50,130 49,290

FY20 36,856 35,279

FY21 28,336 24,854

*The above figures represent the enplanements and deplanements for Delta Airlines only.

American Airlines entered the market after FY 21. Aircraft seat capacity has increased by 135% since the start of American Airline service.

4. PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held on Thursday September 23, 2021 at 1:00 PM in the Airport Administration Conference Room located in the Terminal Building on the second floor. All interested parties are encouraged to attend this conference.

5. QUESTIONS AND COMMENTS

All questions or comments concerning these Instructions, exhibits, appendices, sample Agreements, and any clarifications or amendments to these Instructions must be in writing. All questions and comments must be received no later than 5:00 p.m.

Monday September 27, 2021 to the address listed in the General Provisions provided herein.

6. DBE PARTICIPATION

The requirements of 49 Code of Federal Regulations Part 23, of the U. S. Department of Transportation, applies to this concession. It is the policy of the Commission to practice nondiscrimination based on race, color, sex, or national origin in award or performance of these concession services. All firms qualifying under this solicitation are encouraged to submit proposals. These requirements apply to all concessions, firms and suppliers.

Concessionaires agree to ensure that DBEs have the maximum opportunity to participate in the performance of the Concession to be awarded or in any contracts or subcontracts resulting therefrom. In this regard, Proposers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that DBEs have the maximum opportunity to compete for and perform contracts, including without limitation, supply goods and/or service contracts. Proposers shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of such contracts or subleases.

7. PROPOSER QUALIFICATIONS

Each awarded firm shall have non-exclusive rights to provide rental car services, subject to the terms and conditions set forth in the Concession Agreement (see Sample Agreement).

To qualify for award, each proposing firm must have, at a minimum:

• 100% ownership or authorization to operate the brands proposed.

• Three (3) years’ experience in providing rental car services. Experience may include a single brand or combination of brands, but each brand must be at least one year, with five years total.

• Revenues of at least $100,000 per year for the past 3 years. Revenues may be for a single brand or multiple brands. For multiple brands, combined yearly revenue must be at least $100,000.

• No outstanding judgments or bankruptcies within the past 5 years.

• Sufficient number and variety of vehicles readily available for use.

• Sufficient trained and licensed personnel for prompt, courteous service.

• Ability to provide and maintain accurate records of receipts/revenues.

8. MINIMUM SERVICE AND OPERATING REQUIREMENTS

Obligation to Rent Motor Vehicles. The Concessionaire shall exercise the privilege granted to Concessionaire in this agreement of renting motor vehicles and accordingly, shall, during the entire term of this agreement, rent for consideration, non-chauffeured motor vehicles to the public at and from the premises leased herein at the Airport. Further, the Concessionaire shall take all reasonable measures, within proper business practices, to maintain, develop and increase its business of renting non-chauffeured motored vehicles to the public at and from the premises leased herein at the Airport.

Quality of Service. The Concessionaire agrees it will conduct a first-class operation and will provide the public with good, prompt and efficient service hereunder including, but not limited to, an adequate supply and variety of late model and low mileage motor vehicles which shall be maintained by the Concessionaire in first-class operating and mechanical condition and repair and in clean and attractive condition.

Personnel. The Concessionaire shall retain an active, qualified, competent and experienced manager or other similar authorized representative at the Airport or elsewhere in the area to manage and supervise the concession granted herein and to coordinate all concession activities with Airport Management. The Concessionaire shall, at all times, employ and provide trained personnel adequate to conduct the concession in a first-class manner. All personnel of Concessionaire shall present a neat and clean appearance, and shall be courteous and efficient in the discharge of their duties, in order to promptly and efficiently serve the public and to provide a high quality of operation. The Concessionaire, its agents, servants, and employees shall conduct themselves in an orderly and proper manner so as not to disturb, annoy, or offend others at or about the Airport. Upon notification by the Airport Director of any violation of this paragraph the Concessionaire shall forthwith take all necessary steps to correct the cause of the violation.

Condition Concerning Hours of Labor. Concession operations shall be open to the public on any day there are scheduled flights. Minimum of counter service operations are from at least one half (1/2) hour prior to first scheduled airline departure until one-half hour after last airline arrival.

