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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

REQUEST FOR PROPOSALS


FOR
DESIGN, CONSTRUCTION AND OPERATION OF AIRPORT HOTEL
AT THE
LOUIS ARMSTRONG NEW ORLEANS INTERNATIONAL AIRPORT
BY
CITY OF NEW ORLEANS
BY AND THROUGH THE NEW ORLEANS AVIATION BOARD
City of New Orleans Request for Proposals #8910-02036
1. Request for Proposals:
The City of New Orleans (City) by and through the New Orleans Aviation Board (NOAB) is
seeking proposals from experienced firms for the design, construction and operation of an on-site
hotel as detailed in Attachment A hereto.
2. Property to be leased and use of property:
Attachment A describes the property to be leased, the requirements of design and construction,
the conditions of operation, and other relevant information.
3. Mandatory pre-submittal conference:
A mandatory pre-submittal meeting will be held on July 19, 2016 at 2:00 p.m. in Concourse A of
Louis Armstrong New Orleans International Airport. Interested Proposers must send a qualified
representative who is able to competently represent its companys best interests at the mandatory
pre-submittal conference.
4. Proposal Delivery:
Proposers should provide one (1) signed original plus ten (10) hard copies of the proposal in a
sealed envelope; envelope should be marked NOAB RFP FOR AIRPORT HOTEL.
Proposers should also provide two (2) digitally signed proposals on a CD, DVD or flash drive, in
Microsoft Word format or as a PDF file, marked NOAB RFP FOR AIRPORT HOTEL.
ALL MATERIALS MUST BE DELIVERED BY U.S. POSTAL SERVICE AS REQUIRED BY
LAW; NO OTHER FORM OF DELIVERY IS ACCEPTABLE.
Proposals should be addressed to:
Department of Finance/Bureau of Purchasing
Attention: Nat Celestine, Assistant Purchasing Administrator
New Orleans City Hall
1300 Perdido Street
Room 4W07
New Orleans, Louisiana 70112

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

Proposals must be received no later than September 16, 2016 at 4:00 PM C.S.T.
5. Questions:
The City/NOAB will reasonably attempt to answer questions submitted in advance to:
procurement@flymsy.com or at P.O. Box 20007, New Orleans, LA 70141. Deadline for
submittal of questions is seven (7) days prior to the Proposal submission deadline. Any
questions received after that time may not be reviewed for inclusion in this request. Copies of the
RFP, any/all addenda, and related information are available from the Citys website at:
www.purchasing.nola.gov. Supporting Documents to the technical overview (Attachment G)
are available at www.cityblueprint.com and its Project Planroom along with full bid documents
titled RFP for Hotel at Louis Armstrong New Orleans International Airport.
A. If discrepancies or omissions are found by any prospective Proposer or there is doubt as
to the true meaning of any part of this RFP, including any of its attachments, a written
request for a clarification or interpretation must be e-mailed to
procurement@flymsy.com.
B. Any questions, issues or disagreement regarding the terms, requirements or form of this
RFP must be raised in advance of submittal of Proposals and must be e-mailed to
procurement@flymsy.com. Any issues not raised in advance of the submittal date shall
not be a basis to thereafter challenge this RFP or the award of any contract resulting from
this RFP.
C. The City/NOAB will issue a response to any inquiry if it deems it necessary, by written
addendum to the RFP, posted on the Citys website, and issued prior to the Proposal due
date and time. The Proposer shall not rely on any representation, statement or
explanation other than those made in this RFP document or in any addenda issued.
NOAB is not responsible for any explanation, clarification, interpretation or approval
made or given in any manner except by addendum. Prospective Proposers are prohibited
from contacting City employees or officials, or NOAB employees or officials, other than
the designated point of contact or purchasing official about the RFP prior to the submittal
deadline. Where there appears to be a conflict between this RFP and any addendum
issued, the last addendum issued will prevail.
D. Any change to the RFP or related documents will be made by a written addendum. The
last day to submit questions is 4 p.m. C.S.T September 9, 2016. Questions received after
the deadline may not be answered by the City/NOAB and may not become part of the
RFP process. All questions must be in writing to procurement@flymsy.com. Any
questions not provided in writing will not be answered. Any verbal responses received to
questions are not official until provided in writing.
6. Cone of Silence:
From the date the RFP is issued through the time the contract is awarded by the NOAB,
Proposers shall not contact any members of Airport staff, City Officials, Board members, Elected

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

Officials or their advisors or consultants, including but not limited to the Crescent City Aviation
Team (a joint venture of Leo A. Daly and Atkins) and Parsons Brinkerhoff, in any way related to
this RFP and RFP process except for in writing to Airport Procurement at
procurement@flymsy.com as described herein. Proposers who violate this Cone of Silence will
be deemed non-responsive and their Proposal will be rejected for cause.
7. Office of Inspector General (OIG):
The New Orleans Office of the Inspector General (OIG) reviews all solicitations and Proposals
issued by the NOAB. The OIG will be actively monitoring all aspects of this Airport Hotel
Solicitation. There is no cone of silence for the OIG and Proposers are encouraged to report any
concerns to the OIG. Additional information about the OIG can be found attached hereto in
Attachment H.
8. Estimated RFP schedule (Subject to Change)
The following dates are estimated and are subject to change.
RFP Release Date:
Mandatory Pre-Submittal Meeting:
Last Day for Questions:
Submission Deadline:
Selection Committee Meeting:
Interviews/Final Selection:
Board Recommendation:
City Council Transportation Committee Review:
City Council Ordinance Introduction:
City Council Approval:
Contract Execution/Notice to Proceed:
Date of Beneficial Occupancy:

