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HomeMy WebLinkAboutON-AIRPORTCAR RENTAL SECIFICATIONS AND CONCESSION AGGREEMENT FOR AIRPORT ON-AIRPORT CAR RENTAL SPECIFICATIONS AND CONCESSION AGREEMENT FOR THE WATERLOO REGIONAL AIRPORT 4 A WATERLOO REGIONAL AIRPORT CRUISE A NEW ALTITUDE CITY OF WATERLOO, IOWA dba WATERLOO REGIONAL AIRPORT August, 2019 CITY OF WATERLOO — CITY COUNCIL MAYOR QUENTIN HART Jerome Amos—Pat Morrissey—Steve Schmitt Margaret Klein—Sharon Juon—Ray Feuss—Bruce Jacobs WATERLOO AIRPORT BOARD Hugh Field—Cary Darrah—Arlene Humble Charles Needham—Gwenne Berry—Dr. Linda Allen—Scott Voigt City Council Liaisons: Margaret Klein and Ray Feuss PREPARED BY: Keith Kaspari, MPA, C.M. Airport Director Waterloo Regional Airport City of Waterloo, Iowa WATERLOO REGIONAL AIRPORT INVITATION TO BID AND CONTRACT DOCUMENTS FOR AN ON-AIRPORT CAR RENTAL CONCESSION TABLE OF CONTENTS PART I-GENERAL PROVISIONS CITY OF WATERLOO,IOWA I TABLE OF CONTENTS II-III PART I-GENERAL PROVISIONS II-III PART II-BID REQUIREMENTS IV ADVERTISEMENT FOR BIDS/NOTICE INVITING BIDS 1 SECTION I 4 BACKGROUND AND PURPOSE OF THE INVITATION TO BID 4 SECTION II 5 A. AIRPORT INFORMATION 5 B. AIRLINES PROVIDING SCHEDULED SERVICE 6 C. STATISTICAL INFORMATION 6 `•/ SECTION III 7 A. MINIMUM QUALIFICATION CRITERIA 7 B. PERM OF AGREEMENTS 7 C. LOCATIONS/DEVELOPMENT REQUIREMENTS 8 D. CONCESSION AGREEMENT 8 E-1&E-2,A-D. RENTALS,FEES AND CHARGES 9-10 F. DISADVANTAGE BUSINESS ENTERPRISE PROGRAM 11 G. DBE PARTICIPATION GOALS 11 H. AWARD CRITERIA 11 I. BID SECURITY AND PERFORMANCE BOND 11 J. ADDITIONAL INFORMATION 13 K. CONFIDENTIALITY 14 INSTRUCTIONS TO BIDDERS 15 A. SUBMISSION OF BID 15 B. DESCRIPTION OF BID 15 BID REQUIREMENTS 16 A. COVER LETTER 16 B. BIDDER'S STATEMENT 16 C. BID CHECKLIST 16 D. QUALIFICATIONS QUESTIONNAIRE 16 E. BID FORM 16 II BID FORM A-BID CHECKLIST 17 BID FORM B-BIDDER'S STATEMENT 18 BID FORM C-QUALIFICATIONS QUESTIONNAIRE 19 BID FORM D-1 30 SPECIAL PROVISION/NON-COLLUSION AFFADAVIT 33 CAR RENTAL CONCESSION AGREEMENT 35 INSURANCE AND INDEMNIFICATION 63 MINIMUM REQUIRED INSURANCE COVERAGES 65 SPECIAL INSURANCE CONDITIONS 65 STATE MANDATED WORKERS'COMPENSATION INSURANCE COVERAGE 66 CERTIFICATE OF INSURANCE ••79 CERTIFICATE OF INSURANCE OR COPY OF POLICY ..79 BID BOND 80 PERFORMANCE BOND ..82 NOTICE OF AWARD 84 GENERAL REQUIREMENTS AND COVENANTS 85 DEFINITIONS 85 EQUAL EMPLOYMENT OPPORTUNITY 85 MINORITY AND WOMEN BUSINESS ENTERPRISES 85 SALES TAX 86 VERIFICATION OF EMPLOYMENT ELIGIBILITY 86 INDEBTEDNESS STATEMENT 86 LIST OF APPENDICES APPENDIX I 87 OUTBOUND(ENPLANED)PASSENGER ACTIVITY CY-2000 THRU CY-2018 87 APPENDIX II 88-89 RENTAL CAR REVENUES CY-2008 THRU CY-2018 88-89 APPENDIX III 90-92 Summary of Physical Current,and Future Improvements to Rental Car Parking Lot 90-92 APPENDIX IV 93 CY-2019 Pictures of Current Avis/Budget and Hertz Rental Car Counters 93 APPENDIX V 94 CY-2019 Pictures of Current Exterior of Terminal Building 94 APPENDIX VI 95-96 CY-2019 Pictures of Current Interior of Terminal Building 95-96 (,....s8 APPENDIX VII 97 Current Layout/Floor Plan of the Airline Passenger Terminal Building 97 III PART II CONCESSIONAIRE BID REQUIREMENTS Iv CITY OF WATERLOO, IOWA WATERLOO REGIONAL AIRPORT ADVERTISEMENT FOR BIDS - NOTICE INVITING BIDS The CITY OF WATERLOO, IOWA will receive sealed, written bids in the office of the CITY CLERK, WATERLOO CITY HALL, 715 MULBERRY STREET, WATERLOO, IOWA, until 1:00 p.m. CST on THURSDAY, OCTOBER 3, 2019, for TWO (2) ON-AIRPORT CAR RENTAL CONCESSION AGREEMENTS AT THE WATERLOO REGIONAL AIRPORT. The City of Waterloo, Iowa, and dba Waterloo Regional Airport, ("Airport") is seeking competitive bids for the operation and management for a maximum of two (2) on-airport car rental concessions in the passenger terminal building at the Waterloo Regional Airport located at 2790 Livingston Lane, Waterloo, Black Hawk County, Iowa 50703. fr'ThThe Concession Agreements will be awarded for a term of five (5) years. The term of the agreement is estimated to begin on or about WEDNESDAY, JANUARY 1, 2020 and run through TUESDAY, DECEMBER 31,2024. A pre-bid conference has been tentatively scheduled for FRIDAY, AUGUST 16, 2019, at 2:00 PM. in the second floor conference room of the Airline Passenger Terminal. Contact Keith Kaspari, Airport Director at - Office: 319-291-4483 or Mobile: 319-529-1388 for directions and assistance. The City will not accept bids received after the bid closing time of 1:00, with the time as reflected by the clock in the office of the Waterloo City Clerk. The bids will be publicly opened and read aloud in the first floor conference room of City Hall immediately after the closing deadline. Two (2) copies of the bids shall be enclosed and sealed in envelopes and addressed to: 1 CITY OF WATERLOO IOWA Waterloo Regional Airport Attn: City Hall `.•� Attn: Ms. Kelley Felchle,City Clerk 715 Mulberry Street Waterloo, Iowa 50703 and clearly marked: BID FOR AN ON-AIRPORT CAR RENTAL CONCESSION AT THE WATERLOO 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 final questions and comments concerning these opportunities and the Invitation to Bid document ( should be directed in writing to Mr. Keith Kaspari, Airport Director, Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703; phone number 319-291-4483 or by email at: KEITH.KASPARI(aiWATERLOO-IA.ORG by no later than FRIDAY, SEPTEMBER 20TH, at 4:00 PM. CST. Any questions arising during the advertising period as to the meaning or intent will be answered by an addendum that will be sent via email (request read-receipt required). All requests for clarifications to specifications and plans shall be received at least 10 calendar days prior to the date for receipt of bids. A cashier's check, certified check, or acceptable Bid Bond, payable to the City of Waterloo, Iowa, in an amount not less than five (5) percent of the bid submitted, must accompany each bid to guarantee that, if awarded the contract, the Bidder will, within thirty (30) days after receiving the Notice of Award, or a date as mutually agreed upon, to allow Airport Staff to submit the agreement for approval by the 2 Waterloo City Council, 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. Performance Bond information is found in the Instructions to Bidders. All bids must comply with specifications. All bids must remain open for days after bid opening. The City will award the contract to the two highest and responsible bidders. The City reserves the right to reject any or all bids. The action to award each Agreement is subject to the approval by the Airport Board with required and/or final approval by the Waterloo City Council. The submission of a bid by any Bidder does not in ' any way commit the Airport Board or the City of Waterloo, Iowa, to enter into an agreement with that Bidder, or any other Bidder. Vius. tt Keith D. Kaspari,MPA, C.M.,Airport Director City of Waterloo, Iowa dba Waterloo Regional Airport—Date of Release: August 1, 2019 3 SECTION I BACKGROUND AND PURPOSE OF THE INVITATION TO BID The City of Waterloo, Iowa DBA Waterloo Regional Airport (Airport) operates an airline passenger terminal building that was opened for airline operations and a dedication of June 10, 1951, with subsequent terminal renovations and modifications since then. The current passenger terminal building was last renovated in approximately 2004 — 2006 timeframe, and incorporates improvements for airline, rental car concessionaires, the Department of Homeland Security and the Transportation Security Administration; and, Federal Aviation Administration personnel to conduct day-to-day business operations. It is the goal of the City of Waterloo (Airport) to develop,provide and maintain concession facilities and rental car services at the Airport that are of FIRST-CLASS quality, as well as enhance the image, quality and passenger ground transportation services at the airline passenger terminal building. The City of Waterloo (Airport) desires to award the contracts as soon as practical to enable the selected concessionaires to work with the airport's administrative staff to ensure the best utilization of space for the rental car concessionaire, as well as a smooth transition to or from the airline passenger terminal building and related rental car facilities. 4 SECTION II HISTORICAL INFORMATION A. Airport Information The Waterloo Regional Airport is a Primary Non-Hub commercial service airport owned and operated by the City of Waterloo, Iowa. The Airport Staff is directed through the office of the Mayor. An Airport Board, comprised of seven members and two City Council Liaisons, are appointed by the Office of the Mayor, with approval by the Full City Council, and serves staggered terms as an advisory board to monitor the development, operation and maintenance of the airport. The airport is currently served by one (1) Scheduled Passenger Airline, as follows: American Eagle (Envoy) Airlines with two flights per day to Chicago's O'Hare International Airport. Since American Airlines began serving Waterloo beginning in April of 2012, passengers using the airport have increased by Forty (40)percent. NOTE: In the late summer of 2019, the USDOT's Office of Aviation Analysis will again be seeking interested parties from American Airlines, United Airlines or Delta Air Lines (or other air service provider) to serve Waterloo / Cedar Falls and a 14-County area comprising approximately 365,000 N.E. Iowa residents. The Airport is located approximately 6-miles north of the central downtown business district of Waterloo, and is situated on approximately 2,600 acres of land, and is located within the limits of Black Hawk County, Iowa. The airport's primary runway is Runway 12/30 at 8,400 feet by 150 feet wide, and the airport's secondary runway - Runway 18/36 at 6,000 feet by 150-feet wide. The passenger terminal is approximately 35,000+/- square feet of enclosed space excluding basement rIstorage areas. 5 B. Airlines Providing Scheduled Service The following scheduled airlines currently serving the Airport is American Airlines —with Envoy Airlines operating an ERJ-145, with service to Chicago O'Hare International Airport. C. Statistical Information Historical passenger activity for the years CY's 2008 —2018 are attached in Appendix I, Page 85, of this Invitation to Bid. Historical rental car revenues for the years CY's 2008 — 2018 to present are attached in Appendix II, Pages 88-89, of this Invitation to Bid. Other/Misc: Pictures of the Terminal Building, Rental Car Counters (Area) and Rental Car Priority (Terminal) and 4 Rental Car Ready Service and Parking Spaces are attached in Appendix III, Pages 90 — 93, of this Invitation to Bid. No More Information This Page 6 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 ten (10) years of experience in the operation of a rental car business with gross revenues of at least$500,000 each year. 2. Must operate a rental car concession that mirrors the airline schedule of daily / weekly airline operations, and to include adjustments in airline operations (Exs: During National Holidays). 3. The demonstrated financial capability to perform the requirements of the contract. 4. The ability and commitment to provide an adequate and variety of a fleet of rental cars (sedans, trucks, vans and SUV's) to the Waterloo Regional Airport, yet flexible to accommodate special events held annually in Waterloo and that of Black Hawk County. 5. The ability and commitment to provide a 1-800 number, and a web-based vehicle reservation and system to accept credit cards. Bj..`Term of Agreements While the Airport Terminal Building has three (3) available rental car counter positions, the City will grant a fgx( year contract term to a maximum of two (2) successful bidders. The successful bidder with the highest Minimum Annual Guarantee (MAG) bid will be permitted first choice of rental car counter location, ready/return lot spaces, parking lot spaces for additional vehicle parking (east of baggage claim entrance) and stall location in the car wash bay - area as depicted on Pages 91, 92 and 94. The second highest successful bidder will receive the second choice. The number of vehicle spaces at the terminal building and in the rental car lot will be allocated to as many spaces as the two car rental concessionaires may need to operate said concession, and based upon the Minimum Annual Guarantee (MAG) as received, with the highest percentage of the payments to the Airport by an individual company as compared to the total paid by all car rental businesses located on- airport(excluding any payments for optional service center locations). 7 C. Locations /Development Requirements It is the desire of the City to create a first-class concession program at the Waterloo Regional Airport. The selected Concessionaires shall be allocated and provided with counter space within the Terminal `..- Building at the Airport, as depicted on Pages 30, 31 and Exhibit VII of this document, noted as Bid Form D-1. The successful bidders will be required to provide quality back wall and internally lit signage and finishes to the designated counter locations in order to maintain the City's standards and to insure attractive and efficient facilities which complement the overall terminal design. In addition, successful bidders will be required to provide one back-lit sign with company logo, with approval of the sign required by the City. The successful bidders will be required to submit to the Airport Director a copy of the drawings for Bidder's proposed sign/s. D. Concession Agreement A copy of the Concession Agreement is included with this document (package). The successful Bidders will be required to execute the Concession 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 Waterloo City Council, and will be included in the final executed contract. 8 E. Rentals, Fees and Charges The successful bidders will be required to pay the following fees and charges: 1 . The greater of a percentage of gross receipts or the Minimum Annual Guaranteed (MA.G) rent as described in the Concession Agreement. a. Percentage Rent Percentage rent for the car rental concessions shall be 12.50% of gross receipts as defined in the Concession Agreement; or, b. Minimum Annual Guaranteed Rent Bidders are required to bid a Minimum Annual Guaranteed (MAG) rent, excluding additional fees and rents as may be included as part of the agreement. The minimum annual acceptable bid for the MAG is Thirty Five Thousand ($35,000) dollars. 2. Passenger Terminal and Terminal Custodial Services and Building Utilities, Vehicle Ready Spaces, Car Wash Bay Use Rent and Car Wash Bay Utility Fees: A. Passenger Terminal - Rental Car Counter and Office: Rent for the use of the rental car counter and associated office space in the terminal building, shall be the sums during the following five (5) Year Term. This fee, at $19.38, includes daily custodial services at $1.75 per SF, and terminal building electrical utilities at $0.76 per SF, which coincides with the same rate that the airport assesses to our tenant carrier-American Airlines: Year 1 —The sum shall be$371.45 per month; Year 2—The sum shall be$384.45 per month; Year 3 —The sum shall be$397.91 per month; Year 4—The sum shall be $411.84 per month; and, Year 5 —The sum shall be$426.25 per month. B. Vehicle Space Rent for the 32+ Ready / Return Lot Parking Spaces (includes the Priority Spaces immediately outside the baggage claim entrance). Fees shall be the following sums for the following five(5)Year Term: Year 1 —The sum shall be$10.00 per space per month; Year 2—The sum shall be$11.25 per space per month; Year 3 —The sum shall be$12.50 per space per month; Year 4—The sum shall be$13.75 per space per month;and, Year 5—The sum shall be$15.00 per space per month. 