Operation of Motor Vehicles by Authorized Personnel. Concessionaire shall make sure that personnel and authorized representatives do not race, speed, or operate motor vehicles in an unsafe manner on Airport property. Any violations observed by Commission will be reported to Concessionaire’s appointed manager for immediate correction and discipline by Concessionaire. Should this behavior continue, Commission shall have the option of requesting that said employee be removed from the premises.

Care of Area. The Concessionaire covenants and agrees to maintain all premises leased by it at the Airport in a neat, clean, safe, sanitary condition at all times.

Intoxicants. Concessionaire shall not keep, sell, store, or permit the keeping, selling, storing, or consumption of any narcotics, beer, liquor, wine, or other narcotic or intoxicating materials in, on, or about the leased premises.

No Diversion/Solicitation. Concessionaire shall not, through its officers, agents, representatives or employees, divert or cause to be diverted any prospective concession patrons from the Airport to another location. If any such diversion does occur, the diverted transaction shall be deemed to have occurred at the Airport. Additionally, Concessionaire shall not, through its officers, agents, representatives or employees engage in the solicitation of, or pressure sales tactics for, services offered on or about the Airport.

Concessionaire shall fully comply with the proposed Customer Facility Charge (CFC) which requires collection of the Customer Facility Charge established as a transaction/day fee that will be charged to rental car customers by the operator and remitted to the Commission monthly.

Operations shall fully comply with all Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) regulations, including security requirements and Airport Rules and Regulations. Employees may be badged in accordance with City security procedures and regulations and shall fully comply with Transportation Security Administration Regulation 49 CFR Part 1542 regarding conduct and access to the Airport Operations Area (AOA).

In the Terminal Building, successful Proposers will be required to install all counter inserts in the public counter area and in office space, all necessary furnishings, fixtures, trade fixtures, equipment, and signage necessary to operate a first-class concession. All plans and specifications, materials and color selections are subject to review and approval by the Airport Director. Successful Proposers will provide the necessary signage for the return parking spaces to be mounted by the Commission.

9. FACILITIES

There are four (4) rental car counters on the terminal first floor adjacent to baggage claim.

Spaces are approximately 330 square feet and include a front counter and private office.

Attachment 1 identifies the locations of the counters in the terminal. Complementary Wi- Fi is provided in the terminal free of charge but not as a dedicated service within the concession spaces.

The Commission currently provides one (1) Ready/Return Lot. See Attachment 2 for location.

The Commission provides one four bay service area and expanded car parking/storage at a location northwest of the terminal entry road. Utilities and maintenance for this are shall be the responsibility of the rental car providers. See Attachment 3 for location

See Allocation of Facilities.

10. FEES AND CHARGES

Minimum Annual Guarantee (MAG)/Gross Revenues: Compensation to the Commission shall be the greater of the minimum monthly guarantee (one-twelfth of the MAG) and eleven (12%) percent of gross revenue Customer Facility Charge (CFC): Concessionaires operating at Columbus Airport shall charge each customer a Customer Facility Charge of $3.00 per customer per day, which shall be used for improvements and/or expansion, as funding allows of rental car concession areas. The Commission reserves the right to use these funds for planning, financing, and/or construction projects, according to the Commission’s best interests.

Commission will meet annually with Rental Car Concessionaires to discuss RAC needs and CFC usage.

Ready/Ready Return Parking: Concessionaire will pay $10.00 per space per month (See Allocation of Facilities).

Service Area Fee: Monthly the Concessionaire will pay a share of the Service Area Fee to be allocated once the number of successful bidders is determined. Baseline cost of the Service Area is approximately $7,000 annually.

11. ALLOCATION OF FACILITIES

Each Concessionaire will have one counter and associated office space in the terminal building (Attachment 1). Each company will have ready and return spaces in the designated parking areas near the terminal building. Additionally, Each Concessionaire shall be assigned one bay and associated storage space in the Service Center Area.

Although the Commission may consider a number of factors in awarding the Concession Agreements, the location of counter /office space in the new terminal building, parking spaces and Service Center wash bay will be awarded to the Proposers in rank order with the Proposer offering the highest minimum guarantee for the five 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.