June 24, 2016


July 19, 2016
September 9, 2016
September 16, 2016
October 5, 2016
October 12, 2016
October 20, 2016
November 1, 2016
November 3, 2016
December 1, 2016
December 16, 2016
October 1, 2018

Proposers assume all risk and liability associated with a delay or nonoccurrence of any of the
events identified in the above RFP Schedule. Proposers are encouraged to mitigate the risk of
damages associated with delays in the construction of the North Terminal and its related facilities
and/or the hotel concession. The City/NOAB is not responsible for any direct and/or indirect
and/or consequential damages resulting from the delay, occurrence or non-occurrence of any
event identified in the RFP Schedule. Proposers should take such steps as it deems appropriate to
cover any loss or impacts due to schedule or delay.
9. Proposal Contents:
The following components are to be considered as contents for a complete Proposal. The
evaluation team will evaluate and compare only those Proposals that substantially conform to the
terms and conditions of the RFP. The evaluation team and City/NOAB expressly reserve the
right to reject any and all Proposals and to waive administrative informalities. The evaluation
team and City/NOAB also reserve the right to request that Proposers supplement or correct their
Proposals with information that may be necessary for a proper evaluation of the Proposals.
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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

Proposals must be typed or printed in a font no smaller than 11 point, on 8.5" by 11" paper
unless otherwise specified herein. The Proposal should be spiral bound and not exceed one
hundred (100) pages, single sided print only. Each section should be submitted under tabs as
noted below:
A. Tab 1 - Letter of Interest (Please limit to 3 pages): Proposer should provide a signed
cover letter of interest on Proposers letterhead, which includes Proposers name, address,
and primary contact for the Proposal and indicates Proposers request for consideration.
The letter of interest should clearly demonstrate Proposers interest in performing the
design, construction and operation of an on-site Airport hotel as described in this RFP.
The letter of interest must include the following statements and be signed by Proposers
authorized representative:
By responding to this solicitation, proposer agrees to the
City/NOABs Required Lease Provisions as provided in
Attachment F and therefore waives any future right to
contest the required provisions.
The proposer agrees to use its Best Efforts to fully comply with
the ACDBE Program, including all reporting requirements
and any specific contract goals for ACDBE participation.
Proposer understands that all statements within the Request
for Proposals for Design, Construction and Operation of the
Airport Hotel at Louis Armstrong New Orleans International
Airport have been made in good faith and the City/NOAB is
not liable for any errors, omissions, changes or delays as a
result thereof. Proposers have been given access to materials
necessary for it to complete its own due diligence in regards to
submitting its proposal. Proposer certifies that it has been able
to review the conformed set of North Terminal design
drawings and understands them.
B. Tab 2 - Payment Proposal (Attachment E): Proposers must use the form provided at
Attachment E to state its proposal for ground rent and percentage of concession fees to
be paid to NOAB. The payment proposal form should be placed in a sealed envelope.
Proposer shall pay a concession fee to the NOAB equal to the greater of: (i) the
percentage of gross receipts (as proposed) or (ii) the Minimum Annual Guarantee (MAG)
in the amount of $450,000 as further defined in Section 6 of Attachment F.
The MAG, which will be in addition to annual ground rent, commences on the Rental
Commencement Date as defined in Section 1 in Attachment F. Annual ground rent is
payable upon execution of the lease, which will be based upon the greater of: (i) Fair
Market Value at time of execution of the lease or (ii) the proposed amount per square foot
included in Attachment E, subject to escalation tied to increases in the Consumer Price
Index. The minimum annual ground rent is currently estimated to be $103,432.50, which