9 Additional Vehicle Spaces may be available to each concessionaire. Please see Airport Director for availability. C. Car Wash Bay Use Rent and Utilities: With only two (2) rental car concessionaires, each concessionaire shall agree to pay monthly fees for rent, and their share of combined Gross Receipts for the use of the Car Wash Bay Building (Garage), and the Building Water, Heat, Electrical and Sewer Utilities,and shall be the sums during the following five(5)Year Term: Year 1 —The sum shall be$425.00 per month; Year 2—The sum shall be$439.87 per month; Year 3 —The sum shall be$455.27 per month; Year 4—The sum shall be$471.20 per month;and, Year 5—The sum shall be$4487.70 per month. D. On-Site/On-Airfield Fueling Services: Concessionaire shall pay$0.30 per gallon for either regular or diesel fuel over the per gallon cost that the airport purchases the fuel. This cost reflects the same cost per gallon that we are assessing American Airlines for fuel for the daily operation of the Ground Support Equipment(GSE)assigned to the Airline Station. F. Disadvantaged Business Enterprise Program It is the policy of the City of Waterloo 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 City'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. io G. DBE Participation Goals In accordance with Regulations of the U.S. Department of Transportation,49 C.F.R. Part 23, Subpart F,the City has implemented a Disadvantaged Business Enterprise(DBE)Plan dated May, 2018 and is on file at the Offices of the Airport Director and City Clerk. An FAA-approved DBE Program for Waterloo Regional Airport dated May, 2018, and goal has not been set for the car rental concession agreement,however DBE participation is highly encouraged,and a Good-Faith effort realized. H. Award Criteria To be considered responsive and responsible, the Bidder must meet all requirements set forth in this Invitation for Bid document. To be awarded an Agreement with the City of Waterloo to Operate a Car Rental business at Waterloo 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 the two bidders ffering the highest Minimum Annual Guarantee for facility and other fees and charges. The facilities will be allocated based on the Minimum Annual Guarantee (MAG) bid. In the event of equal bids, DBE participation will determine ranking. Should DBE participation be equal ranking, they will be designated by the City using a random selection process. I. Bid Security(or Deposit), and Performance Bond 1. Bid Security or Deposit A cashier's check, certified check, or acceptable Bid Bond, payable to the City of Waterloo, Iowa, in an amount not less than ten percent(10%) of the bid submitted,must accompany each bid to guarantee that, if awarded the contract, the Bidder, will, within 30 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 11 Contract Documents. Bonds for projects using federal dollars must be underwritten by a surety named in the current list of"Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. No bid will be considered unless accompanied by such certified or cashier's check or bid bond. It is likely that such guarantees will be held by the City for a minimum period of approximately 90 days, during which the 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 reviewed and recommended for selection to the Airport Director, for future approval by the Airport Board and City Council, and after said successful bidder provides an acceptable Performance Bond, as described herein. If the successful bidder fails or refuses to perform as described above, the City may award the Concession Agreement to the next best responsive and responsible bidder as determined by the City. This bidder, subject to forfeiture of its Bid Bond, or certified or cashier's check for non-performance, shall thereupon deliver to the City the required Performance Bond. Each non-selected bidder may be selected in such manner until a bidder complies, or until all bids are rejected. Bidders are hereby advised that only a Bond, in a form acceptable to the City, guaranteeing to the City the full sum thereof, regardless of the City's actual damages, should the bidder fail to enter into the Concession Agreement and furnish the required Performance Bond,will be acceptable. Submission of an incorrect Bond may cause the Bid to be non-responsive and may result in its rejection. l Letters of Credit shall not be deemed as acceptable to satisfy Bid Bond requirements. 12 Should the successful bidder fail or refuse to enter into the Concession Agreement, or to file the required Performance Bond with the City after award to such bidder of the Agreement, the entire penal sum of the Bid Bond submitted by said bidder shall be payable to the City on demand, or the certified or cashier's check so submitted and the proceeds thereof shall become the property of the City, not as a penalty, but as liquidated damages. Such payment shall not preclude recovery by the City of any amount over and above said sum to which the City sustains damage by reason of such failure or refusal. 2. Performance Bond Within 30 days after award of this Concession Agreement, each successful bidder shall furnish to the City, at bidder's sole cost and expense, a Performance Bond, in a form acceptable to the City, as specified in the Concession Agreement. A bidder may not submit a Letter of Credit to satisfy the Bond requirements. If, at any time during the term of the Concession Agreement, a surety on a Bond shall, in the opinion of the City, become unacceptable, the City shall have the right to require an additional and sufficient surety which the bidder shall furnish to the satisfaction of the City within 10 days after written notice to do so. J. Additional Information 1. The City of Waterloo, Iowa, will not be responsible for any oral instructions given with regard to the completion and submission of any bid. 13 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 (Note: Email notification is satisfactory) by Mr. Keith Kaspari, Airport Director before the date and time set for the receipt of bids. After this date and time, no bidder may withdraw its bid except with the consent of the City. 3. Corrections to errors made by the bidder in the bid will not be accepted after submission of the bid. 4. The City reserves the right to reject any or all bids. 5. The City reserves the right to waive any irregularities. 6. The City reserves the right to investigate thoroughly the financial status, experience and record of each bidder. K. Confidentiality All documents submitted in connection with the bid become the property of the City 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 City. At that time, all documents, with the exception of proprietary or confidential financial records of unsuccessful Bidders,will be subject to examination and release in accordance with Iowa Public Record laws. 14 INSTRUCTIONS TO BIDDERS B 'Thbmitted 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 City. A. Submission of Bid Written bids will be received until 1:00 PM ON THURSDAY, OCTOBER 3, 2019. Bids must be received in-hand, and not merely post-marked, by that time. B. Description of Bid 1. Bidders must submit one (1) original and one (1) copy 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 -`%h and submitted with the bid. 3. No bid by telephone, telefax, email or any modifications to a bid by said means will be considered. 15 BID REQUIREMENTS R -uses 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. A. 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 WATERLOO, IOWA REGIONAL AIRPORT B. Bidders Statement Each bidder must submit a completed "Bidders Statement" on the form provided in the "Bid Forms" section of this document. C. Bid Checklist Each bidder must submit a completed "Bid Checklist" on the form provided in the "Bid Forms" section of this document. D. 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 maybe found in the "Bid Form C" section(Page 19) of this document. E. 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. 16 BID FORM A BID CHECKLIST Please submit the following checklist with the Bid. Bidder has included the following required forms / written documents: Cover Letter to attention of Airport Director * Bidders Statement-Bid Form B * Qualifications Questionnaire—Bid Foiin C * Bid Form—D-1 * Bid Bond—D-2 * Affidavit of Non-Collusion * Acknowledgement of receipt of any and all addenda (*) Form Provided Bid Check List Bid Form A 17 BID FORM B BIDDER'S STATEMENT The undersigned hereby attests that he/she is a duly authorized representative of the proposing entity. By signing this statement, the bidder hereby acknowledges that if it is selected as the concessionaire pursuant to the bid contained herein, bidder will be required to execute the attached Concession Agreement in a similar form as it is currently written with the exception that elements of the bidders bid as finally approved by the City will be included in the Concession Agreement. Execution of the Agreement will be required within 30 days of approval by the City. Failure to execute the Agreement in its current form may result in award of the Agreement to another party and forfeiture of bidders Bid Bond. Da( (Name of Bidder) By: (Principal Owner Authorized Officer) Bidder's nt Bid Form B 18 BID FORM C 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. Name of applicant exactly as it would appear on the Concession Agreement if selected: 3. Address of applicant for purposes of notice or other communication relative to the bid: & h Qualifications Questionnaire Bid Form C 19 1 Telephone and Fax Numbers of Applicant: Email Address of -- Applicant: Contact Person and Title: 5. Applicant intends to operate the proposed business as: (check one) ( ) Sole Proprietor ( ) Partnership ( ) Corporation ( ) Joint Venture ( ) Other(explain below) 7. Complete one of the four sections below: either A, B, C, or D, 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. Residence Address: 3. Business Address: Qualifications Quesre Bid Form C 20 B. PARTNERSHIP STATEMENT If " nership,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: City: 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. Residence Address c. Percentage of ownership d. Indicate if the partner is a general or a limited partner Qualifications Questionnaire Bid Form C 21 C. CORPORATION STATEMENT If rporation, please furnish the following: 1. Date of Incorporation: 2. State Incorporated: 3. Is the corporation authorized to do business in Iowa? ( ) 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 10% of any class of stock), attach and mark as "Exhibit C-1" the following information: a. Name b. Title c. Residence Address d. Number of voting shares e. Number of non-voting shares Qualifications Que ire Bid Form C 22 D. JOINT VENTURE STATEMENT If a Joint Venture,please furnish the following: 1. Date of Organization: 2. Has the Joint 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. Residence Address: c. Percentage of Ownership: Qualifications Questionnaire Bid Form C 23 SECTION II FINANCIAL AND BACKGROUND DATA 1. Financial Information Furnish a statement of income, balance sheet and statement of changes in financial position, including notes thereto, all compiled or reported on by an independent Certified Public Accountant, and attested to by the bidder's Chief Financial Officer, in sufficient detail to show the bidder's financial capability to undertake and complete all the obligations specified in the Concession Agreement. Said financial statements should be as of, or for the period ending on the last day of your most recently completed fiscal year. A financial statement may be consolidated with that of a subsidiary or parent corporation as the case may be, but if consolidated with a parent corporation, the financial statement of the subsidiary shall be separately attested to by the Chief Financial Officer of the subsidiary. A personal financial statement of an officer of a corporation shall not satisfy this requirement. 2. 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. c. 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. d. Description of the bidders operations, including: 1. Number and type of operation Qualifications Questiflraf�ire Bid Form C 24 2. Locations of current operations, including names, addresses and phone numbers of landlords and/or Airport Executive Directors. 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. 3. 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 C 25 4. 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. 5. Planned Operations Please provide information regarding plans for the car rental concession at Waterloo Regional Airport, if successful: a. With 32+ ready spaces available per Concessionaire, state the number of cars that will be available for use at Waterloo Regional Airport during various periods of the year. b. State the number of rental cars owned by your company and currently registered in the City of Waterloo, Black Hawk County, State of Iowa(if applicable). c. Describe your 1-800 or web-based nationwide reservation system. d. Describe any participation in national/local advertising programs. e. State the names of your credit card affiliations. Qualifications Questte..lire Bid Form C 26 SECTION III REFERENCES List at least four persons or firms with whom bidder has conducted financial transactions related to your business operations during the past three years. At least two of the references named are to have knowledge of bidders debt payment history and at least one 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: Email: Nature and magnitude of purchase, sale, loan, business association, etc.: Reference #2 Name: Title: Firm: Address: Telephone: Email: Nature and magnitude of purchase, sale, loan, business association, etc.: Qualifications Questionnaire Bid Form C 27 Reference#3 Name: e: Firm: Address: Telephone: _ Email: Nature and magnitude of purchase, sale, loan,business association, etc.: Reference#4 Name: Title: Firm: Address: Telephone: ail: Nature and magnitude of purchase, sale, loan, business association, etc.: Reference#5 Name: Title: Firm: Address: Telephone: Email: Nature and magnitude of purchase, sale, loan,business association, etc.: Qualifications QuekFdlin re Bid C 28 The foregoing information has been submitted to the City of Waterloo, Iowa dba Waterloo Regional Airport,for the purpose of proposing an On Airport Car Rental Concession Agreement at the Waterloo ;ional 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 the City of Waterloo, 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 C 29 BID FORM D-1 Bid Form for an On-Airport Car Rental Concession at the Waterloo Regional Airport 1. The bidder's name and address exactly as it would appear on the Concession Agreement (must be the same entity completing the "Qualifications Questionnaire." 2. Minimum Annual Guarantee (MAG)Fee Commitment The Minimum Annual Guarantee Fee for each year of operation as defined in the Concession Agreement shall be(enter in words and figures): dollar(s) 3. Locations Preference Please list your company's location preference for Rental Car Counters in priority order from first choice to ?act choice. These square foot measurements have been confirmed by the Airport Director. The company picks first will also receive their preference for VIP spaces located immediately outside the baggage claim entrance, and Ready-Service Lot, as shown on Pages 90-91, and Appendix III of this document. Rental Counter A Approximately 230 SF(Currently occupied by Hertz) Rental Counter B Approximately 230 SF(Currently occupied by Avis-Budget) Rental Counter C Approximately 230 SF(Currently Vacant—Reserved by Airport Director) Director's Note: The Airport Director for Waterloo Regional Airport has no intention of filling Rental Car Counter C. I feel at this time, that Waterloo and the Cedar Valley area of NE Iowa would be well served to only contract with two (2) rental car concession companies. 30 This page is reserved for the description of premier rental car spaces, ready-service and assigned parking lot ready spaces. They will be designated pages 33-A, 33-B and 33-C. .e No: 1 — As of July 1, 2019, the Airport Director has required all Airport Terminal Building Tenant Employees to park their personally owned vehicles in the employee lot located west of the Airline Passenger Terminal Building Facility. The current parking spaces located immediately adjacent to the Baggage Claim & Rental Car Counter entrance will be allocated to both rental car concessionaires for VIP cars for their customers only. Note No: 2 — The Concessionaire with the highest Minimum Annual Guarantee will be allowed to utilize three (3) of the five (5) VIP spaces that are located immediately outside the baggage claim entrance of the passenger Terminal for the ready spaces associated with Concessionaire's premium customer base, again, at a rate per vehicle space per month per the five (5)year fees identified on Page 10. Note No: 3 —Due to the current configuration of the rental car lot, and per recent correspondence to current tenant Concessionaires, the rental car return lot will be for the sole use of rental car vehicles, or other vehicles as may be approved by the Airport Director, and shall no longer as of July 1, 2019, be allowed to (tm the lot for the parking of Concessionaire's customers or Car Rental employees' personally owned .�licles. Preference for Ready-Return Spaces located immediately outside the rental car / baggage claim entrance / exit of the passenger Terminal. Row A(Next to Yellow Bollards) Spaces 1 — 18 (Not currently assigned to any Rental Car Concessionaire with dedicated company Signage) Row B Spaces 1 — 16 and 17—32 Row C Spaces 1 — 16 and 17—32 Row D Overflow Spaces 1 — 16 and 17—32 (Available,and as May Be Requested by One or Both Concessionaire/s) Concessionaire will have the ability to use the Wash Stall at the designated Car Wash Facility at rates as stipulated in this agreement. Bid Form D-1 31 [SEAL] DATED: , 2019. The undersigned hereby attests to the accuracy of all statements, answers and representations made in this Bid Form, including all supplementary statements attached hereto (owner, partner, joint venture, authorized officer of corporation). Title Title Title -1 32 WATERLOO REGIONAL AIRPORT City of Waterloo,Iowa 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 IOWA ) COUNTY OF I, representing upon oath depose and state that neither (Uwe) 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''rther depose and state that no part of the contract price received by the affiant was paid or will be paid to u-iy 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. ^gnature 33 * (Bidder if the bidder is an individual; all partners if the bidder is a partnership; or officer if the bidder is a corporation.) Subscribed and sworn to before me this day of , 2019. Notary Public in and for City, (State) My commission expires , 2019. 