The Commission will have available Ready & Return parking spaces next to the terminal Building (Attachment 2). Although the Commission may consider a number of factors in awarding the parking spaces, the number and location spaces will be determined by the total MAG submitted by all successful Proposers. Each successful proposer will be allowed to pick the location of parking spaces in a similar manner as counter/office space described above. The number of spaces will be contingent on the Proposers share of the total MAG bid. For example, if five proposers submitted the following MAG bids:

MAG % of Total

Spaces

Proposer 1 $107,250.0 16.5% 21 Proposer 2 $144,950.0 22.3% 28 Proposer 3 $118,300.0 18.2% 23 Proposer 4 $165,100.0 25.4% 32 Proposer 5 $66,950.0 10.3% 13 Proposer 6 $47,450.0 7.3% 9

Total $650,000 100% 127

In this example, Proposer 4 would have first choice of counter/office location in the terminal. Proposer 4 would also have first choice of location of Ready/Return Spaces and would be allocated 24% of the available spaces or 31 of 136 available. Proposer 2 would follow selecting counter/office location, parking space location and would receive 23% of the available spaces or 29. The other proposers would follow in order of the bid.

Proposers with identical bids will be separated by the date/time the bid package was received.

The determination of space at the Service Area will be similar to determination of space inside the terminal. Allocation of Service Area expenses shall be divided among the RAC provider in a similar method as allocation of the Ready/Return Spaces.

12. BASIS OF AWARD

Concession Agreements will be awarded to up to five (5) highest qualified Proposers who submit proposals most favorable to the Commission based upon the requirements.

13. ADDENDA

Any addenda to this Request for Proposals will be mailed to all potential firms who have been issued a copy of the RFP. Responses to relevant questions submitted by the date indicated in the Calendar will also be mailed to all potential firms who have been issued a copy of the RFP. Relevancy of questions will be at the sole discretion of the Commission.

14. DOCUMENTS TO BE SUBMITTED (Attachment 4)

a. Proposal Form

b. Questionnaires/Forms

c. Addenda sheets

15. SELECTION PROCESS

An evaluation committee will review the merits of proposals in accordance with the evaluation criteria listed below. Failure to provide information requested in this RFP may result in disqualification of a proposal. The sole objective of the evaluation committee will be to evaluate the responsiveness of each Proposer to the requirements of the RFP.

Proposal criteria shall be evaluated in rank order of importance as listed below:

a. The sum total of the minimum annual guarantees proposed for the five year term of the Non-Exclusive Rental Car Concession Agreement.

b. Previous background, experience and submitted proposal of Proposers with respect to the minimum qualifications.

c. Previous background or history of default or arrearage in previous or existing agreements with the Commission

16. CONTACT PERSON

Columbus Airport Commission Attn: Amber Clark, C.M.

3250 W. Britt David Road Columbus, GA 31909-5399 706-324.2449 x1410 706.324.1016

Interested firms shall not contact other Commission staff with questions or suggestions regarding this Request for Proposals without first contacting Amber Clark.

Attachment 1: Terminal Space

Rental Car Counters

Attachment 2: Ready/Return Lot

Attachment 3: Service Area

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Attachment 4: Questionnaires/Forms

A. Proposal Form – Must be returned in its entirety with proposal

The undersigned, having examined this RFP, the Sample Non-Exclusive Rental Car Concession Agreement, and any and all related documents for the proposed non-exclusive operation of on-airport rental car concessions at Columbus Airport (CSG), Columbus, Georgia and having become familiar with the proposed sites therefor and operations thereof, hereby proposes to pay monthly to the Commission during the three year term of the Non-Exclusive Rental Car Concession Agreement, ten percent (10%) of its monthly "Gross Receipts" as defined in the Sample Agreement, or one-twelfth of the following minimum annual privilege fee (cannot be less than $50,000 per year), minimum bid for each month:

Minimum Annual Guarantee:

Amount in words _______________________

Amount in numbers _______________________

Please list brand(s) under which you intend to operate. Be sure to include evidence of 100% ownership interest or authorization to operate the brand. If multiple: for each brand, provide evidence of 100% ownership interest or authorization to operate.

Supply the following information. If multiple brands, complete this page for each brand.

Entity Name/Address for contract: _____________________________________

Manager Name ____________________________________________________

Describe number of personnel and positions intended for Columbus.

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Any outstanding judgments/bankruptcies in the last 5 years? Yes___ No____.

If yes, attach explanation.