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

is based on the Fair Market Value of $4.50 per square foot per year (22,985 square feet x
$4.50 per year).
C. Tab 3 - Pro Forma Gross Receipts and Net Income: Proposer must include a good faith
estimate of the expected annual revenues, expenses and net income to be derived from
the Hotel during each of the first 10 years of the Term. The Pro-forma shall be evaluated
by the selection committee in terms of expected revenue from concession fees applied to
projected gross receipts; the submitting teams demonstrated understanding of the airport
hotel industry; the projected viability of the proposed hotel; and its ability to fund
continuing operations from cash flow generated by the business.
D. Tab 4 - Facility Design and Quality of Improvements (Please limit to 40 pages):
The on-site, full service hotel must be nationally branded with a Three-Star rating or
greater, as defined by the Forbes (formerly Mobil) Travel Guide. Proposal must clearly
identify the specific brand and brand type of hotel being proposed. The total number of
rooms and guest amenities can be proposed as determined by respondent but must
include a minimum of 140 rooms.
The NOAB seeks designs that are of high aesthetic quality, contemporary, and
complementary to the proposed new North Terminal in similar curvature style as depicted
in the North Terminal renderings (see Attachment G and Supporting Documents for
proposed airport terminal renderings). The required drawings, renderings and narratives
are intended to communicate both technical information and the design concept, as well
as to provide an experiential sense of the finished scheme. All renderings must be
formatted on 11 x 17 paper, single sided. Proposer should provide the following
information within subtabs:
1. Subtab 1 Renderings: preliminary architectural renderings of the proposed Hotel
Project indicating the overall design of the hotel facility including:
a. Two different aerial views (North facing and South facing)
b. A typical guest room
c. Lobby area(s)
d. Restaurant
e. Meeting area(s)
2. Subtab 2 - Quality/Aesthetic Narrative: Describe the salient characteristics of the
design from a functional and architectural perspective, and the use of materials
and systems for the proposed design. Describe the general color scheme,
fixtures, casework, furniture, dcor, image sign, graphic elements and any other
signage. Include the level of quality, decor and aesthetics that the Hotel facility
shall provide in meeting requirements of a full-service, Three (3) Star or above
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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

rated Hotel. Also include a list of regional comparable hotels for verification of
such hotel star ratings. The narrative should convey the teams vision, passion,
and commitment to this project and how the design is complimentary to the new
North Terminal. Include images and descriptions of proposed finishes. If an inperson interview is requested, proposer should bring actual material samples.
3. Subtab 3 - Concessions Plan: Proposers must include within their submittal a
written food and beverage, news and gifts, and advertising plan which clearly
identifies proposed concessions and any proposed sublessees. Any changes to the
concessions plan between proposal submittal and execution of a contract will
require equivalent rated concessions to be implemented and will be subject to
Board approval. The concessions plan should ensure convenience to the guests of
the hotel and the ability of the hotel to meet the requirements of a full service,
Three-Star chain affiliation, but which recognizes the need of the NOAB to
preserve its terminal concessions revenues as further defined in Section 8 of
Attachment A.
Concessions area may not exceed 7.5% of the total square footage of the hotel.
Catering and delivery services to or within the terminal are strictly prohibited.
Proposers are also prohibited from providing rental car sales or any other
transportation services or operations of any kind other than what is permitted in
Attachment A, Sections 9 and 10.
4. Subtab 4 - Schematic Level Design Drawings: Provide dimensioned drawings in
sufficient detail to portray the design intent of the facility and its compatibility
both functionally and aesthetically with the North Terminal and garage. At a
minimum, this is to include the following:
a. Site plan identifying pedestrian/patron flow and vehicular access,
b. Landscaping plan,
c. Floor Plans illustrating the lobby, meeting facilities and on-site restaurant,
Typical guest room floor plan and typical room plan with furnishings,
d. Exterior elevations, building sections and consideration of overall massing.
5. Subtab 5 - Preliminary Construction Means and Methods Narrative and
Development Schedule: Propose a milestone development schedule which
identifies expected internal and external review periods for authorities having
jurisdiction including, but not limited to, the NOAB, FAA, and the City of
Kenner. Describe major construction elements, processes and sequencing
illustrating an understanding of the project, FAA requirements and the NOABs
construction contractors North Terminal schedule in order to open the hotel in
conjunction with the opening of the North Terminal, which is scheduled for
October 1, 2018. If unable to meet this deadline for opening, Proposer should
state why as well as include a date of expected opening and will be evaluated as

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

such.
E. Tab 5 - Proposer Qualifications, Capabilities, and Experience (Please limit to 40 pages):
1. Subtab 1 - Qualification Statements: Proposers should include detailed resumes or
curricula vitae for the principals responsible for the design, construction and
operation of the Hotel. Proposer should describe experience operating hotels,
including any experience with on-site Airport hotels. The following should also
be provided:
i. Company history and background, including company size and age, and
other relevant information. Proposer and team should have a minimum of
five (5) years of hotel operating experience within the last ten (10) years.
Proposer should highlight any experience with on-site airport hotels.
1. If Proposer is a newly created entity, then a narrative should be
provided indicating a history of Proposers principal owners and
Key Personnels prior experience. Also, explain the size of the
created entity, including office location(s) and the legal-entity
structure.
2. If Proposer is a joint venture, then a narrative should be provided
indicating each of the members of the joint ventures history,
including years in business and the depth of resources. Also,
explain the size each members firm, office locations, the legalentity structure, the personnel assigned from each members firm,
and the organizational structure of the proposed joint venture
operation.
ii. Locations in which the Proposer, or its proposed management personnel,
have operated a hotel, highlighting any at airports.
iii. A description of the length of service and scope of operations at these
locations. Include specific examples of measurable performance
achievements, such as increased occupancy/capacity, awards or
commendations, or statistics relative to customer loyalty (repeat stays),
customer satisfaction, and other data.
iv. Names and telephone numbers of a contact person at each location. These
contacts may be contacted to obtain information regarding the Proposers
operating performance, including effectiveness and quality of hotel
management, customer satisfaction, financial status, timeliness of
payments and overall satisfaction with performance.
2. Subtab 2 - Financial Information: Proposers must include a detailed cost estimate
of the design and construction of the on-site hotel and clearly demonstrate the
financial capability to undertake this contract. Proposer should provide current
fiscal-year-to-date balance sheet, income statement, and statement of cash flow
prepared in accordance with generally accepted accounting principles as well as
the three most recent fiscal year balance sheets, income statements, and
statements of cash flow for each full year of operations, prepared in accordance