34 CITY OF WATERLOO, IOWA Waterloo Regional Airport On-Airport Car Rental Concession Agreement THIS CONCESSION AGREEMENT, made and entered into this day of 2019, by and between the CITY OF WATERLOO, IOWA, organized and existing under and by virtue of the laws of the State of Iowa("the City") and a corporation organized and existing under the laws of the State of ("Concessionaire"), having its principal offices at WITNESSETH THAT: WHEREAS, the City currently owns and operates an airport known as the Waterloo Regional Airport ("Airport"), located in Waterloo, Black Hawk County, Iowa; and, WHEREAS, the City deems it advantageous to itself and to its operation of the Airport to lease unto Concessionaire certain premises and to grant unto Concessionaire certain rights, privileges, and uses therein, as necessary to provide car rental service on the property at the Airport; f NOW, THEREFORE, for and in consideration of payment of the fees and charges hereinafter provided, and of the covenants and conditions hereinafter contained to be kept and performed, DO HEREBY AGREE AS FOLLOWS: ARTICLE I TERM OF AGREEMENT Section 1.1. Term. Subject to earlier teiniination and cancellation as hereinafter provided, the term of this Agreement shall be for a period of five (5) years, commencing on or about Wednesday, January 1, 2020, and ending on Tuesday, December 31, 2024. Section 1.2. Option Period. The City, at its sole discretion, may elect to extend the term of the Agreement, under the same terms and conditions, for additional one-year terms or periods, upon written notice to Concessionaire. Said notice shall occur no later than 90 days prior to the expiration of the then current term of the Agreement. Concessionaire may accept or decline the extension within 30 days of the offer to extend. Failure of the Concessionaire to respond by written notice to the City to the offer within 30 days shall be "-Ndered a declination of the offer. 35 ARTICLE II PREMISES { Section 2.1. Premises. Concessionaire shall operate the Concession granted within the premises identified in Sections 2.1.1 and 2.1.2 of this Agreement and indicated on applicable pages of Exhibits "A" and "B" attached hereto and forming a part hereof Section 2.1.1. Rental Counter Space. Approximately 230 square feet of office (140 SF), and rental car counter(90 SF) space in the Terminal Building as indicated in Exhibit A. Section 2.1.2. Ready/Return Lot. Per Concessionaire, a minimum of 32 spaces designated as Rows B & C. Row A includes approximately 18 spaces adjacent to the Yellow Bollards that divide the rental car from the paid passenger parking lot-and will be allocated to the Concessionaire with the highest MAG Rows A & B together as indicated in Exhibit B. Row C will then be allocated to the Concessionaire that bids the second of two bids. Row D, will be considered overflow and shall be allocated to the needs of the two Concessionaires as they so need for their business purposes. 'tion 2.2. Square Footage. Square footage figures appearing throughout Exhibits "A" and "B" have been confirmed via the terminal architect, yet are subject to on-site measurements to be performed by the Bidders. The City hereby agrees to lease to Concessionaire certain space in the Terminal Building and Ready/Return Lot hereinafter described together with certain attendant rights and privileges specifically set forth. ARTICLE III CONCESSION RIGHTS AND PRIVILEGES Section 3.1. Rights Granted. Concessionaire shall have the non-exclusive rights, privileges and obligations to conduct and operate a car rental concession at the Airport. Section 3.2. Right to Operate. The City hereby grants to Concessionaire the non-exclusive right and obligation to service and maintain only passenger-type rental vehicles; to rent and check-in rental vehicles), including the right to offer for sale related loss and collision damage waiver protection, personal injury and accident insurance, supplemental liability, uninsured motorist, and personal effects insurance; to provide -stomer service features including but not limited to child safety seats, GPS vehicle tracking systems, _:,Mite radio devices, and cellular/digital phones assigned or attached to the vehicle. 36 The rights granted shall be carried on solely and exclusively within the limits and confines of the leased premises indicated in Exhibits A and B, attached hereto and made a part hereof, with the exception of support ('ices which may be carried on outside of airport property; subject, however, to the expansion or reduction w any such area specified in Article II hereof and its sections. NOTE: The City is not opposed to Concessionaires consolidating existing local facilities (if applicable) and/or expanding their On-Airport Rental Vehicle Concession to include the rental of trucks, vehicle tow and related equipment associated with a varied inventory of truck or tow equipment, thus to expand the type and level of rental services available to the passenger or member of the general public needing rental services. Rental terms would be the same as for the rental of standard passenger vehicles and airport use privileges would remain the same, with the Airport Director providing on-airfield secure storage of said equipment, if so desired by Concessionaire. Section 3.3. General Obligation to Operate. At the locations indicated herein, Concessionaire shall provide vehicle rental services for passengers and general members of the public, every day of the term hereof, while meeting the needs of the airline passengers, without exception, at approved Hours of Operation. Concessionaire shall take all reasonable measures, in every proper manner, to develop, maintain and increase the business conducted by it under this Agreement. Concessionaire shall actively operate the concession so as to best serve the needs of the public. Section 3.4. Right to Advertise / Promote Products and Services. Concessionaire shall have the right to advertise:brand-name products, other than its own brand-name, within the premises only upon the written approval of the City. Such approval may be withheld if, in the sole discretion of the City, the advertising rights requested by Concessionaire conflict with rights granted under other advertising concession agreements. Concessionaire shall allow the City to promote its brand/s on the airport's website and related marketing materials to encourage future business of the brand/s. This shall be authorized by the Concessionaire, including the Concessionaire-approved use by the Airport Director or his/her designee, of Corporate rental ('\logos,branding, etc. at no cost to the Concessionaire. 37 Section 3.5. Quiet-Enjoyment. Concessionaire, upon payment of fees and charges as described in Article IV hereof, and its sections, and upon observing and keeping the conditions and covenants of this Agreement on part to be observed and kept, shall lawfully and quietly hold, use and enjoy the concession Premises during the term of this Agreement. Section 3.6. Ingress and Egress. Concessionaire shall have the full and free right of ingress to and egress from the Leased Premises — and while exercising due caution for the use of the on-airfield car wash facility due to DHS/TSA gate perimeter security procedures of STOP and WAIT. The City agrees to use its best efforts to keep the routes of ingress and egress to the Leased Premises free from obstruction including the removal of snow, ice, vegetation, stones, and other foreign matter. The City has the right to alter or change the routes of ingress and egress upon giving reasonable notice to Concessionaire, and upon providing other reasonably adequate means of ingress and egress. City is requesting assistance of Concessionaire to temporarily relocate rental vehicles so Airport Maintenance aintenance personnel can perform snow and ice removal in the Ready Spaces and Spaces adjacent to the / gage claim entrance and curbside of the passenger terminal. Section 3.7. Parking Facilities. Concessionaire shall have the right to utilize vehicular parking facilities for Concessionaire's employees in a manner and of a type similar or equal to that provided for employees in areas designated by the Airport Director or his designee. Concessionaire personnel shall expedite the removal of rental car vehicles left by rental car customer, along the main passenger terminal curb, so that they can be serviced and placed back into the ready-service lot. Concessionaire shall, along with during the winter season, provide for the timely removal of vehicles located along the curbline,to allow maintenance personnel to expedite snow removal operations along the curbline. Beginning during the summer of 2019, the Airport Administration Office will issue Parking Permits or Hang Tags to all Terminal Tenant Employees at No Cost during the term of this agreement, and Concessionaire shall require their Concession employees to park their POV's in the employee lot, to free-up available spaces fir Concessionaire VIP and rental vehicles located in the Ready-Service lot. f;. 38 Section 3.8. No Other Uses. Concessionaire shall not use nor permit the concession Premises to be used for any purpose other than as hereinabove set forth except with the prior written consent of the City, nor for any V.-1 in violation of any applicable present or future law, ordinance, rule or regulation of any governmental authority, agency, department or officer thereof, including the use of the premises in the airline passenger terminal building or wash facilities for the use or storage of personal belongings, serve as a temporary employee residence, storage of POV's or recreational vehicles, or other equipment that would not be conducive to the operation of a professional car rental concession. Concessionaire shall not be allowed to conduct used car sales activities or any business activities other than a car rental concession with the specific rights listed in Article III of this agreement without the prior written approval of the Airport Director or his/her designee. ARTICLE IV FEES AND TIME OF PAYMENT Section 4.1. Monthly Rental Payments. As the monthly rent during the teiin of this Agreement, Concessionaire shall pay the following fees, the greater of: e percentage fee applicable to the gross receipts as defined herein at ten percent (10%); or, (b) 1/12th of the Minimum Annual Guaranteed (MAG)rent as defined herein on Page 9 of this document; (2) the monthly fee for rental counter and office space as defined on Page 9 of this document during the term of this agreement. (3) the monthly fee for ready/return lot spaces and VIP spaces allocated to the concessionaire as defined on Page 10 of this document during the term of this agreement. (4) the monthly fee for Terminal Building Utilities for the space allocated to the concessionaire as defined on Page 10 of this document during the term of this agreement. (5) the monthly fee for Rent and Utilities (Gas,Electric,Water and Sewer) for the use of the Car Wash Bay(Garage) as defined on Page 10 of this document, and during the term of this agreement. Section 4.1.1. Percentage Fee. The Percentage Fee shall be Ten Percent (10%) of the gross receipts earned from the business conducted under this agreement as defined herein. Ten Percent(10%) of the monthly gross revenue derived from the operation of vehicle rental service at the Airport, which for the purposes of this frTheement, shall consist of all the areas within said Airport and any areas described by the City ordinance that may apply to rental car businesses, or the Minimum Annual Guarantee—whichever is greater. 39 1 Section 4.1.2. Minimum Annual Fee. The Minimum Annual Guarantee for the first full year of the term, and each year thereafter, is $35,000. auction 4.1.3. Passenger Terminal Space Rental. Beginning with the term of this agreement, the monthly charge for the rental of office and counter space within the Airline Passenger Terminal Building shall be the following as listed during each year of said agreement. Lease rent for the use of the counter and associated office space in the Airline Passenger Terminal Building, including custodial services and terminal building utilities per SF, shall equal the sum of$19.38 per square foot per annum in Year— 1, Year = 2 $20.06, Year— 3 $20.75, Year—4 $21.49, and Year—5 $22.24. Section 4.1.4. Ready/Return Lot Space Rental. The monthly charge for the rental of ready/return lot spaces, and those spaces assigned to the concessionaire located in the large public lot, and the division of five (5) parking spaces adjacent to the entrance to the combined baggage claim/rental car entrance of the passenger terminal building, shall be the sum of as follows during the term of the agreement: Year— 1 $10.00 per space per month; Year - 2 $11.25 per space per month; Year— 3 $12.50 per space per month; Year—4 $13.75 per space per month; and, Year—5 $15.00 per space per month. DIRECTOR'S NOTE Concessionaire shall not allow Concessionaire's customers to park their Personally Owned Vehicles (POV's) in the rental car lot during the term of the rental agreement, and shall instruct rental car customers to park their POV's in the paid passenger parking lot during the term of the rental agreement. Section 4.1.5. Annual Adjustment. At the end of each 12 month period during the term hereof', the City shall prepare and submit to Concessionaire a statement showing the total percentage charge for the previous 12 month period. Section 4.2. Refuse Removal. Concessionaire shall comply with the provisions of Section 5.10 herein with regard to the disposition of trash and garbage at the Rental Car Service Garage. The City shall maintain garbage or refuse disposal areas for use by concessionaires at this location. Concessionaire shall pay an equal 50 / 50 share of the costs of monthly servicing of the refuse container whereby fees shall not exceed $50.00 per month per Concessionaire. 40 Concessionaire shall not dispose of any unauthorized items, liquids or solids, or any material that may be considered a hazard for disposal. ,oncessionaire shall allow daily access, or access as agreed upon, for City's contract custodial services provider to perform standard custodial duties, and shall not be limited to the following: Dusting / Waste Basket Removal / Vacuuming / Carpet Cleaning / Other. Annual cleaning of carpet shall be included at no additional charge as part of the terminal lease rents. Section 4.3. Other Fees and Charges. If the City has paid any sum or sums, or has incurred any obligations or expense which Concessionaire had agreed to pay or reimburse the City for, or if the City is required or elects to pay sum(s) or ensure obligations or expense(s) by reason of the failure, neglect or refusal of Concessionaire to perform or fulfill any of the conditions, covenants or agreements contained in the Agreement, or as a result of an act or omission of Concessionaire contrary to said conditions, covenants and agreements. Concessionaire shall pay the sum(s) so paid or the expense(s) so incurred, including all interest, costs, damages and penalties, and the same may be added to any installment of the fees and charges thereafter due ;under, and each and every part of the same shall be and become additional fees and charges, recoverable uy the City in the same manner and with like remedies as if it were originally a part of the basic fees and charges. Concessionaire shall also be responsible for the payment of all telephone, telefax, company interne or fiber- optic access fees, or other related or associated fees for the day-to-day operation of the rental car station or concession. Section 4.4. Method of Payment. The procedure for the payment of the fees and charges shall be as follows: Section 4.4.1. Payment Location. All fees and charges payable hereunder shall be paid to: Waterloo Regional Airport, Attn: Airport Director, 2790 Livingston Lane, Waterloo,Iowa 50703. Section 4.4.2. Monthly Rental Payments. The rental fees and charges to be paid by Concessionaire to the City hereunder shall be payable in monthly installments throughout the term of this Agreement. 