Proposer intends to operate business as:

( ) Corporation ( ) LLC ( ) Partnership ( ) Sole Proprietor ( ) Other – Explain _________________________________________________

Contact Person ____________________Email _______________ Phone ________

If CORPORATION, or a corporation-in-formation, please complete the following:

1. When incorporated? _____________ 2. Where incorporated? __________________

3. Is corporation authorized to do business in Georgia? Yes ( ) No ( ) If so, as of what date? ________

If LIMITED LIABILITY COMPANY, or an LLC-in-formation, please complete the following:

1. When formed? __________________ 2. Where formed?

3. Is the LLC authorized to do business in Georgia? Yes ( ) No ( ) if so, as of what date? ___________

If PARTNERSHIP, please complete the following:

1. Date of organization ______________ 2. General Partnership ( ) Limited Partnership ( ). Has the partnership conducted business in Georgia? Yes ( ) No ( )

If JOINT VENTURE, please complete the following:

1. Date of organization __________ 2. Has the JV done business in Georgia? Yes ( ) No ( )

If SOLE PROPRIETORSHIP, please complete the following:

1. Proprietor name/address:

3. Company name/address:

4. Length of time in business under this company name _________________

DBE PLAN

Proposer shall provide a narrative describing how it will comply with the DBE provision of the Agreement and the Federal requirements. Please attach the narrative to this Proposal Form using as many sheets as necessary.

PROPOSERS SIGNATURE

The undersigned agrees to execute the formal Rental Car Concession Agreement.

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The undersigned hereby acknowledges receipt of copies of the Sample Non-Exclusive Rental Car Concessionaire Agreement, and Instructions to Proposers for the rental car concession and that the same have been reviewed prior to the execution of this proposal; that in regard to the premises at the terminal building at the Airport proposed to be devoted to this privilege, the plans showing the layout of proposed Rental Car concession premises, have been inspected by the undersigned, who has become thoroughly familiar herewith and with the proposed method of operation. The undersigned further:

1. acknowledges the right of the Commission in its sole discretion to reject any or all proposals submitted, and that an award may be made to a Proposer other than one of the highest monetary Proposers if all other conditions and requirements are not met;

2. acknowledges and agrees that the discretion of the Commission in selection of the successful Proposers shall be final, not subject to review or attack, and

3. acknowledges that this proposal is made with full knowledge of the foregoing and in full agreement thereto.

By submission of this proposal, the Proposer acknowledges that the Commission has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to the Commission of any and all information sought in such inquiry or investigation.

Dated this ____________ day of ____________, 2016.

Signature of Proposer: ____________________________________

If an individual: __________________________________________ Doing business as: _______________________________________

If a partnership: _________________________________________ Doing business as: ______________________________________ By:___________________________________________________ (General Partner)

If a corporation: ________________________________________ By: __________________________________________________ Title: _________________________________________________

If a limited liability company: ______________________________ By: __________________________________________________ Title: _________________________________________________

Address of Proposer: ________________________________________

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Telephone: ________________________________________________

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B. References Form - Must be returned in its entirety with proposal

Provide 3 individuals, firms, or airports with which your firm has conducted business in the past 3 years.

1. Business Name__________________________________________

Phone ______________________ Address ______________________________________ Contact Person ___________________________

Description

Client since ____________ (year)

2. Business Name__________________________________________

Phone ______________________ Address ______________________________________ Contact Person ___________________________

Description

Client since ____________ (year)

3. Business Name__________________________________________

Phone ______________________ Address ______________________________________ Contact Person ___________________________

Description

Client since ____________ (year)

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C. ACKNOWLEDGEMENT OF ADDENDA

Addendum No.____________Signature_____________________________Date____________

Addendum No.____________Signature_____________________________Date____________

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Exhibit A- Sample Agreement

STATE OF GEORGIA;

MUSCOGEE COMMISSION:

ON-AIRPORT RENTAL CAR CONCESSION AGREEMMENT

COLUMBUS AIRPORT

This Concession Agreement (hereinafter “Agreement) is made and entered into this

_____day of _____, 20__, by and between the Columbus Airport Commission, a body corporate and politic created and existing pursuant to a 1968 Amendment to the Constitution of the State of Georgia (hereinafter “Commission”), and _________, a XXX corporation of XXXXXX, (hereinafter "Concessionaire").

WHEREAS, the Commission owns and operates the Columbus Airport (hereinafter “Airport”);

and

WHEREAS, automobile rental services at the Airport are desirable for the proper accommodation of passengers arriving and departing from the Airport

WHEREAS, Concessionaire is qualified, ready and able to perform non-exclusive rental car services at the Airport, and

WHEREAS, Commission is willing to lease a portion of Airport property for the purpose of conducting the service described above consistent with this Agreement, and

NOW THEREFORE, Commission and Concessionaire hereby mutually covenant and agree as follows:

ARTICLE 1

DEFINITIONS

A. Agreement means this Concession Agreement plus any exhibits attached hereto and any and all renewals and extensions thereto.