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

with generally accepted accounting principles and audited by an independent


Certified Public Accountant. Footnote disclosures must accompany the submitted
financial statements. If the requested financial statements are not audited by an
independent Certified Public Accountant, then a notarized statement, certifying
the accuracy of the financial information, signed by the principal accounting
officer of the Reporting Entity may be substituted for audited statements.
3. Subtab 3 - Credit References and Financing Commitment Letters: Proposers
should supply the contact information of at least two (2) financial institutions with
which the proposer has significant business/financial relationships to be contacted
by NOAB to determine proposers credit worthiness. Proposer should also supply
a financing commitment letter from a financial institution committing sufficient
lending authority to the proposer to develop the hotel as outlined herein in the
event of selection and contract award.
F. Tab 6 - ACDBE Compliance Plan (please limit to 2 pages):
It is the policy of NOAB, as defined in 49 CFR Part 23 to create a level playing field on
which ACDBEs can compete fairly for opportunities for concessions. ACDBEs must
meet the requirements of 49 CFR Part 23 and the certification requirements of the
NOAB. The ACDBE program requirements set forth in Attachment F, Section 11
Airport Concession Disadvantage Business Enterprise Participation shall apply to this
solicitation.
The NOAB has set the following Disadvantaged Business Enterprise goals for this RFP:
a. Direct Participation - ACDBE Goal of 20.81%
b. Goods & Services ACDBE Goal of 22.17%
The direct participation goal can be achieved through direct ownership, joint venture
participation, owner/operator agreements or sublease agreements for retail or food and
beverage operations.
The NOAB desires to achieve, to the greatest extent possible, quality participation by
certified ACDBE firms. Ownership is not a requirement of the federal regulations but the
New Orleans Aviation Board and the City of New Orleans values equity and inclusion at
all levels of participation and strongly encourages direct ownership by ACDBE
participants. Proposers are challenged to present a creative and responsive plan that
provides for participation that is commercially meaningful and useful. The proposed plan
should provide a narrative description that details and promotes full and equal business
opportunities in accordance with the NOABs Airport Concession Disadvantaged
Business Enterprise Program and the participation goals set for this RFP to include the
following:
a. Description of the outreach methods your firm used to identify and incorporate
ACDBE businesses in the direct participation opportunities for the project.

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

b. Description of how you structured your direct participation program to encourage


and facilitate maximum participation.
c. Description of the measures and strategies you utilized to ensure participation in
all types of direct participation opportunities.
d. Description of the outreach methods your firm used to identify and incorporate
ACDBE vendors in the goods and services opportunities for the project.
e. Description of any other plans, strategies or activities you propose to ensure that
the ACDBE goals for direct participation and goods and services will continue to
be met.
All proposers must complete and submit at Tab 6 a notarized Schedule of
Subcontractor/Consultant/Vendor Participation and ACDBE Commitment form for each
of the aforementioned goals. All proposers must submit these forms with their proposal.
The forms titled Airport Hotel ACDBE Schedule of Contract Participation can be found
under the Business Opportunities section of the webpage at www.flymsy.com and is also
attached to this solicitation as Attachments B and B2. The ACDBE firm(s)
participating in this lease must perform a commercially useful function.
Proposals will be evaluated, in part, on the proposers stated intention to ensure quality
participation. If a proposal does not meet the ACDBE participation goal, the proposer
must include documentation justifying the failure to meet this goal. Such justification
should be supported by written documentary evidence of efforts to secure ACDBE
participation or evidence of the unavailability of potential ACDBE participants.
Only businesses certified through the Louisiana Unified Certification Program (LAUCP)
are eligible for participation in the ACDBE opportunities for the project. A listing of
eligible firms can be found at http://www8.dotd.la.gov/UCP/UCPSearch.aspx.
The City/NOAB affords no preference based upon the geographical area in which an
ACDBE firm is located, provided the firm is listed in the LAUCP directory.
The City/NOAB shall have the authority to investigate allegations of discriminatory
practices of proposer(s) who contract or seek to contract with the City/NOAB.
Please direct all questions related to ACDBE compliance prior to submission of the
solicitation to the NOAB Disadvantaged Business Enterprise Liaison Officer at
procurement@flymsy.com.
G. Tab 7 State/Local Disadvantage Business Enterprise Plan (please complete the SLDBE
Participation Plan form provided in Attachment B3):
In addition to requirements for the federally mandated ACDBE program, the goal of the
City of New Orleans and the New Orleans Aviation Board is to provide full and fair
access to opportunities for State/Local Disadvantaged Business Enterprise (SLDBE)
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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