30 calendar days after the end of each calendar month, Concessionaire shall pay the City, as the fees charges for such calendar month: (1) one-twelfth (1/12) of the guaranteed Minimum annual fee as 41 defined in Section 4.1.2 herein or the percentage charge as defined in Section 4.1.1 herein, whichever sum is greater; (2) the monthly Terminal space rental as defined in Section 4.1.3 herein, (3) the monthly ly/return lot space rental as defined in Section 4.1.4 herein,and (4) employee parking. Section 4.4.3. Monthly Rental Report. Concessionaire shall submit a monthly accounting of the gross receipts received at the location operated by Concessionaire under this Concession Agreement. Each monthly accounting shall be in such manner and detail and upon such forms as maybe prescribed by the City. Each monthly report shall be due on the same date and at the same address as the payment for that month is due within 10 calendar days after the end of each calendar month. Section 4.5. Late Payment. Any payment not received by the due date shall accrue interest payable at the rate of 1.5%per month from the due date until paid in full. Section 4.6. Pro Rata Payment. If the commencement or teiniination of this Agreement falls upon any date other than the first or last day of any calendar month, the applicable fees and charges for said month shall be in the same proportion that the number of days the Agreement is in effect for that month bears to the total iber of days in that month. Section 4.7. Audit Reports. Concessionaire agrees to keep true and accurate accounts, records, books and data which will show in a standard acceptable form the income, including taxes, surcharges, and gross receipts as herein defined, as separate line items of said business operated at and upon the Leased Premises of the Airport, which books and records shall be open for inspection by authorized representatives of the City at all reasonable times during normal business hours. The City reserves the right, either directly, or through an agent, to make necessary detailed audits as required at any time during the agreement period and for 12 months after the termination of the agreement. In addition, Concessionaire agrees to furnish to the City annually a certified copy of an audit thereof by Concessionaire's Certified Public Accountant. Such audit shall be in a form acceptable to the auditors of the City and shall be due to the City at the office of the Airport Director no later than 90 days after the end of each agreement year(Ex: September 30). 42 Section 4.8. Gross Receipts Defined. "Gross Receipts" shall include all receipts, whether by coin or currency, on account, by check or credit card, collected or uncollected, whether conducted on or off airport, (/`1ved by Concessionaire as a result of its operation of the concession rights herein granted, without any c;Aclusion whatever, except those expressly permitted under Sections 4.8.1 through 4.8.5. Gross receipts shall include the total amount actually charged to the customer by the concessionaire for or in connection with the use of an automobile contracted for, delivered, or rented to the customer at the Airport, regardless of where or by whom the payment is made or where the vehicle is returned, including any sums received from the customer for waiver by the Concessionaire of its rights to recover from customers for damage to the automobile rented, acceptance of personal accident, personal effects, or any other insurance offered on the Concessionaires car rental agreement, children's car seats, cellular phones, charges for cellular phone use, and other services, items, and equipment associated therewith. Gross receipts shall include vehicle rentals from General Public (Walk-Up) rentals, to include rentals to or for the Fixed Based Operator and/or the customers of the Fixed Base Operator. Section 4.8.1. Taxes. Federal, state, or municipal sales or similar taxes which are separately stated on the ('-al agreement and collected by Concessionaire from the customer, provided all such taxes are properly accounted for and recorded; Section 4.8.2. Damage Reimbursement. Sums received by the Concessionaire for damage to cars or Concessionaire's property or Premises, or for loss, conversion, or abandonment of automobiles; Section 4.8.3. Transfers of Equipment. The value of any equipment exchanged or transferred from or to other business locations of Concessionaire, where such exchanges or transfers are not made for the purpose of avoiding a rental by Concessionaire which would otherwise be made from or at the concession Premises; Section 4.8.4. Refunded Receipts. Receipts with respect to any refund made to customers, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit, providing the refund and reason therefore is documented along with the name and address of the person receiving the refund; ion 4.8.5. Fueling Services. Amounts billed and paid by customers for all fueling services. 43 ARTICLE V SERVICE STANDARDS Section 5.0. Service Standards. This Section and its sub-sections address Concessionaire's customer service and operational obligations. Section 5.1. Automobiles. Concessionaire shall offer for rental only popular-make automobiles no more than two model years old. The term "car" and "automobile" include cars, sedans, vans, sport utility vehicles, station wagons, trucks, and for this specific concession agreement, cargo trucks, truck dolly's and related tow equipment for those vehicle rental concessionaires that wants to provide this level of rental service from the Waterloo Regional Airport. All automobiles provided by the Concessionaire shall be maintained in good and safe operating order, free from any known mechanical defects, and be rented in a clean, neat, and attractive condition both inside and out, and shall be rented with a full-level of fuel. Concessionaire shall at all times maintain a sufficient number of automobiles to meet all reasonably L foreseeable demands of the traveling and walk-up public. Section 5.2. Forms of Payment. Concessionaire shall accept at least three nationally recognized credit cards for payment from customers for vehicle rentals. Section 5.3.Reservation Sales System. Concessionaire shall provide for a nationally based 1-800 phone number and web or internet based reservation sales systems for its vehicle rental services at the Airport. Section 5.4. Fair Business Practices. Concessionaire shall not misrepresent its prices, its services rendered, or the terms and provisions of its rental agreements, or those of its competitors. The Concessionaire shall fully inform each customer, prior to the execution of such customer's rental agreement, of all fees and charges applicable to such customer's rental. 44 If the City determines, after notice and opportunity for concessionaire to comment, that any of Concessionaire's business practices are unreasonable, deceptive, or unconscionable, Concessionaire shall iediately cease such practices after receipt of written order to do so from the City. Section 5.5 Concession Personnel. Concessionaire shall, at its cost, furnish prompt, courteous and efficient service and shall ensure polite and non-offensive conduct and demeanor on the part of its representatives, agents and employees, collectively referred to herein as "Rental Car Personnel". Concessionaire shall employ or permit the employment of only such personnel, and in the numbers of personnel, as to ensure a High-Standard of customer and rental car/vehicle services to the public. All personnel employed by the Rental Car Concessionaire, while on or about the concession Premises, shall be neat and clean in appearance, well-groomed, courteous and professional at all times, and shall be appropriately attired with appropriate Rental Car branding attire or uniforms, with name or I.D. badges or other suitable means of identification, in such instances as are appropriate. NOTE: The City of Waterloo's Human Resources office can assist in producing name or I.D. badges for cessionaire personnel at no cost to the Concessionaire. Concessionaire Manager shall contact the Airport Director for more information. No personnel, while on or about the concession Premises, shall use improper or inappropriate language, act in a loud, boisterous or otherwise improper way, or be permitted to solicit business in an inappropriate manner. Section 5.6. Rental Car Manager. Concessionaire shall select and appoint a Manager of Concessionaire's operations at the Airport. Such person must be a highly qualified, competent and experienced manager. Said Manager shall be assigned to a duty station or office at the Airport, where he or she shall ordinarily be available during regular business hours and where, at all times during his /her other absences, a responsible subordinate shall be in charge and available. f 45 Section 5.7. Hours of Operation. In each location and on each day, Concessionaire shall operate during those hours as are necessary to adequately serve the public demand for the traveling public, as said demand be determined and re-determined by the Airport Director in the event the airline schedule may change due to quarterly, seasonal or Holiday period changes in the flight schedules. Concessionaire shall advise the Airport Director of its hours of operation in writing. However, Concessionaire shall continue to extend the Hours of Operation to accommodate late arriving flights to ensure that vehicle reservations are properly transacted — unless the Concessionaire has received notification by Airport or Airline Station Personnel that the late arriving flight has been officially cancelled. Section 5.7.1. Minimum Hours of Operation. For the Greater Waterloo — Cedar Falls area, it has been the observation of the Airport Staff that our rental car concessionaires, have a reputation for a wonderful "Walk-Up"Business, and would encourage that reputation to not just continue,but expand. Additionally, with an expanded level of vehicle rental services, the Airport Director has the expectations that the walk-up business has every opportunity to improve —especially if location consolidation occurs to allow the Waterloo Regional Airport to be a singular location for the rental of a wide variety of vehicle _al services. Therefore, Concessionaire shall be obligated to operate the facilities for the hours which are defined in this Section 5.7.1 until such time as the Airport Director requests that hours be extended. The initial Minimum hours each day shall be as follows: Opening: Open for Discussion at Pre-Bid Conference Closing: Open for Discussion at Pre-Bid Conference Section 5.7.2. Curtailment of Hours Beyond Control. Concessionaire shall be excused from its obligations as set forth in Sections 5.7 through 5.7.1 in the event that its operations are closed or curtailed, in whole or in part, by reason of a strike, lockout or a cause beyond its control, yet Concessionaire shall advise the Airport Director of such curtailment, and to advise the Airport Director of vehicle reservations to current customers and the best-methods Concessionaire will use to accommodate the Passenger or Customer that has pre-existing reservations. 46 Section 5.7.3. Airport Director May Alter Hours. The Airport Director, or his/her designee, may, on 72- hour notice to Concessionaire, require earlier opening times or later closing times for any location. icessionaire shall comply with said hours. The Airport Director may, from time to time, authorize a later opening or earlier closing time for any location, provided it first finds that Concessionaire has submitted adequate justification therefore. Section 5.8. Prohibited Acts. Concessionaire shall not do, or permit, to be done anything specified in Sections 5.8.1 through 5.8.6. Specifically, it shall not: Section 5.8.1. Interfere with Access. Do anything which may interfere with free access and passage in the concession Premises or the areas adjacent thereto, or in the elevators, streets or sidewalks of the Airports, or hinder police, fire fighting or other emergency personnel in the discharge of their duties, or hinder access to utility, heating, ventilating or air-conditioning systems, or portions thereof, on or adjoining the concession Premises. Concessionaire shall provide the City and to the attention of the Airport Director, a key for access to /Thcessionaire's Passenger Terminal Office for safekeeping in the Master Key box located in the Airport Administration Office. Section 5.8.2. Interfere with Systems. Do anything which may interfere with the effectiveness of electrical utility, heating, ventilating or air-conditioning systems or portions thereof on or adjoining the concession Premises (including lines, pipes, wires, conduits and equipment connected with or appurtenant thereto) or interfere with the effectiveness of, if applicable, elevators in or adjoining the concession Premises, or overload any floor in the concession Premises. This shall include the overloading of any electrical circuits for the use of any Concession-owned and office- related equipment or furnishings. 47 Section 5.8.3. Install Unauthorized Locks / Sharing of Perimeter Gate Access Cards. The placement of any additional lock of any kind upon any window or interior or exterior door in the concession Premises, or 1 :e any change in any existing door or window lock or the mechanism thereof, nor refuse, upon the expiration or sooner termination of this Agreement, to surrender to the Airport Director, or his designee, any and all keys to the interior or exterior doors on the concession Premises, whether said keys were furnished to or otherwise procured by Concessionaire, and in the event of the loss of any keys furnished by the Airport Director or his/her designee, Concessionaire shall pay the City, on demand,the cost for replacement thereof, and the cost of re-keying the City's locks including the cost for City personnel to complete such. Furthermore, employees or personnel employed by the Concessionaire, shall not share access to the Car Wash Facility, via the West Perimeter Gate, and the Proximity Gate Cards that have been issued to the Rental Car Station. Section 5.8.4. Increase Liability. Do any act or thing upon the concession Premises which will invalidate, suspend or increase the rate of any fire insurance policy required under this Agreement, or carried by the City, covering the concession Premises, or the buildings in which the same are located or which, in the opinion of the Airport Director, may constitute a hazardous condition that will increase the risks normally ndant upon the operations contemplated under this Agreement. If, by reason of any failure on the part of Concessionaire after receipt of notice in writing from the City to comply with the provisions of this paragraph, any fire insurance rate on the concession Premises, or any part thereof, or on the buildings in which the same are located, shall at any time be higher than it normally would be, then Concessionaire shall pay the City, on demand, that part of all fire insurance premiums paid by the City which have been charged because of such violation of failure of Concessionaire; provided, however, that nothing contained herein shall preclude Concessionaire from bringing, keeping or using on or about the concession Premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its business, or from carrying on said business in all respects as is customary; Section 5.8.5. Permit Loitering, Lodging or Misc. Use. Permit undue loitering on or about the concession Premises or use the concession Premises, or any part thereof, for the temporary lodging or sleeping of Concession employees, or, for either the Short or Long Term storage of personally owned items, and/or ',ides, or the maintenance servicing of either Concessionaire or Personally Owned Vehicles. 48 Section 5.8.6. Permit Unlawful Use. Use or allow the concession Premises to be used for any improper, immoral,unlawful or objectionable purposes. section 5.9. Signs, Advertising & Displays. Concessionaire shall not erect, construct or place any sign, advertisement or display upon any portion of the Premises without first obtaining the prior written approval of the City of Waterloo and that of the Airport Director. Concessionaire shall not erect, construct or place any sign, advertisement or display outside the Premises without the approval of the Airport Director. Signage for the VIP spaces located outside the baggage claim entrance, will be provided for by the Concessionaire, and if requested by Concessionaire, installed by Airport Maintenance personnel. Signage for the Ready / Return Spaces located in the rental car parking lot, shall be of new condition, and shall be installed as jointly agreed to by the Concessionaire and the Airport Director. Signs for the VIP spaces or the Ready/Return Parking Lot, shall be replaced as necessary due to natural weathering, damage, or other type of defacing to the sign or signs. ('' ion 5.9.1. Removal of Signs. Upon the termination, cancellation or expiration of this Agreement, Concessionaire shall remove, obliterate or paint out, any and all of its signs, advertising and displays as the Airport Director may direct. If Concessionaire fails to do so,the City may cause said work to be done at the expense of Concessionaire. Section 5.10. Removal of Garbage and Refuse. Concessionaire shall strictly comply with all Airport and other rules and regulations regarding the disposition of trash and garbage. Office area trash or refuse will be provided for Concessionaire for their terminal area office as part of the Custodial Services provided to Concessionaire as a part of this agreement. The Concessionaire shall regularly remove from all concession Premises (Ex: Car Wash Facility) to the garbage or refuse disposal area all rubbish, refuse and garbage, and shall remove the accumulation of all such material in said garbage or refuse disposal area at frequent intervals. 