B. Airport means the Columbus Airport, a Class I commercial service and general aviation airport located in Columbus, Georgia

24 | P a g e

C. Airport Director (Director): shall be the agent or representative of the Commission having immediate charge of the Airport. The Commission may manifest all or part of its authority through the Director. Term also applies to any designee appointed by incumbent Director or

Commission.

D. Concessionaire means _________________________ or other such entity which may succeed to the business of the named corporation/partnership/sole proprietorship by merger, consolidation or name change, or any entity succeeding to its business.

E. Customer Facility Charge means a fee collected by Concessionaire to be remitted to the

Commission for improvements to Airport rental car facilities.

F. Federal Aviation Administration (FAA) refers to the federal agency of the U.S.

Government created and established under the Federal Aviation Act of 1958, or its successor, which is vested with the same or similar authority.

G. Gross Revenue is defined as any and all merchandise and services of every kind that are sold by Concessionaire in the operation of its business in its Premises, less any returns and/or refunds and/or credit card merchant's discount fees as may be established from time to time by the acquiring bank, whether such merchandise and services are sold directly from the

Premises or at any other place, so long as merchandise and services are furnished from the

Premises. The term Gross Revenues also includes all charges for services performed or rentals derived by Concessionaire or by any person or persons, firm or from any part of the

Concessionaire together with any sales, services or rentals made by Concessionaire or others from the Premises where orders for such sales, services or rentals are received or entered into away from the Premises. The term Gross Revenues shall not include Carbon Offsets, Customer Facility Charges imposed by the Airport Commission, traffic tickets, parking tickets, tolls, towing impound fees, red light tickets, other governmental fines, the sale of equipment used on the Premises, the use of which equipment Concessionaire wishes to discontinue, or the wholesale disposition at cost of any merchandise purchased for resale; or any sales taxes or similar excise taxes paid by Concessionaire.

H. Minimum Annual Guarantee (MAG) means the minimum fee paid annually to the

Commission from Concessionaire in consideration of the rights granted in this Agreement.

Payment shall be made on a monthly basis subject to the terms herein.

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I. Motor Vehicles shall consist only of motor vehicles commonly classified as sedans, coupes, convertibles, station wagons, four-wheel drive vehicles, recreational vehicles, and pick-up trucks and vans rated one-ton or less. Licensee shall not lease vehicles on or from the Airport other than Motor Vehicles.

J. Percentage Payment means the sum of money due the Commission based upon the

Commission’s share of Gross Revenues as provided herein.

K. Proposal refers to Concessionaire’s response to Commission’s Request for Proposal #2016-

07 On-Airport Rental Car Concession. Said proposal is incorporated in its entirety herein.

L. Request for Proposal (RFP) refers to the Commission’s Request for Proposal #2016-07 On-

Airport Rental Car Concession. RFP is incorporated in its entirety herein.

M. Rules and Regulations means rules and regulations adopted, or that may be hereafter adopted, by the Commission for the operation, maintenance and administration of the facilities and business conducted by the Commission

ARTICLE 2

USE OF AIRPORT

The Commission grants to Concessionaire the following rights and privileges, subject to other limitations expressed in this Agreement:

A. The right to use in common with others the general facilities of the Airport in the normal conduct of its operation as a car rental company in such manner as may be prescribed by the

Commission.

B. Communications. The right to install, maintain, and operate a communications system at

Concessionaire's expense between the areas described herein hereof; provided, however, that such system shall not interfere with Commission's public address system and, provided, further, that such system shall be subject to the approval of the Director. Such approval shall not be unreasonably withheld.

C. Signs. The Concessionaire shall have the right to install and maintain one or more signs within the Premises, identifying it and its operations, provided, however, the subject matter, type, design, number, location and elevation of such signs, and whether lighted or unlighted, shall be in general conformity with those of other Airport tenants and subject to, and in

26 | P a g e accordance with, the prior written approval of the Commission. No sign will be approved that may be confusing to airport users, or which fails to conform to the architectural scheme of the Airport or meet the requirements of the Commission. Without limiting the generality of the foregoing, the Commission maintains the policy for approving or disapproving certain signs and advertisements, and that advertising shall not mention other concessionaire car rental companies either directly or indirectly nor shall it reference a competitor's product.