firms in the development, design, construction and post construction opportunities for the
hotel development project.
As such, the NOAB has set a State/Local Disadvantaged Business Enterprise goal of 35%
for this RFP.
All proposers must complete the SLDBE Participation Plan with their proposal.
Successful proposers must submit the following SLDBE documents within three (3)
business days of notification by the NOAB that the proposer is a finalist:
a. SLDBE Compliance Form-1 (Attachment B4) which is used to establish your
SLDBE commitment on a City of New Orleans bid, RFP or solicitation response.
The Bidder shall provide a list of all proposed SLDBE subcontractor(s). If the
Bidder has attained the amount of SLDBE participation to meet the contract goal,
submit only the SLDBE Compliance Form-1.
b. SLDBE Compliance Form-2 (Attachment B5) which is used to document Good
Faith Efforts when the amount of SLDBE participation committed on SLDBE
Compliance Form-1 is less than the Contract Goal. The Bidder shall provide all
required supporting documentation of demonstrated Good Faith Efforts as
specified on SLDBE Compliance Form-2.
SLDBE firms eligible for participation in the SLDBE opportunities must be certified
through the City of New Orleans State/Local Disadvantaged Business Enterprise
(SLDBE) Program or the Louisiana Unified Certification Program (LAUCP).
A listing of SLDBE certified firms can be found at http://www.nola.gov/economicdevelopment/supplier-diversity/directory/. Firms certified through the LAUCP can be
found at http://www8.dotd.la.gov/UCP/UCPSearch.aspx.
H. Tab 8 - Proposal Bond: A deposit in the form of a cashiers or certified check or proposal
bond from a Louisiana authorized surety, payable to the New Orleans Aviation Board, in
the amount of $100,000, must be submitted with each proposal at Tab 8. The cashiers or
certified check will be held without interest by the NOAB. The proposal bond will be
retained by the NOAB and must remain in effect until released by the NOAB. The
proposal bond must cover the period of time including the RFP evaluation process, the
lease execution, and through and until all required governmental permits and approvals
have been obtained. Proposer shall not receive any accrued interest.
I. Tab 9 - Performance & Payment Bonds: The NOAB will require the selected Proposer to
provide a Performance and Payment Bond payable to the New Orleans Aviation Board
upon execution of the lease agreement. To ensure that the successful Proposer will be
able to furnish the required Performance and Payment Bond at the time of executing the
lease, Proposers shall provide with its proposal at Tab 9 a letter from a surety company
indicating that the Proposer has been approved for a Performance and Payment Bond in
the amount of the annual ground rent plus the Minimum Annual Guarantee payment for
twelve months of concession fee payments as described in Attachment F.
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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

The ground rent Performance and Payment Bond will become effective upon execution
of the lease by the selected Proposer, and remain in effect for the entire term of the lease;
the MAG performance and payment bond will become effective on the Rental
Commencement Date, and remain in effect for the entire term of the lease. The amount
of the Bond shall equal (i) 100 percent of the ground rent during the construction period,
and (ii) 100 percent of the Minimum Annual Guarantee payment for the first twelve
months of rent payments as well as the ground rent, upon the Rental Commencement
Date. The Performance and Payment Bond may be for a one year term, but must be
renewed annually. The amount of the bond for each renewal after the hotel has opened
shall be in the amount of the previous years Minimum Annual Guarantee plus ground
rent. The Performance and Payment bonds for ground rent shall be written by a surety or
insurance company currently on the U.S. Department of the Treasury Financial
Management Service list of approved bonding companies which is published annually in
the Federal Register, or by a Louisiana domiciled insurance company with at least an Arating in the latest printing of the A.M. Best's Key Rating Guide to write individual bonds
up to ten percent of policyholders' surplus as shown in the A.M. Best's Key Rating Guide,
or by an insurance company that is either domiciled in Louisiana or owned by Louisiana
residents and is licensed to write surety bonds.
The Performance and Payment Bond for ground rent shall be retained by the NOAB and
shall be kept in full force by the Lessee and renewed for the entire term of the lease.
The selected Proposer will be required to provide a Performance and Payment Bond for
the complete construction of the Hotel Concession. The Performance and Payment
Bonds shall be written by a surety or insurance company currently on the U.S.
Department of the Treasury Financial Management Service list of approved bonding
companies which is published annually in the Federal Register, or by a Louisiana
domiciled insurance company with at least an A- rating in the latest printing of the A.M.
Best's Key Rating Guide to write individual bonds up to ten percent of policyholders'
surplus as shown in the A.M. Best's Key Rating Guide, or by an insurance company that
is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write
surety bonds.
J. Tab 10 - Non-Collusion Affidavit (Attachment C): Proposer should submit at Tab 10 a
completed Non-Collusion Affidavit, a copy of which is attached as Attachment C.
K. Tab 11 - NOAB Conflict of Interest Disclosure Affidavit (Attachment D): Proposer
should submit at Tab 11 a completed NOAB Conflict of Interest Disclosure Affidavit, a
copy of which is attached as Attachment D.
L. Tab 12 Targeted and Disadvantaged Targeted Worker Program (Attachment I):
Proposer should submit at Tab 12 the following forms copies of which are attached as
Attachment I:
a. Form 1 - Bidder Attestation and OWD GF
b. Form 2 - Manpower Utilization Schedule