49 The accumulation of trash, boxes, cartons, barrels or other similar items shall not be permitted in any public area at the Airport. Section 5.11. Taxes. Concessionaire shall pay all taxes of whatever character that may be levied or charged upon the rights of Concessionaire to use the concession Premises, or upon Concessionaire's improvements, fixtures, equipment or other property thereon or upon Concessionaire's operations hereunder. Section 5.12. Licenses and Permits. Concessionaire shall obtain and pay for all licenses and permits necessary or as may be required by law for the conduct of said operations on the Airport Premises. Section 5.13. Illegal / Unauthorized Use of Terminal Utilities. Concessionaire shall not tap into, construct, extend, or use existing teiruinal utility services, up to and including electrical, gas, communication, Cable TV, or using other connections without the first written approval by the Airport Director or his/her designee. ARTICLE VI OBLIGATIONS OF CITY Section 6.0. Obligations of the City. During the term of this Agreement, the City agrees and covenants to �-- meet the following obligations and provide the following services: Section 6.1. Maintenance of Public Areas. The City shall maintain the public areas of the Airline Passenger Terminal Building in good order, and shall maintain approaches to the Terminal Building and Rental Car Ready Service Lot, and the public ways adjacent thereto in a usable condition at all times, subject to reasonable interruptions due to inclement weather. NOTE: Concessionaire shall assist The City when requested, to relocate the vehicles along the Curbline, VIP Spaces, and in the rental car ready service lot for the benefit of snow and ice control (removal) during the winter season; Section 6.2. Electric Service. The City shall, at its sole expense, furnish to the Leased Premises electric power lines and service needed by Concessionaire in the conduct of its business; 50 Section 6.3. Employee Parking. The City shall provide automobile parking spaces for employees of Concessionaire in such a manner similar to or equal that provided for employees of other Airport agencies, nts, etc. Concessionaire employees shall park their personally owned vehicle in the Employee Parking Lot located west of the Airline Passenger Terminal building. Employee parking peiinits shall be issued on an annual basis on or around July 1, 2019, yet there will be no fee associated with the employee parking permit. The parking permit for airport and terminal tenant and concession employees is to ensure that no unauthorized personnel are using the employee parking lot without authorization. ARTICLE VII DISADVANTAGED BUSINESS ENTERPRISE PROGRAM :ion 7.0. Disadvantaged Business Enterprise Program. It is the policy of the City of Waterloo that Disadvantaged Business Enterprises (DBE) businesses shall have the maximum opportunity to share in the benefits from airport concession leasing through substantial and meaningful participation. Concessionaire agrees to develop and implement a plan for including DBE participation in the performance of the contract in the event that a Federal regulation governing such a program for car rental concessions is issued. The Airport Director shall, at the request of Concessionaire, to allow the Concessionaire to review the Airport's DBE Concession Plan that has an effective date of May, 2018. 51 ARTICLE VIII IMPROVEMENTS Section 8.0. Condition of Premises. The City shall deliver the concession areas specified herein to the Concessionaire, finished (drywall) walls and ceilings and finished floors. Utilities will be delivered to the Premises. The Concessionaire shall accept such Premises "as-is, where-is." Section 8.1. Improvement Proposal. Concessionaire shall design and construct its facilities as proposed by Concessionaire, and as maybe accepted and approved by the City. Section 8.2. Improvements Required of Concessionaire. Concessionaire shall provide all improvements which are necessary to operate said concession to the satisfaction of the City, including all finishes, equipment and signage as finally approved by the City. Section 8.3. No Liens. All construction work done, equipment supplied and installed, and any and all exterior or interior design/s and decor/s furnished by Concessionaire pursuant to this Section shall be at its r 'e cost and expense, free and clear of liens for labor and material, and Concessionaire shall hold the City Waterloo, Iowa, harmless from any liability in respect thereto. Section 8.4. City Approval of Improvements. Prior to any work being approved for the beginning of work, Concessionaire shall obtain the City's written approval of all drawings, designs and plans, and shall obtain all other permits and approvals required by law. Section 8.5. Overall Construction Program. Prior to the construction and installation of improvements including furniture, furnishings, equipment, and signage, Concessionaire shall first prepare a time schedule for same, which shall be subject to approval of the City. The schedule must comply with the requirement for facilities to be operational upon commencement of rental operations. Section 8.6. Future Work. After completion of the improvements and installation of equipment and interior design and decor, as above provided, Concessionaire shall not make any structural alterations to the ceilings, walls or floors of any permanent improvements which it constructs or installs in the concession areas bout first obtaining the City's written consent. 52 Section 8.7. Building Codes. All structural or other improvements, equipment and interior design and decor constructed or installed by Concessionaire in the concession areas, including the plans and specifications Mfore, shall in all respects conform to and comply with the applicable statutes, ordinances, building codes, rules and regulations of the City and such other authorities as may have jurisdiction over the concession areas or Concessionaire's operations therein. The approval by the City provided the above shall not constitute a representation or warranty as to such conformity or compliance, but the responsibility shall at all times remain with Concessionaire. Section 8.8. Other Permits. Concessionaire, at its sole cost and expense, shall also procure all building, fire, safety and other permits necessary for the construction of the structural and other improvements, installation of the equipment and the interior design and decor. Section 8.9. Workers' Compensation. Prior to commencement of any such construction, Concessionaire shall first submit to the City a certificate of insurance evidencing the fact that Concessionaire and/or any construction contractors, sub-contractors maintain workers' compensation and employers' liability coverage in the amounts and form as may be required by the Workers' Compensation Act and the insurance laws of State of Iowa. Such certificate shall contain the applicable policy number and the inclusive date for same, shall bear an original signature of an authorized representative of the insurance carrier, and shall also provide thereon that the insurance shall not be subject to cancellation or material change except after notice to the City at least 30 days prior to the date of cancellation or material change. ARTICLE IX MAINTENANCE AND REPAIR Section 9.0. Maintenance and Repair. Concessionaire shall, at all times and at its expense, keep and maintain the concession Premises, including all improvements installed on the Premises together, with all of its fixtures, plate and mirror glass, equipment and personal property therein, in good repair and in a clean, neat, and orderly condition and appearance. 53 Section 9.1. Maintenance Program. Concessionaire shall maintain and repair all interior areas and surfaces of the Premises, including sweeping, washing, servicing, repairing, replacing, cleaning and interior painting may be required to properly maintain the Premises in a safe, clean, wholesome, sanitary, orderly and attractive condition. Section 9.2. City May Repair. In the event Concessionaire fails to accomplish such nonstructural repairs, replacements, rebuilding, redecorating or painting required hereunder within a period of 10 days after written notice from the City to do so, or Concessionaire fails to diligently repair, replace, rebuild, redecorate or paint all the Premises required to be repaired, replaced, rebuilt, redecorated or painted by Concessionaire, the City may, at its option, and in addition to all other remedies which may be available to it, repair, replace, rebuild, redecorate or paint any such Premises included in said notice, the cost thereof, plus fifteen (15%) percent for administrative overhead,to be paid by Concessionaire to the City on demand. Section 9.3. Right to Enter Premises. The City shall have the right to enter upon the concession Premises at all reasonable times to make such repairs, alterations and replacements as may, in the opinion of the Airport Director, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the concession Premises new lines, pipes, mains, wires, conduits and equipment; provided, sever, that such repair, alteration, replacement or construction shall not unreasonably interfere with the use of the concession Premises by Concessionaire and provided rather, that nothing herein shall be so construed as relieving Concessionaire of any obligation imposed upon it herein to maintain the concession areas and the improvement and utility facilities therein. The City shall have the right to enter the Premises at any time to maintain or repair the premises if so directed by, and if so compensated by the Concessionaire, and shall maintain any emergency system when loss of life or damage to property may result. Concessionaire shall supply the Airport Director, or his/her designee, a key for entry into the premises. 54 ARTICLE X EXPANSION OR REDUCTION OF PREMISES Section 10.0. Reallocation of Ready / Return Spaces. The City may, at its discretion, review the allocation of ready/return spaces on an annual basis to insure the appropriate allocation of spaces amongst car rental concessionaires. Within 60 days of the end of each contract year, the City may compare the number of ready/return spaces allocated to each car rental Concessionaire to the total number of ready/return spaces available. The City may also compare the revenues paid to the City by each Concessionaire to total revenues paid by all car rental Concessionaires. If the City, in its sole discretion, determines that the allocations are significantly disproportionate, the City may reallocate the number of ready/return spaces between concessionaires. Concessionaire will surrender the designated number of spaces and submit to any reallocation which the City determines necessary utilizing this method. ARTICLE XI TERMINATION OR CANCELLATION Section 11.0. Cancellation or Termination by the City. The City shall have the right to cancel or terminate this Agreement in its entirety and all rights ensuing therefrom upon giving a 30 day written notice to Concessionaire if any one or more of the events appearing in provisions 11.1.1 through 11.1.15 occur: Section 11.1.1. Delinquent Payments / Reports. If Concessionaire fails to pay the fees and charges, or to make any other payments required hereunder, fails to file gross receipts reports or, other financial reports when due to the City within 10 days after receipt of written notice from the City of delinquency thereof; Section 11.1.2. Recurring Disputes. Concessionaire disputes deficiency assessments repeatedly, or is PQsessed liquidated damages of more than$5,000 annually; 55 Section 11.1.3. Incomplete Records. Concessionaire fails to maintain adequate records and accounts reflecting its business and gross receipts; Section 11.1.4. Revocation of Licenses. An act occurs which results in the suspension or revocation of the rights, powers, licenses, permits and authorities necessary for the conduct and operation of the business authorized herein for a period of more than 30 days. Concessionaire shall advise the Airport Director immediately, of any suspension or revocation action assessed against the Concessionaire, which may impact its business operations at the Waterloo Regional Airport. Section 11.1.5. Transfer of Interest. The interest of Concessionaire under this Agreement is transferred, passes to, or devolves upon, by operation of law or otherwise, any other person, firm or corporation without the written consent of the City; Section 11.1.6. Consolidation or Dissolution. Concessionaire becomes, without the prior written approval of the City, a successor or merged corporation in a merger, a constituent corporation in a consolidation or a 1ioration in dissolution; Section 11.1.7. Failure to Perform. Concessionaire fails to keep, perform and observe each and every promise, covenant and condition set forth in this Agreement on its part to be kept, performed or observed after receipt of written notice of default from the City, except where fulfillment of Concessionaire's obligation requires activity over a period of time, and Concessionaire has commenced to perform whatever may be required within 10 days after receipt of such notice, and continues such performance without interruption except for causes beyond its control; Section 11.1.8. Attachment. An attachment or execution is levied, or a receiver is appointed, or of any other process of any court of competent jurisdiction is executed, which is not vacated, dismissed or set-aside within a period of 90 days, and which does, or as a direct consequence of such process, will interfere with Concessionaire's use of the concession Premises, or with its operations under this Agreement; 56 Section 11.1.9. Insolvency. Concessionaire becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in ,--% ruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws, or under any other law or statute of the United States, or of any state law, or consents to the appointment of a receiver, trustee or liquidator, of all or substantially all of its property, or its property located within the concession areas of the defined Premises; Section 11.1.10. Bankruptcy. By order or decree of court, Concessionaire is adjudged bankrupt, or an order is made approving a petition filed by any of the creditors or stockholders of Concessionaire seeking its reorganization or the readjustment of its indebtedness under the federal bankruptcy laws, or under any law or statute of the United States, or any state thereof; Section 11.1.11. Petition for Bankruptcy. A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency laws or statute is filed against Concessionaire and is not dismissed within 120 days; Section 11.1.12. Control by Receiver. By or pursuant to, or under authority of, any legislative act, lution or rule, order or decree of any court, governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator takes possession or control of all or substantially all of the property of Concessionaire, and such possession or control continues in effect for a period of 120 days; Section 11.1.13. Adverse Operation. Service ceases or deteriorates for any period which, in the opinion of the City materially and adversely affects the operation of service required to be performed by Concessionaire under this Agreement; Section 11.1.14. Lien. Any lien is filed against the concession Premises because of any act or omission or Concessionaire and such lien is not removed, enjoined or a bond for satisfaction of such lien is not posted within 60 days; or Section 11.1.15. Abandonment. Concessionaire voluntarily abandons, deserts, vacates or discontinues its operation of the business herein authorized. 57 Section 11.2. The City's Rights of Re-entry. The City shall, as an additional remedy, upon the giving of written notice of cancellation or termination as above provided in Section 11.0, and its subsections, have the t to re-enter the Premises and every part thereof on the effective date of cancellation or termination without notice of any kind, remove any and all persons therefrom and regain and resume possession either with or without the institution of summary or legal proceedings otherwise. Such reentry, however, shall not in any manner affect, alter or diminish any of the obligations of Concessionaire under this Agreement. Section 11.3. Surrender of Possession. Concessionaire covenants and agrees to yield and deliver possession of the concession Premises to the City on the date of the termination, cancellation or expiration of this Agreement promptly, peaceably, quietly and in as good order and condition as the same now are or may be hereafter improved by Concessionaire of the City, reasonable use and wear and tear thereof excepted. Section 11.4. Right to Remove Equipment. Subject to the provisions of Article VIII and its subsections herein, Concessionaire shall have the right to remove its equipment, supplies, furnishings, inventories, removable fixtures and other trade fixtures and personal property from the concession Premises. If Concessionaire fails to remove said property, said property shall be considered abandoned and the City may dispose of same as it sees fit. Section 11.5. Acceptance is Not a Waiver. No acceptance by the City of the fees and charges for other payments specified herein, in whole or in part, and for any period or periods, after a default of any of the terms, covenants and conditions to be performed, kept or observed by Concessionaire, other than the default in the payment thereof, shall be deemed a waiver of any right on the part of the City to cancel or terminate this Agreement on account of such default. Section 11.6. Waiver is Not Continuous. No waiver by the City at any time of any default on the part of Concessionaire in the performance of any of the terms, covenants or conditions hereof to be performed, kept or observed by Concessionaire shall be, or be construed to be a waiver at any time thereafter by the City of any other or subsequent default in performance of any of said terms, covenants or conditions, and no notice 1— the City shall be required to restore or revive time as of the essence hereof after waiver by the City of l ault in one or more instances. 