D. Parking Space. The Commission shall make available to Concessionaire's employees, parking in an area designated by the Commission only during the employee's working hours.

Concessionaire's employees shall park their private vehicles only in the employee parking area furnished by the Commission.

E. Relocation. Should future development of the Airport require other use of the Premises, the

Commission shall have the right to terminate this Agreement, or to continue this Agreement at the new location. Reasonable advance notice of any relocation shall be given by the

Commission, but in no event shall the notice be less than thirty (30) days.

F. Purpose. Concessionaire agrees that it will not engage in any commercial activities not authorized herein and will not permit the use of the Premises, for any purpose other than those authorized in this Agreement.

G. Construction, Airport Expansion and Inconvenience to Concessionaire. The Concessionaire recognizes that from time to time during the term of this Agreement it will be necessary for the Commission to initiate and carry forward extensive programs of construction, reconstruction, expansion, relocation, maintenance and repair in order that the Airport and its facilities may be suitable for the volume and character of its air traffic and flight activity, and that such construction, reconstruction, expansion, relocation, maintenance and repair may inconvenience the Concessionaire in its operations at the Airport. The Commission agrees to make all reasonable efforts to minimize the inconvenience to the operation of the

Concessionaire's business. The Concessionaire agrees that no liability shall attach to the

Commission, its officers, agents, employees, contractors, subcontractors and representatives by reason of such inconvenience or interruptions, except the fees payable under the

Agreement shall abate during and for such period that access to the Premises, provided to the Concessionaire, its employees and invitees is denied by reason of construction

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H. Non-Exclusive Rights. This Agreement shall be non-exclusive and the Commission reserves the right to enter into like contracts with other individuals, firms or corporation engaging in the car rental business at the Airport. The Commission shall not grant to any other person, firm or corporation a car rental concession on terms more favorable than those granted to the Concessionaire.

I. Rights of Ingress and Egress. The Commission grants to Concessionaire the right of ingress and egress to and from the Premises for Concessionaire's employees, agents, passengers and invitees to the extent reasonably necessary in connection with the conduct of

Concessionaire's business under this Agreement. Areas designated as restricted areas by the

Commission shall be excluded.

J. Limitation on Uses.

1. Concessionaire's uses of the Airport authorized and granted in this Agreement shall be limited to providing Motor Vehicle rental service, using only the brand names identified in Concessionaire’s Proposal to the Commission.

2. Concessionaire may park it Motor Vehicles at the Airport only at locations and at times, if any, specified from time to time by the Director. Concessionaire's Motor

Vehicles parked in an area other than those designated for Concessionaire's use shall be promptly moved by the Concessionaire to an authorized location when so directed by the Director. Concessionaire shall not park or store any vehicles in the

Ready/Return Premises, at the Airport, except Motor Vehicles available for lease hereunder.

3. The Concessionaire’s Ready/Return Premises, shall not be used for the fueling of vehicles, exterior washing, major body or frame repair, engine maintenance or overhaul, oil changing, radiator flushing, or other activities which in the sole opinion of the Commission create an eyesore or danger of environmental pollution.

4. Concessionaire understands that the Service Center Premises are to be used only for the washing & servicing of vehicles and shall not be used for fueling, major body or frame repair, engine maintenance or overhaul, oil changing, radiator flushing or other activities which are considered maintenance work. Additionally, Concessionaire understands that it may store one case (12 cans) of motor oil or

28 | P a g e lubricants on their Storage Area Premises only. Concessionaire will not be allowed to store or bring motor fuel on to the airport property.

ARTICLE 3

TERM

A. The term of this Agreement shall be for five (5) years commencing on July 1, 2016 and expiring on June 30, 2021.

B. Despite the provisions for holding over described herein, this Agreement is entered into with the understanding that the Commission will initiate an open competitive process for the provision of rental car service beyond the expiration of this Agreement.

ARTICLE 4

PREMISES

Commission hereby grants to Concessionaire, for the period subject to the terms and conditions hereafter stated, the following described Premises located in or upon the Airport:

A. Terminal Premises (See Exhibit “A”): Concessionaire shall have the right to the exclusive use of approximately 330 square feet of counter space and back office space, said Premises being…