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NOAB RFP for Airport Hotel

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c. Form 3 Local Hire Plan


N. Tab 13 - Other Information (Please limit to 5 pages): Proposers may attach or provide
any other information Proposer believes is pertinent to its proposal, such as other
information pertinent to the selection criteria set forth below and information
demonstrating that proposer will be able to provide the required services as described
herein.
10. Selection Criteria:
The City/NOAB will review submissions and may select a proposer.
The City/NOAB will make every effort to administer the Request for Proposals process in
accordance with the terms and dates discussed in this request for proposal s . However, the
City/NOAB reserves the right to modify the process and dates as deemed necessary in its sole
discretion.
During the review of the proposals, the City/NOAB may:
Conduct reference checks relevant to the solicitation to verify any and all
information, and rely on or consider any relevant information from such cited references
or from any other sources in the evaluation of proposals;
Seek clarification of a proposal or additional information from any or all proposers and
consider same in the evaluation of proposals;
Waive any requests or requirements if such waiver is in the best interest of the
City/NOAB; and
Request interviews/presentations with any, some or all proposers to clarify any questions
or considerations based on the information included in proposals, and
Consider any supplementary information from interviews/presentations or other sources
in the evaluation.
The City/NOAB will apply the following selection criteria and weighting factors to evaluate the
proposals received:
30%

Payment Proposal the proposal will be evaluated on the proposed percent of gross
receipts payable to NOAB as applied to the pro forma of gross receipts and net
income

30% Design and Schedule of Construction proposal will be judged on its aesthetic and
functional compatibility with the North Terminal design as described within RFP,
level of proposers investment committed, quality of amenities and the ability of the
proposer to demonstrate the capability of meeting the deadline of opening with the
North Terminal
20%

Development Team Capabilities and Experience the team will be evaluated on its
demonstration of successful previous projects as a team and individuals, as well as its
financial capability to undertake this contract

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NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

10%

ACDBE the team will be evaluated on its demonstrated commitment to promote


full and equal business opportunities in accordance with the NOABs ACDBE
Program

10%

SLDBE - the team will be evaluated on its demonstrated commitment to promote full
and equal business opportunities in accordance with the NOABs SLDBE Program

The City/NOAB will be seeking the highest proposal submitted which yields the greatest
benefits to the public in services and financial return to it by a proposer. If two or more
proposers achieve the same overall total score (a tie), the tied-proposer with the highest score on
design will be considered the proposer with the highest overall total score. The City/NOAB
reserves the right to reject all proposals.
If the City/NOAB identifies a likely proposer, it may enter into the Lease Agreement in
substantial conformity to Attachment F to fix the relationship by written agreement. .
11. Ownership of responses and costs for solicitation response preparation:
The provisions of the Louisiana Public Records Act (La. R.S. 44:1 et seq.) govern this
solicitation. All proposals, proceedings, records, contracts, and other public documents relating
to this solicitation shall be open to public inspection. Proposers are reminded that while trade
secrets and other proprietary information submitted in conjunction with this solicitation may not
be subject to public disclosure, protections should be claimed by the proposer at the time of the
submission. All submissions and all documentation submitted therewith are City/NOAB
property for all purposes. Proposers must clearly mark documents or information claimed to be
exempt from public records disclosure and specifically justify the exemption. Information
deemed proprietary and/or confidential that is included in the proposal should be printed
on pink paper. The City/NOAB will not credit any blanket exemption claims lacking specific
justification. The City/NOAB do not guarantee the confidentiality of submissions, and final
determinations as to which information, if any, is exempt from disclosure rests with City/NOAB.
12. Effect:
This Request for Proposals and any related discussions or evaluations by anyone create no rights
or obligations whatsoever. The City/NOAB may cancel or modify this Request for Proposals at
any time at will, with or without notice. Anything to the contrary notwithstanding, the lease
executed by the City/NOAB and the selected proposer, if any, is the exclusive statement of rights
and obligations resulting from this solicitation.
13. Conflicting provisions:
In the event of any conflict between this Request for Proposals and Attachment A hereto, the
provisions of the Request for Proposals shall prevail unless otherwise instructed.
14. Cancellation:
The City/NOAB reserves the right to cancel this request, accept or reject any/all proposals, waive
requests or requirements as deemed in the best interest of City/NOAB, and re-advertise for any
reason deemed in the best interest of the City/NOAB.
15. Disputes:

Page 13 of 15

NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

By submitting a response to this Request for Proposals, proposer agrees that (a) the law of the
State of Louisiana and City of New Orleans shall govern this request and any subsequent
agreement; (b) any disputes arising from or relating to this request or subsequent agreement must
be resolved accordingly; and (c) exclusive venue for any lawsuits or disputes arising from or
relating to this request or subsequent agreement shall be in the Civil District Court for the Parish
of Orleans.
16. Public Trust:
Each proposer, subcontractor, and any other tier subcontractor, and their officers, directors and
employees, hereinafter referred to as the Interested Contract Persons, acknowledge that the
NOAB and the City of New Orleans are government entities serving the public and charged with
public trust. As such, the payments under any lease will be public funds, and certain types of
actions including without limitation criminal activities and offenses involving moral turpitude by
Interested Contract Persons may violate the publics trust. Accordingly, the City/NOAB reserves
the right, to exercise in its sole discretion, to pursue termination of any lease or subcontract,
seeking damages, and any other remedies available at law, in the event of a conviction of any
one or more of the Interested Contract Persons or the rendition of a civil judgment against any
one or more of the Interested Contract Persons, for any crime or offense involving moral
turpitude.
18. Title VI Solicitation Notice:
The City/NOAB, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all proposers
that it will affirmatively ensure that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.
19. Fair Labor Standards Act:
All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR Part 201, the Federal Fair Labor Standards Act (FLSA), with the same
force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part time workers.
The proposer has full responsibility to monitor compliance to the referenced statute or regulation.
The proposer must address any claims or disputes that arise from this requirement directly with
the U.S. Department of Labor Wage and Hour Division.
20. Occupational Safety and Health Act of 1970:
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.
Successful proposer must provide a work environment that is free from recognized hazards that
may cause death or serious physical harm to the employee. Successful proposer retains full
responsibility to monitor its compliance and their subcontractors compliance with the applicable

Page 14 of 15

NOAB RFP for Airport Hotel

City of New Orleans Lease Solicitation #8910-02036

requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Successful
proposer must address any claims or disputes that pertain to a referenced requirement directly
with the U.S. Department of Labor Occupational Safety and Health Administration.
21. Attachments:
The following Attachments are incorporated herein by reference:
Attachment A - Scope of Design, Construction and Operation of Airport Hotel
Attachment B Airport Hotel ACDBE Schedule of Contract Participation - Operations
Attachment B2 Airport Hotel ACDBE Schedule of Contract Participation - Revenue/Direct
Participation
Attachment B3- SLDBE Participation Plan
Attachment B4 SLDBE Compliance Form 1
Attachment B5- SLDBE Compliance Form 2
Attachment C - Non-Collusion Affidavit
Attachment D - NOAB Conflict of Interest Disclosure Affidavit
Attachment E - Payment Proposal Form
Attachment F - Non-Negotiable Lease Agreement
Attachment G - Technical Overview
Attachment H - Office of Inspector General
Attachment I Targeted and Disadvantaged Targeted Worker Program Forms
FAILURE TO COMPLETE THE REQUIRED ATTACHMENTS MAY RESULT IN
DISQUALIFICATION.
GOOD FAITH EFFORTS HAVE BEEN MADE TO DESCRIBE ALL INFORMATION
CONTAINED WITHIN THIS RFP. THE CITY/NOAB IS NOT LIABLE FOR ANY
CHANGES OR MISINTERPRETATIONS. PROPOSERS ARE RESPONSIBLE FOR
VERIFYING ALL INFORMATION WITHIN THIS RFP, INCLUDING THE
TECHNICAL INFORMATION.

Page 15 of 15

ATTACHMENT A
SCOPE OF DESIGN, CONSTRUCTION, AND OPERATION OF AIRPORT HOTEL
1. General Information
The City/NOAB is seeking proposals to design, finance, construct, manage, and operate a
nationally-branded, full service Three-Star hotel (hotel) located on a tract of land at Louis
Armstrong New Orleans International Airport (Airport) adjacent to the new North Terminal
facility currently under construction.
The selected proposer will lease the hotel development site (approximately 22,985 square feet of
space) from the NOAB for the term of the lease. Utilizing this space, the selected proposer will
design and build the hotel facilities and, upon completion, manage and operate the hotel.
The selected Proposer will have demonstrated the financial ability and experience to fulfill the
lease obligations and provide the services required as well as provide a financially acceptable
proposal for concession fees to the NOAB and a commitment to the Airports ACDBE program.
The selected Proposer must maintain standards of hotel construction, management, and
operations at least equal to those of comparable hotels at major U.S. airports and consistent with
the design criteria as set forth within this RFP.
2. Background
The Airport is located in Jefferson and St. Charles Parishes, Louisiana, approximately 14 miles
west of the City of New Orleans. It is owned by the City of New Orleans and the New Orleans
Aviation Board, an unattached board of the City, is charged with the maintenance and operation
of the Airport.
Data related to this solicitation includes the following:
Year

Total Passengers

2010
2011
2012
2013
2014
2015

8,203,305
8,548,375
8,600,989
9,207,636
9,785,394
10,673,301

Per the FAAs Forecast Fact Sheet for Fiscal Years 2016-2036, U.S. domestic enplanements are
projected to increase 4.2% in 2016 and then grow an average of 1.9% per year during the
remaining 20-year forecast period. International enplanements are forecasted by the FAA to
increase 4.3% in 2016 and then grow an average of 3.6% per year for the rest of the forecast

period. For informational purposes only, a geotechnical report is included as an attachment.