58 Section 11.7. Survival of Concessionaire's Obligations. In the event this Agreement is terminated or canceled by the City, or in the event the City re-enters, regains or resumes possession of the concession .--yises, all of the obligations of Concessionaire hereunder shall survive and shall remain in full force and __ect for the full term of this Agreement. Section 11.8. Exercising the City's Right of Cancellation. The City may exercise such rights of termination and/or cancellation as provided herein by written notice to Concessionaire after passage of the applicable time period provided herein and this Agreement shall terminate as of the date of receipt of said notice by Concessionaire. Any fees due hereunder shall be payable only to said date of termination and/or cancellation and thereafter all of Concessionaire's rights and privileges and the City's obligations shall cease and all improvements made by Concessionaire upon the Leased Premises shall remain in or upon the Leased Premises and shall become the property of the City. It is agreed that failure of the City to declare this Agreement terminated or canceled upon the default of Concessionaire for any of the reasons set forth herein shall not operate to bar or stop the City from declaring Agreement terminated or canceled by reason of any subsequent violation of the terms of this Agreement. Section 11.9. Cancellation or Termination by Concessionaire. This Agreement may be canceled or terminated by Concessionaire by giving a Ninety Day (90-Day) written notice to the City upon the happening of one or more of the occurrences specified in Sections 11.9.1 through 11.9.5. Section 11.9.1. Permanent Abandonment. The permanent abandonment of the Airport's Airline Passenger Terminal Building for use by airlines, or the permanent removal of all certificated scheduled passenger airline service from the Airport; Section 11.9.2. Material Restriction of Operation. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least 90 consecutive days; 59 Section 11.9.3. Major Destruction of Premises. The complete destruction of one third (1/3`d) or more of the concession Premises from a cause other than the negligence or omission-to-act of Concessionaire, its contractors, agents or employees, and the subsequent failure of the City to repair or reconstruct said Premises within 12 months after such destruction; Section 11.9.4. Federally-Required Amendments. Any exercise of authority as provided in Section 15.25 hereof which shall so interfere with Concessionaire's use and enjoyment of the concession Premises as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States. Section 11.9.5. Default by The City. The default by the City in the performance of any covenant or agreement herein required to be perfoiiiied by the City and the failure of the City to remedy such default for a period of 60 days after receipt from Concessionaire of written notice to do so. Section 11.10. Exercising Concessionaire's Right of Cancellation. Concessionaire may exercise such rights of cancellation and termination by written notice to the City at any time after the passage of the applicable period provided herein and the fees due under this Agreement shall be payable only to the date of said iination or cancellation and thereafter all of Concessionaire's rights and privileges and the City's obligations shall cease, and all improvements made by Concessionaire upon the Leased Premises shall remain in or upon the Leased Premises and shall become the property of the City. It is agreed that the failure of Concessionaire to declare this Agreement terminated or canceled upon the default of the City for any of the reasons set forth herein shall not operate to bar or stop Concessionaire from declaring this Agreement terminated or canceled by reason of any subsequent violation of the terms of this Agreement by the City. Section 11.11. Removal of Improvements. Concessionaire shall have the rights to execute the removal of the improvements, installed as part of this agreement, subject to the conditions provided in Section 11.11.1 through Sub-Section 11.11.1 — 11.11.2. 60 Section 11.11.1. Damaged Improvements. In the event that the structural or other improvements or furnishings and supplies constructed or installed by Concessionaire in any, on, or all of the various ,ession Premises are damaged or destroyed, in whole or in part, from any cause whatsoever, .,uncessionaire shall forthwith proceed with the removal of the debris and damaged or destroyed structural or other improvements, equipment, furnishings and supplies and thereafter shall proceed with all dispatch with the reconstruction work necessary to restore the damaged or destroyed concession Premises to the condition they were in prior to the occurrence of such damage or destruction and all costs and expenses incurred in connection therewith shall be paid by Concessionaire. Section 11.11.2. The City May Renovate. If, during the last month of this Agreement, Concessionaire has removed all, or substantially all of its property from the concession Premises, the City may enter said Premises and alter, renovate or redecorate the same. ARTICLE XII DAMAGE OR DESTRUCTION OF PREMISES Section 12.1. Damage or Destruction to Premises. In the event of Damage or Destruction to Premises, Sections 12.1.1 through 12.1.4 shall apply. Section 12.1.1. Partial Damage. If all or a portion of the Leased Premises are partially damaged by fire, explosion, the elements, public enemy or other casualty, but not rendered uninhabitable, the same will be repaired with due diligence by the City at its own cost and expense, subject to the limitations as hereinafter provided, however, that if said damage is caused by the negligence or omission to act of Concessionaire, its subcontractors, agents or employees, Concessionaire shall be responsible for reimbursing the City for the cost and expenses incurred in such repair. Section 12.1.2. Extensive Damage. If the damages are so extensive as to render the concession Premises or a portion thereof uninhabitable, but are capable of being repaired within 30 days, the same shall be repaired with due diligence by the City at its own cost and expense, subject to the limitations as hereinafter provided, and an appropriate portion of the fees and charges payable herein shall abate from the time of the damage 1 such time as the Premises are fully restored and certified by the City as again ready for use; provided, 61 however, that if said damage is caused by the negligence or omission to act of Concessionaire, its subcontractors, agents or employees, said fees and charges will not abate and Concessionaire shall be ,onsible for reimbursing the City for the cost and expenses incurred in such repair. Section 12.1.3. Complete Destruction. In the event all or a substantial portion of the concession Premises are completely destroyed by fire, explosion,the elements, public enemy or other casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more than 30 days, the City shall not be obligated to repair, replace or reconstruct said Premises, and a proportionate portion of the fees and charges payable hereunder shall abate as of the time of such damage or destruction and shall henceforth cease until such time as the said Premises are fully restored. If within 12 months after the time of such damage or destruction, the Premises have not been repaired or have been reconstructed, the Concessionaire may cancel this Agreement in its entirety as of the date of such damage or destruction. Section 12.1.4. Destruction Due to Negligence. Notwithstanding the foregoing, if the Concession Premises, or a substantial portion thereof, are completely destroyed as a result of the negligence or omission to act of kcessionaire, its subcontractors, agents or employees, said fees and charges shall not abate, and the City may, at its discretion, require Concessionaire to repair and reconstruct said Premises within 12 months of such destruction, and shall pay the cost therefore, or, the City may repair and reconstruct the same within 12 months of such destruction, and Concessionaire shall then be responsible for reimbursing the City for the cost and expenses incurred in the execution of such repair. Section 12.2. Limits of The City's Obligations. In the application of the foregoing provisions, the City's obligations shall be limited to repair or reconstruction of the concession Premises, to the same extent and of equal quality as obtained by Concessionaire at the commencement of its operations hereunder. Redecoration and replacement of furniture, equipment and supplies shall be the responsibility of Concessionaire and any such redecoration and refurnishing/re-equipping shall be equivalent in quality to that as originally installed. Tr, no case shall the City be responsible for the loss or damage to any personal property brought on or kept the Concession Premises, by Concessionaire employees. 62 ARTICLE XIII INSURANCE AND INDEMNIFICATION Section 13.0. Liability. Concessionaire shall comply with the Hold Harmless, Faithful Performance Bond& Insurance provisions which follow. Section 13.1. The City Held Harmless. The Concessionaire must indemnify, hold harmless, and defend the City, its officers, agents, employees and Board Members from and against liability for any and all claims, liens, suits, demands and/or actions for damages, injuries to person (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of the Concessionaire's work and activities conducted in connection with or incidental to this Agreement, including all causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Concessionaire, its officers, agents, employees, subcontractors, licensees, invitees, and other persons. Concessionaire must at all times exercise reasonable precautions on behalf of, and be solely responsible for, afety of their officers, agents employees, subcontractors, licensees, invitees, and other persons, as well as their property, while in the vicinity where the work is being done. The City shall not be liable or responsible for the negligence or intentional acts or omissions of the Concessionaire, its officers, employees, subcontractors, licensees, invitees, and other persons. The City assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects, whether real or alleged, which may now exist or which may hereafter arise upon the Premises, responsibility for all such defects being expressly assumed by the Concessionaire. The Concessionaire agrees that this indemnity provision applies to all claims, suits, demands, and actions arising from all premise defects or conditions. The City and Concessionaire must provide the other prompt and timely notice of any event covered which in any way affects or might affect the Concessionaire or the City, and the City has the right to compromise end defend the same to the extent of its own interests. 63 1 Both the City and the Concessionaire expressly intend this Agreement's indemnity provision to require Concessionaire to indemnify and protect the City from the consequences of the City's own negligence with City is participating in this Agreement where that negligence is a concurring cause of the injury, death, or damage. This Agreement's indemnity provision does not apply to any claim, loss, damage, cause of action, suit, and liability where the injury, death or damage results from the sole negligence of the City, unmixed with the fault of any other person or entity. Section 13.2. Performance Bond. Within 30 days after award of this Agreement, Concessionaire shall furnish to the City, at Concessionaire's sole cost and expense, and shall keep in full force and effect during the complete term of this Agreement, and agreed upon extensions of this agreement, and for 30 days thereafter, a Performance Bond in the continuing penal sum of not less than one fourth of the Minimum Annual Guarantee (MAG) of the proposed amount inserted by proposer in Section 4.1.2 herein, guaranteeing full performance by Concessionaire of all of the terms, covenants and conditions herein, including, but not limited to, payment of the compensation specified herein. don 13.3. Bond Requirements. Said Bond shall be issued by a surety company authorized and licensed to transact business in the State of Iowa; and, be for the amount stated above with the City of Waterloo, Iowa, as obligee; and shall not be subject to cancellation or non-renewal except after the expiration of 30 day written notice by certified mail, return receipt requested, to the City of Waterloo dba Waterloo Regional Airport, Attn: Director of Aviation, with an address of 2790 Livingston Lane, Waterloo, Iowa 50703. Section 13.4. Insurance. Concessionaire shall procure at its expense, and keep in effect at all times during the term of this Agreement, the following forms of insurance, naming the City of Waterloo as additional insured. 64 ANY CHANGES,ADDITIONS, OR DELETIONS TO REQUIRED INSURANCE COVERAGES WILL BE ISSUED IN AN ADDENDUM Type Amount 1. Workers' Compensation Statutory Employer's Liability $100,000 per occurrence 2. Commercial(Public)Liability $500,000 combined single limit for bodily including but not limited to: injury and property damage (per occurrence) . Premises/Operations . Independent Contractors . Products/Completed Operations . Contractual Liability (Insuring above indemnity) And where the exposures exist: . Explosion, Collapse and Underground 3. Business Automobile Liability $500,000 combined to include coverage for: single limit for bodily injury and property . Owned/Leased Autos damage(per occurrence) .Non-Owned Autos . Hired Cars ^+ion 13.5. Special Insurance Conditions. The Concessionaire must maintain the types and amounts of _.luired insurance throughout the term of the agreement. Concessionaire is solely responsible for providing a certificate of insurance evidencing the required coverage types and amounts. The City may terminate this contract if Concessionaire fails to timely comply with these requirements. Required insurance must be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Iowa. All policies are subject to examination and approval by the Offices of the City Clerk and City Attorney for their adequacy as to content, form of protection, and providing company. Required insurance naming the City of Waterloo, Iowa and the Waterloo Regional Airport Board, as additional insured must be primary insurance and not contributing with any other insurance available to the City,under any third party liability policy. 65 Before the Notice to Proceed is issued for this contract, the Concessionaire must provide the City Clerk an original certificate of insurance, or a certified copy of the insurance policy, evidencing the required .ranee. Thereafter, the Concessionaire must furnish new certificates or copies of the policy before any existing certificate expires. The required liability insurance and their certificates must: Name the City of Waterloo, Iowa and the Waterloo Regional Airport Board as an additional insured with respect to operations for which this contract is made. 2. Provide for 90-day advance written notice of cancellation or material change. Section 13.5. State Mandated Workers' Compensation Insurance Coverage a. Definitions. Certificate of coverage ("certificate")—a copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement , showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. •ation of the project — Includes the time from the beginning of the work on the project until the .,.,,itractor's/person's work on the project has been completed and accepted by the City of Waterloo. Persons providing services on the project ("subcontractors") — includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitations, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Iowa Labor Code, and Chapters 85-86-87 for all employees of the contractor providing services on the project, for the duration of the project. c- The Contractor must provide a certificate of coverage to the City of Waterloo prior to being awarded the tract. 66 d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Waterloo showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the City of Waterloo: (1) A certificate of coverage, prior to that person beginning work on the project, so the City of Waterloo will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) No later than seven(7)days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1)year thereafter. g. The Contractor shall notify the City of Waterloo in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Iowa Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ,The Contractor shall contractually require each person with whom it contracts to provide services on a 'project to: (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Iowa Labor Code, Chapters 85- 86-87 for all of its employees providing services on the project,for the duration of the project; (2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing service on the project, for the duration of the project; • (3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) Obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage,prior to the other person beginning work on the project; and, (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Retain all required certificates of coverage on file for the duration of the project and for one (1) year ereafter; 67 (6) Notify the City of Waterloo in writing by certified mail or personal delivery, within ten (10) days after the person knew of, or should have known, of any change that materially affects the provision of coverage of any person providing service on the project; and, Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Waterloo that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Waterloo to declare the contract void if the Contractor does not remedy the breach within 10 days after receipt of notice of breach from the City of Waterloo. No More Information This Page 68 ARTICLE XIV FAA PROVISIONS Section 14.1. Non-Discrimination. During the term of this Agreement Concessionaire shall comply with the following: Concessionaire, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Agreement, for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Concessionaire shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 C.F.R., Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Concessionaire, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no on on the grounds of race, color, or national origin shall be excluded from participation in, denied the ;,,;nefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that Concessionaire shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 C.F.R., Part 21, Non-discrimination in Federally Assisted Programs or the Department of Transportation, and as said Regulations may be amended. Section 14.2. Civil Rights. Concessionaire assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates Concessionaire or its transferee for the period which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. 69 In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (1) the period during which the property is used by the sponsor or any transferee for a purpose for which eral assistance is extended, or for another purpose involving the provision of similar services or benefits; or (2) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract. Section 14.3. Just Services. Concessionaire agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service; provided, that Concessionaire may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Section 14.4. Subordination to Agreements. This Agreement is subject and subordinate to the provisions of any agreements heretofore or hereafter made between the City of Waterloo, Iowa, and the United States 'd/or the State of Iowa relative to the operation, maintenance, development, or administration of the _ _port, the execution of which has been required as a condition precedent to the transfer of Federal rights or property to the City for Airport purposes, or to the expenditure of Federal or State of Iowa funds for the improvement or development of the Airport, including the expenditure of Federal funds for the development of the Airport in accordance with the provisions of the Federal Aviation Act of 1958, and as said act may be amended from time to time. No More Information This Page 70 ARTICLE XV GENERAL PROVISIONS Section 15.0. Other Provisions. The appearance of any provision in this section shall not diminish its importance. Section 15.1. Assignment and Transfer Prohibited. Concessionaire shall not mortgage, hypothecate or otherwise encumber nor sell, assign, transfer or permit the use by any other, in whole or in part, except as provided herein, the concession rights herein granted without the prior written consent of the City. Any attempt to do so shall be voidable at the City's option and shall confer no right, title or interest in or to this Concession Agreement or right of use of the whole or any portion of the concession facilities upon any such assignee, mortgagee, encumbrance,pledgee or other lien holder, successor or purchaser. Section 15.2. Agreement Binding Upon Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors, heirs and assigns of the parties hereto. The term "concessionaire" shall include any assignee of Concessionaire on any assignment permitted and approved by the City. Section 15.3. The City's Right of Access and Inspection. The City, by its officers, employees, agents, representatives and contractors, shall have the right at all reasonable times to enter upon the concession Premises for the purpose of inspecting the same, for observing the performance by Concessionaire of its obligations under this Agreement or for doing any act or thing which the City may be obligated or have the right to do under this Agreement, or otherwise, and no abatement of fees and charges shall be claimed by or allowed to Concessionaire by reason of the exercise of such right. The City shall not be obliged to inform Concessionaire that an inspection or observation is planned, or in progress. Section 15.4. Compliance with Law. Concessionaire shall comply, at all times during the term of this Agreement, at its own cost and expense, with all applicable present and future ordinances and laws of the City, City, or state government or of the United States Government, and of any political division or subdivision or agency, authority or commission thereof which may have jurisdiction to pass laws or ordinances with respect to the uses hereunder or the Leased Premises. 71 In addition, Concessionaire shall not allow any illegal activity to be conducted, to be operated, or to occur on any Airport area leased or assigned to Concessionaire. Section 15.5. Reservation of Rights. Any and all rights and privileges not granted to Concessionaire by this Agreement are hereby reserved for and to the City. Section 15.6. Governing Law and Venue. This Agreement is being negotiated, delivered and is intended to be performed in the City of Waterloo, Iowa and substantive laws of Iowa, will govern the validity, construction, and enforcement of this Agreement. Venue for any cause of action arising under this Agreement is the City of Waterloo, County of Black Hawk, State of Iowa. Section 15.7. No Waiver of Rights. No waiver of default by either party of any of the terms, covenants, and conditions hereof to be perforiiied, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be perfoiiiied, kept, and observed by the other party. Section 15.8. Severability. If one or more clauses, sections, or provisions of this Agreement, or the application thereof, shall be held to be unlawful, invalid, or unenforceable, the remainder and application hereof of such provision shall not be affected thereby. Section 15.9. Conditions and Covenants. Each covenant herein is a condition, and each condition herein is as well a covenant by the parties bound thereby, unless waived in writing by the parties hereto. The Invitation for Bids, Instructions to Bidders, including Concessionaire's certification form and affirmative action plan, the basic specification, including any addenda thereto, the affidavit of non-collusion and the bonds or other security deposits required under said instructions are a part of this Concession Agreement, and each of the parties hereto does hereby expressly covenant and agree to carry out and fully perform each and all of the provisions of said documents upon its part to be performed. 72 Section 15.10. Disabled Access. Concessionaire will be solely responsible for fully complying with any and all applicable present and/or future rules, regulations, restrictions, ordinances, statutes, laws and/or orders of ''`\Federal, State and/or local government entity and/or court regarding disabled access to improvements on the leasehold including any services, programs, or activities provided by Concessionaire. Concessionaire will be solely responsible for any and all damages caused by and/or penalties levied as the result of its non-compliance. Further, Concessionaire agrees to fully cooperate with the City in its efforts to comply with Title 11 of the Americans with Disability Act of 1990. Section 15.11. Force Majeure. Neither party hereto shall be liable to the other for any failure, delay or interruption in the performance of any of the terms, covenants or conditions of this Agreement due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, acts of the public enemy, action superior governmental authority, weather conditions, floods, riots, rebellion, sabotage or any other circumstance for which such party is not responsible or which is not in its power to control. Section 15.12. Gender and Plural Usage. The use of any gender herein shall include all genders and the use ,ray number shall be construed as the singular or the plural, all as the context may require. Section 15.13. Entire Agreement. This Agreement,together with all exhibits attached hereto, constitutes the entire Agreement between the parties hereto, and all other representations or statements heretofore made, verbal, or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. Concessionaire acknowledges that this Agreement supersedes and cancels any and all previous agreements on this matter between Concessionaire and the City. Section 15.14. Co-Partnership Disclaimer. It is mutually understood that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of copartners between the parties hereto, or as constituting Concessionaire as an agent or representative of the City for any purpose or in any manner whatsoever. Section 15.15. Development and Protection of The Airport. The City hereby reserves the following rights f^r the Airport. 73 Section 15.15.1. Airport Development. The City reserves the right to further develop or improve the Airport as it sees fit,regardless of the desires or view of Concessionaire, and without interference or hindrance. Section 15.15.2. Airspace. The City hereby reserves for the use and benefit of the public,the right of aircraft to fly in the airspace overlying the land herein leased, together with the right of said aircraft to cause such noise as may be inherent in the operation of aircraft landing at, taking off from, or in the vicinity of the Airport, and the right to pursue the operations of same. The City reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent Concessionaire from erecting, or permitting to be erected, any building or other structure on any Leased Premises, which, in the opinion of the City, would limit the usefulness of the Airport, or constitute a hazard to aircraft. Section 15.16. Amendments. All amendments to this Agreement shall be in writing and duly executed by all parties. Section 15.17. License, Fees, and Taxes. Concessionaire shall take or obtain all licenses and/or permits as required by Federal, State, or Local laws or ordinances. Concessionaire shall pay any and all lawful taxes assessments which during the term of this Agreement that may come due. Section 15.18. Compliance with Federal Regulations. Concessionaire agrees to comply at all times with Department of Homeland Security, Transportation Security Administration and all Federal Aviation Regulations, including the City's policies, regulations and ordinances, the City's Transportation Security Administration approved Airport Security Program, and any other applicable rules and regulations. Concessionaire further agrees that any fines levied upon the City, its officers, employees, agents, and members of the City's boards and commissions pursuant to enforcement of Federal Regulations due to acts or omissions by Concessionaire, Concessionaire's agents, servants, employees, independent contractors, or patrons shall be borne by Concessionaire. Section 15.19. War or National Emergency. During the time of war or national emergency, the City shall have the right to lease the landing area or any part thereof to the United States Government for Military or r-val use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent .n the provisions of the lease to the Government, shall be suspended. 74 Section 15.20. Subordination to Bond Ordinance. This Agreement shall be subordinate to the provisions of any Airport Bond Resolution enacted by the City. In the event of any conflicts between this Agreement and " Bond Resolution,the Bond Resolution shall govern. Section 15.21. Americans with Disabilities Act (1990). Concessionaire agrees to comply with the Americans with Disabilities Act (1990) and any amendments and regulations thereto with regards to Concessionaire's operations and Leased Premises on the Airport. Section 15.22. Right to Amend. In the event that the Federal Aviation Administration or its successors requires modifications or changes in this Agreement as a condition precedent to the granting of funds for the improvement of Airport, Concessionaire agrees to consent to such amendments, modifications, revisions, supplements or deletions or any of the terms conditions or requirements of this Agreement as may be reasonably required to obtain such funds; provided, however, that in no event will Concessionaire be required, pursuant to this paragraph, to agree to an increase in the fees and charges provided for herein or to a change in the use, provided it is an authorized use, to which Concessionaire has put the concession Premises. Lion 15.23. Paragraph and Section Headings. The paragraph and section headings appearing herein are for the convenience of the City and Concessionaire, and shall not be deemed to govern, limit, modify or in any manner affect the scope,meaning or intent of the provisions of this Concession Agreement. Section 15.24. Security - General. Concessionaire shall be responsible for fully complying with any and all applicable present and/or future rules, regulations, restrictions, ordinances, statutes, laws and/or orders of any federal, state and/or local governmental entity regarding airfield security. Section 15.25. Security —DHS / TSA. Concessionaire shall be responsible for the maintenance and repair of gates and doors that are located on the demised Premises or controlled by Concessionaire. Concessionaire shall comply fully with applicable provisions of the Department of Homeland Security and the Transportation Security Administration Regulation (TSAR) 1542, including the establishment and implementation of procedures acceptable to the City to control access from the demised Premises to the Air "'aerations Areas (AOA), for the general servicing of vehicles (Fueling, Washing, Cleaning, Etc.), in PTh3rdance with the Airport Security Program required by the Transportation Security Administration. 75 Section 15.26. Notices. Notices required herein shall be given by certified mail by depositing the same in the United States mail in the continental United States, postage prepaid. Any such notice so mailed shall be mmed to have been received by the addressee 96 hours after deposit of same in the mail. Either party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows: The City: WATERLOO REGIONAL AIRPORT Attn: Keith Kaspari, Airport Director 2790 Livingston Lane Waterloo, Iowa 50703 319-291-4483 With a Copy To: THE CITY OF WATERLOO, IOWA(CITY HALL) Attn: Office of Ms. Kelley Felchle, City Clerk 715 Mulberry Street Waterloo, Iowa 50701 319-291-4323, Ext. 3007 Concessionaire: "notice is given in any other manner or at any other place, it will also be given at the place and in the 1—anner specified above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be legally executed in duplicate copies as of the date first mentioned at Waterloo, Iowa. CITY OF WATERLOO ATTEST By: By: Quentin Hart, Mayor Kelley Felchle, City Clerk City of Waterloo, Iowa City of Waterloo, Iowa APPROVED: By: , Attorney City of Waterloo, Iowa 76 THE STATE OF IOWA '"CITY OF WATERLOO This instrument was acknowledged before me on the day of 2019, by , of the City of Waterloo, Iowa. Notary Public, City of Waterloo, Iowa Sharae Akin Typed/Printed Name of Notary My Commission Expires: 77 LESSEE: ATTEST: By: Title: Title: THE STATE OF IOWA § CITY OF WATERLOO § This instrument was acknowledged before me on the day of 2019, by Corporation, on behalf of said Corporation. Notary Public City, , State Typed/Printed Name of Notary My commission expires: 78 CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE OR COPY OF POLICY The Concessionaire must provide either four (4) copies of an approved Certificate of Insurance, or four (4) copies of the insurance policy or policies which complies with insurance provisions within this Contract for insertion into the contract. The City of Waterloo, Iowa and the Waterloo Regional Airport Board shall be named as additional insured on required insurance policies and waive subrogation as to worker's compensation. pm pm CERTIFICATE OF INSURANCE 79 BID BOND acting as Principal, and as Surety are firmly bound to the City of Waterloo, Iowa, in the penal sum of $ for the payment of which we jointly and severally bind ourselves, successors and assigns. The Principal has submitted to the City of Waterloo a certain bid, incorporated here by reference, to enter into a contract in writing for REQUEST FOR BIDS FOR AN ON-AIRPORT CAR RENTAL CONCESSION AT THE WATERLOO REGIONAL AIRPORT. If the bid is rejected, this obligation is void. If the bid is accepted, and the Principal properly executes and delivers a contract in the form of the <rract referenced in the Contract Documents and corresponding with Principal's bid, and furnishes acceptable Performance and Payment Bonds as required by the Contract Documents, and in all other respects performs the agreement created by the City's acceptance of the bid, then this obligation is void; otherwise,the same remains in force and effect. It is expressly understood that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the stated penal amount of this obligation. The Surety, for value received, stipulates that obligations of said Surety and its bond are not affected by any extension of time within which the City may accept the bid; and the Surety waives notice of any such extension. 80 We, Principal(s) and Surety(s),have signed and sealed this instrument: Date: , 2019 Date: , 2019 (Principal) (Surety) By: By: (Signature) (Signature) (Name-typed) SURETY'S SEAL (Title -typed) IMPORTANT: Surety companies executing bonds must be authorized to transact business in the State of Iowa. 81 STATUTORY PERFORMANCE BOND kTE OF IOWA §STATUTORY PERFORMANCE BOND §PURSUANT TO IOWA GOV'T CODE ANN. §IOWA CODE CHAPTER 573 CITY OF WATERLOO§ as Principal(s), and as Surety(s) are bound to the City of Waterloo, Iowa, ("Obligee") in the sum of $ lawful money of the United States. By this document,they bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,to pay this amount. On , 2019,the Principal entered into a written contract with the Obligee for ON-AIRPORT RENTAL CAR CONCESSION AT THE WATERLOO REGIONAL AIRPORT, which contract is incorporated by reference for all purposes. The Principal is required by law to execute a bond in the contract amount before beginning work. e Principal faithfully performs the work according to the Contract Documents, including any performance iuired of the Principal for a period of one year after the date of final acceptance of the work,under guarantees furnished the Obligee,then this obligation is void;otherwise,it remains in full force. This bond is executed under the provisions of INSERT APPLICABLE IOWA GOV'T CODE ANN. § IOWA CODE CHAP I'LR 573, as amended, and all liabilities on this bond shall be determined according to the provisions of that Code. Surety, for value received, stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration,or addition to the terms of the contract,or to the work performed thereunder. PERFORMANCE BOND-Page 1 82 We, Principal(s) and Surety(s), have signed and sealed this instrument: , 2019 (Principal) By: (Signature) (Name -typed) (Title -typed) The undersigned surety company represents that it is authorized to do business in Iowa, and designates its agent in Waterloo, Iowa, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety ship. Surety consents to venue in Black Hawk County, Iowa. , 2019 (Surety) (Signature of Attorney-in-Fact) By: (Signature) (Typed Name of Attorney-in-Fact) SURETY'S SEAL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * NOTE: If signed by an officer of the Surety Company, the Surety Company must submit a certified extract from the by-laws showing that this person has authority to sign the bond. If signed by an Attorney-in-Fact, a copy of the Power of Attorney must be attached to this bond. (Note: Date of Bonds must not be before Contract date) PERFORMANCE BOND-Page 2 83 NOTICE OF AWARD DATE: PROJECT DESCRIPTION: REQUEST FOR BIDS FOR AN ON-AIRPORT CAR RENTAL CONCESSION AT THE WATERLOO REGIONAL AIRPORT. The City of Waterloo has considered your Bid response to the Invitation for Bids dated 2019, for the project listed above. The City of Waterloo accepts your Bid in the amount of The Instructions to Bidders require you to execute the Contract and furnish applicable bonds and insurance documents within 15 days from the date of this Notice of Award. If you fail to timely fulfill these obligations, the City is entitled to regard your failure as a forfeiture of any rights which might arise by the City's accepting your Bid. ur failure entitles the City to collect on your Bid Bond,to contract with another Bidder,and to all other rights Aay be granted by law. You must return a signed copy of this Notice of Award to the City. ACCEPTANCE OF NOTICE BIDDER CITY OF WATERLOO, IOWA Date: By: Bidder acknowledges receiving (Signature) the Notice of Award. Keith D. Kaspari, By: Name-Typed or Printed (Signature) Title: Airport Director Name -Typed or Printed Title: >eral Tax I.D.#: 84 GENERAL REQUIREMENTS AND COVENANTS DEFINITIONS 1. Wherever used in the Contract Documents, these terms have the meanings indicated. The singular includes the plural. 2. Addendum - Written or graphic instruments issued before the Contract is executed to modify, interpret, clarify or correct the Contract Documents. 3. Bid-Bidder's written offer on the City's form stating prices for Work to be performed. 4. Bond - Security instruments, including Bid, Performance and Payment, that Contractor and Contractor's surety must furnish to the City. 5. The City or Owner—The City of Waterloo, Iowa. 6. Concessionaire—Any person, firm or corporation submitting a Bid work an agreement in length to provide vehicle rental services at Waterloo Regional Airport. 7. Contract Documents - Collectively, the Invitation for Bids, Instructions to Bidders, Bid, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Supplementary Conditions, Special Conditions, Notice of Award, and all Addenda. Notice of Award- Written notice from the City to the successful Bidder accepting the Bid. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of the City to recruit, employ, and to provide compensation, promotion, and other conditions of employment without regard to race, color, religion, sex, age, national origin, or disability. The City affirms that employment decisions shall be made only on the basis of bonafide occupational qualifications. The City shall continually review its employment practices and personnel procedures and take positive steps to assure that equality of employment opportunity in the City of Waterloo, Iowa, is a fact as well as an ideal. MINORITY AND WOMEN BUSINESS ENTERPRISES The City of Waterloo hereby notifies all bidders that, in regard to any contract entered into pursuant to this advertisement, minority and Women Business Enterprises (M/HUB) will be afforded equal opportunities to --Inuit bids in response to this invitation and will not be discriminated against on the grounds of race, _Anicity, color, sex,religion or national origin in consideration for an award. 85 SALES TAX City qualifies as an exempt agency, under the laws of the State of Iowa, and is not subject to any State die City sales taxes on materials incorporated into the project. The City will provide an exemption certificate to the Contractor/ Concessionaire. The Contractor/ Concessionaire must have a sales tax permit issued by the Comptroller of Public Accounts and must issue a resale certificate complying with the Tax Act, as amended,when purchasing incorporated materials. The Contractor / Concessionaire is responsible for any sales taxes applicable to equipment purchases, rentals, leases, consumable supplies which are not incorporated into the project, tangible personal property purchased for use in the performance of this contract and not completely consumed, or other taxable services used to perform this contract, or other taxes required by law in connection with this Project. VERIFICATION OF EMPLOYMENT ELIGIBILITY The Contractor/ Concessionaire must comply with the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or services of an unauthorized alien. Contractor / Concessionaire will be l responsible for, and shall verify eligibility for employment as required by IRCA. INDEBTEDNESS STATEMENT Concessionaire agrees that no payments by him of any nature whatsoever to the City, including payment in advance for service charges or any sums of any character whatsoever, shall become delinquent or in arrears. The City will not knowingly award contracts for goods or services to any bidder in arrears to the City for any debt, claim, demand, or account whatsoever, including taxes, penalty and interest. Concessionaire is responsible for ensuring that no indebtedness exists. 86 APPENDIX I HISTORICAL PASSENGER ENPLANEMENT ACTIVITY WITH AIR CARRIER TENANTS AND AIRPORT HISTORY CY-2000 thru CY-2018 ➢ 2000 (United, Northwest & Trans World Express 54,580 ➢ 2001 (9/11) 51,366 ➢ 2002 (United & American Eagle) 42,032 ➢ 2003 (United & American Eagle, Begin Terminal Renovation 33,439 ➢ 2004 (Northwest Airlines Continues as Only Tenant Carrier) 40,538 ➢ 2005 37,184 ➢ 2006 32,369 ➢ 2007 27,836 )=' 2008 (Begin Mergers & Consolidation of Airline Industry) 25,620 ➢ 2009 21,396 ➢ 2010 22,348 ➢ 2011 20,475 ➢ 2012 (Delta Leaves Waterloo. American Begins Service on 4/3) 18,022 ➢ 2013 19,332 ➢ 2014 22,382 ➢ 2015 24,984 ➢ 2016 25,322 ➢ 2017 25,156 ➢ 2018 (USDOT Air Carrier Selection Announcement was delayed) 22,412 ➢ 2019 Est. 25,000 87 APPENDIX II RENTAL CAR REVENUES CY-2008 thru CY-2018 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 YOY 2018/2017 Month YOY Year YOY($) (%) Avis Budget January $52,242 $44,168 $31,224 $34,939 $31,677 $28,749 $34,402 $40,312 $47,068 $42,232 $41,345 ($887) -2% February $44,972 $41,838 $40,062 $41,485 $29,003 $34,450 $28,077 $31,488 $47,795 $40,874 $36,836 ($4,038) -10% March $58,220 $47,843 $44,173 $46,527 $36,512 $42,733 $48,705 $57,866 $60,470 $51,438 $57,833 $6,394 12% April $46,392 $51,097 $36,493 $32,890 $34,302 $36,767 $44,384 $48,824 $54,421 $45,706 $44,197 ($1,510) -3% May $57,960 $45,896 $41,966 $39,154 $48,794 $41,540 _ $51,275 $54,765 $58,264 $48,879 $49,681 $802 2% June $80,034 $47,654 $37,974 $52,541 $55,998 $47,109 $54,368 $65,163 $59,817 $74,984 $59,010 ($15,974) -21% July $119,564 $49,639 $47,280 $55,602 $54,344 $43,577 $59,171 $83,830 $62,998 $76,497 $89,086 $12,589 16% August $90,285 $43,477 $57,969 $55,747 $50,393 $48,010 $59,179 $82,399 $64,662 $65,793 $80,761 $14,969 23% September $58,305 $46,157 $43,022 $50,584 $38,139 $33,864 $48,789 $56,144 $56,478 $55,637 $62,431 $6,794 12% October $59,182 $44,762 $55,358 $45,967 $45,452 $42,834 $47,363 $59,983 $58,718 $53,501 $58,533 $5,032 9% November $53,051 $34,256 $54,049 $37,825 $33,117 $36,171 $48,140 $45,851 $52,584 $69,721 $54,901 ($14,820) -21% December $54,492 $29,389 $48,748 $33,315 $26,030 $31,430 $31,236 $43,620 $48,103 $43,868 $49,628 $5,760 13% Full Year Totals $774,699 $526,176 $538,317 $526,574 $483,761 $467,234 $555,090 $670,244 $671,377 $669,130 $684,242 $15,112 2% 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 YOY 2018/2017 YOY YOY($) (%) SOU January $36,278 $37,377 $28,904 $29,938 $29,633 $32,146 $21,527 $26,495 $26,443 $18,727 $12,609 ($6,118) -33% February $42,907 $44,292 $29,694 $33,851 $36,847 $32,030 $25,931 $25,682 $27,012 $16,609 $17,909 $1,300 8% March $39,951 $42,237 $31,855 $43,290 $40,543 $42,980 $29,134 $23,676 $28,991 $18,403 $16,426 ($1,977) -11% April $44,576 $39,833 $33,090 $44,884 $39,133 $39,542 $29,638 $27,555 $29,608 $23,022 $14,680 ($8,342) -36% May $55,520 $30,690 $35,898 $47,736 $43,206 $47,642 $32,437 $33,224 $30,591 $26,205 $18,789 ($7,416) -28% June $74,531 $44,815 $54,341 $52,950 $49,558 $50,423 $40,818 $29,353 $35,892 $28,332 $30,701 $2,370 8% July $82,924 $49,536 $51,343 $55,096 $46,792 $39,128 $34,255 $25,772 $30,140 $30,655 $34,724 $4,069 13% August $88,592 $49,683 $61,042 $50,711 $45,218 $33,947 $39,864 $29,992 $33,995 $29,672 $30,977 $1,305 4% September $56,759 $45,711 $50,154 $50,738 $38,593 $37,234 $38,144 $25,026 $26,043 $24,646 $21,345 ($3,301) -13% October $55,138 $38,748 $52,843 $46,703 $40,707 $28,810 $35,052 $36,708 $22,731 $25,162 $19,067 ($6,095) -24% November $42,973 $33,556 $29,253 $31,389 $36,621 $26,034 $30,237 $25,692 $24,162 $29,987 $15,989 ($13,998) -47% December $51,904 $32,768 $32,702 $34,012 $29,406 $33,719 $23,978 $21,600 $19,686 $17,688 $17,670 ($19) 0% Full Year Totals $672,052 $489,245 $491,117 $521,297 $476,257 $443,635 $381,012 $330,774 $335,293 $289,108 $250,886 ($38,222) -13% 88 YOY 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 20""'917 Mc Yea. All Agencies January $88,520 $81,545 $60,128 $64,877 $61,310 $60,895 $55,929 $66,806 $73,511 $60,959 $53,954 ($7,005) February $87,879 $86,130 $69,756 $75,335 $65,850 $66,480 $54,008 $57,170 $74,807 $57,483 $54,745 ($2,738) March $98,170 $90,079 $76,029 $89,817 $77,055 $85,713 $77,838 $81,542 $89,461 $69,841 $74,258 $4,417 April $90,969 $90,929 $69,583 $77,774 $73,435 $76,309 $74,022 $76,379 $84,028 $68,728 $58,877 ($9,851) May $113,479 $76,586 $77,864 $86,889 $92,000 $89,181 $83,711 $87,989 $88,855 $75,083 $68,470 ($6,614) June $154,565 $92,469 $92,314 $105,491 $105,556 $97,532 $95,186 $94,516 $95,709 $103,315 $89,711 (S13,604) July $202,487 $99,175 $98,623 $110,698 $101,136 $82,705 $93,426 $109,602 $93,138 $107,152 $123,810 $16,657 August $178,877 $93,160 $119,010 $106,458 $95,611 $81,957 $99,042 $112,391 $98,657 $95,465 $111,738 $16,273 September $115,064 $91,868 $93,176 $101,322 $76,732 $71,098 $86,933 $81,170 $82,520 $80,283 $83,777 $3,493 October $114,320 $83,511 $108,200 $92,670 $86,160 $71,644 $82,415 $96,691 $81,449 $78,663 $77,600 ($1,063) November $96,024 $67,812 $83,302 $69,214 $69,738 $62,205 $78,377 $71,543 $76,746 $99,708 $70,890 ($28,818) December $106,396 $62,157 $81,450 $67,327 $55,436 $65,149 $55,214 $65,220 $67,788 $61,556 $67,298 $5,741 Full Year Totals $1,446,751 $1,015,421 $1,029,434 $1,047,871 $960,018 $910,869 $936,103 $1,001,018 $1,006,670 $958,237 $935,127 ($23,110) Lel II 89 APPENDIX III SUMMER 2018 IMPROVEMENTS TO RENTAL CAR READY SERVICE LOTS Pavement Crack-Sealing,Application of Pavement Preservative, Re-Striping and Installation of New LED Parking Lot Light Fixtures t, ill__ q ,_ .-;;;;ii-riogg 2- - — ' ' - "- -- - - - _ ra , ____ ____„ ,,,, _ 4, , ,, In=1:, l {jf i -- _.,_mew _ 4 it 4 g \. tiilo 90 ft E dig - �.. „' ," •- _- i - _ ------- T,.....- ..„."I: ,_ . ' --____-_-_---_ _______,L. - -____ -- K - '44:411M � . ,., .s...'' N.,. 1 91 Summary of Improvements to Rental Car Ready Service Lot ;The improvements to the rental car ready service lot included significant pavement crack-seal maintenance, application of a pavement preservative, and restriping of entire north and south-half of the parking lot. Further improvements included the entire replacement of the old antiquated parking lot light poles to Next Generation LED light pole fixture heads. Unfortunately, wet weather and fall season weather conditions did not allow airport staff to proceed with additional pavement improvements associated with this parking lot, and the paid passenger parking lot such as Rental Car Corporate Branding and Physical Installation of Sign ID of Rental Car Agencies, Pavement Arrows, Entrance and Exit Signage, Etc. Tree shaping for all trees on the parking lot perimeter was recently completed by City of Waterloo Parks and Recreation Staff. Once it is decided the concessionaires to serve Waterloo Regional Airport in the future, Airport Staff will proceed with additional pavement stenciling and pavement signage allowing rental car customers to properly park rental cars in designated Concessionaire spaces. This includes appropriate signage for the VIP spaces immediately outside the rental car and baggage claim area entrance (5-total spaces available). \Additional parking lot improvements, etc. can be discussed at the future rental car concession pre-bid ;meeting tentatively scheduled for 2:00 PM on Friday, August 16, 2019 in the second floor conference room located in the Airline Passenger Terminal Building. ### 92 APPENDIX IV CURRENT PICTURES OF AVIS —BUDGET, AND HERTZ RENTAL CAR COUNTERS i Viii,;--.;'.''',pi- - -:::-?:.. -----,'-'' .-:' ''''-ii:' is .„.„:„..... ... . ...........e,. ..,,,,,,,,....,:- .. „. : . ,if Jiff s _., , .: ,., I. Mg 111 .,,,,: . „,. .::,. .. . ._ .. .,. .__ .v.. , , ry ...,...:. :,. , . „.:. „ . ,„ .... ..,, -,„,„.„: ._...i...v:::::. ....,.. :..:::,;'-7'--:::----- :::::::' _..-,:ti---- -,:.,_ ... -..,,, ...„. ,,,,,..-_ ..„,,....... .. , „,,..- _ ..„.... „.,.,.. f fix: k : r ! 93 APPENDIX V PICTURE OF EXTERIOR OF AIRLINE PASSENGER TERMINAL BUILDING .s' WATERLOO CRUSE A NE\1 ALTITUD ,.. _ ,,. ' 261bilill' i...........0-0m. , 94 APPENDIX VI INTERIOR PICTURES OF AIRLINE PASSENGER TERMINAL BUILDING Fb '+ 4 J 1.11111 VIA*. ' ' 4(4" . i r! i .+1111111111111 t. _ " �� :V ,} -e ` g . z - y _-,.� , -� �' �-�Q ::sue` 95 "� _ , iMiamsier ir, , 7,,, _ _ _ 1114 vim-00,-,-.,: 4.;-40ii - , .1 � -• - I - - ' '-- 4 , I MP til "17:i :- 0111,.,, _, I Pt WI Jo- IFIVINFir 7,-1r_ / '''''' .; a 'LA- it f , .„ ,.., 4,.. ,-... __......, __,4.,,,,,,„,,,,44,....„-- r..1_ _ _ , l ��� Imo +mr _ _- 7 - — s .� . i ► --- , ,-,,,.•,.7,...k.- I y._ _L ,------ - , „, ;: _____ 7 1" , , ,.,,,_ _, "' 96 APPENDIX YII LAYOUT OF THE PASSENGER TERMINAL BUILDING RENTAL CAR COUNTERS HIGHLIGHTED IN YELLOW • .L :' - —t_. .. -..: ' c. z C :,:::rrH7::: p..__ J: . •• y rilft I w31 -" (eLl F 1 _1 , 6 � _ ;.1. . . -:.--TE.-.,.. : - 7.1_7_,„ , ,.-_. a, .l i� -1 ri_ r, : t _ z 4 ' 1 Etiliffill L 4-c ,, a^ N 'o .., nn� :PAC, L�llll I s 1 Lci. _- _ ____.. �-_. - -_...-- ---..=-. 97