The data is provided as a convenience to prospective proposers.
The information shown herein has been obtained from sources thought to be reliable, but the
City/NOAB, and their respective officers, employees, agents and contractors, are not liable for
any errors in this information or its use by prospective proposers. Proposers should satisfy
themselves by personal investigation, independent verification, due diligence, or such other
means as they may think necessary as to the conditions affecting this Request for Proposals. The
City/NOAB does not warrant the accuracy of the information presented in this RFP and
proposers assume all risks associated with relying on the Citys/NOABs representations made
herein this RFP.
3. Proposer Qualifications
Proposers must meet the following minimum requirements:
A. Proposer and team should have a minimum of five (5) years of hotel design and
development experience within the last ten (10) years. Proposer should highlight any
experience with on-site airport hotels.
B. Proposer should be able to complete construction and open the hotel for guests by the
time the North Terminal is complete and open for operations. The North Terminal is
currently scheduled to open on October 1, 2018, but may be subject to change.
4. Design Criteria
The City/NOAB is seeking in the successful Proposal a hotel design which will complement the
strong design ideal in similar curvature style as articulated in the new North Terminal renderings.
The hotel should express a confidence in the regions future and our cultural heritage in a
modern idiom.
The initial design concept for the North Terminal at Louis Armstrong New Orleans International
Airport was developed by iconic architect Cesar Pelli and has advanced into a 760,500 square
foot, thirty (30) gate, world-class airport with capacity to expand to 42 gates.
The design of the North Terminal embraces the rich natural and cultural history of New Orleans;
the mighty Mississippi, the sultry bayous, rich cuisine, live music, the joie de vivre of its
citizens. The concept of lightness and openness is a guiding design principal in the exterior
design. The building features vast expanses of curtain wall which contribute to an interior
bathed in natural light that connects directly to the exterior. The exterior fenestration is modern,
finely detailed and delicately scaled. The curvilinear exterior forms accentuate the sensuality of
the region.
Not only is the interior of the North Terminal filled with natural light, it contains high volume
spaces that are open and spacious. With very few interior walls, one can enjoy an unobstructed
view from the rear of the Ticket Lobby to the southernmost curtain wall overlooking the aircraft
on the ramp. The Terminal features a central three story atrium as well as an expansive two

story overlook to the concourses above security check-in. Over ninety percent of the concourse
exterior walls are glass.
The interior finishes of the Terminal, while modern, draw their inspiration from a long history of
the authentic, lush and rich textures and materials typical of New Orleans interiors. Against a
crisp modern background, the airport contains feature elements that are cleanly articulated and
opulent in character.
Also, unique to New Orleans, the airport atmosphere will be infused with local music and
culinary delights, sights and aromas. The three story atrium will feature a jazz bandstand and
garden. The airport will be filled with culinary offerings from some of our finest restaurants.
Proposers should consider that the hotel tract is a prominent location at the front entrance to the
North Terminal, and the proposed design and quality of construction materials should be
consistent with the prominence of the structures location and the design of the North Terminal.
Upon selection of proposer, NOAB reserves the right to adjust proposed design. The designated
tract of land (see Attachment G) is estimated to be approximately 22,985 square feet and the
total height of the building (including parapet, mechanical equipment, accessory structures,
elevator shafts, antennae, etc.) is not to exceed 145 feet above mean sea level (MSL) per the
NOABs FAA-approved Airport Layout Drawing. Exterior mechanical equipment must be
shielded from view. Cantilevering over the road or parking garage may be proposed as long as
the hotel does not impede any necessary clearances or increase the expenses and costs to the
NOAB for the construction of the North Terminal or its related projects.
The on-site, full service hotel must be nationally branded with a Three-Star rating or greater, as
defined by the Forbes (formerly Mobil) Travel Guide. Proposal must clearly identify the specific
brand and brand type of hotel being proposed. The total number of rooms and guest amenities
can be proposed as determined by respondent, but must include a minimum of 140 guest rooms.
5. Utilities and Coordination with CMAR and Program Manager
Utility connections are to be coordinated as indicated in the Utility Exhibits and further defined
in the Technical Overview (Attachment G). The successful Proposer will be responsible for (1)
extending service lines to the lease line for connections to NOAB provided sanitary sewer, water,
and storm drainage; (2) verifying size and horizontal location of proposed utility connections and
for connection to existing utilities; (3) coordinating services for ATT (Communications), Cox
(Data), Atmos Energy (Gas), Entergy (Electricity), Veolia Sanitation (Sewer), and Jefferson
Parish (Water); (4) coordinating points of service and installing underground raceways if
required; and (5) coordinating with NOAB and service providers to identify rights-of-way and/or
servitudes required to be granted by the NOAB.
Construction and access to site must be coordinated with the NOABs Construction Manager AtRisk (CMAR) through the Program Manager over the North Terminal Project as the hotel
construction will be simultaneous with the new North Terminal, parking garage, and all
infrastructure. The lessee will be responsible for fencing off the property and working within
their designated space. The lessee shall meet with Airport personnel and/or designees

periodically to discuss and review the progress of the design, finance, construction, management,
and operation of the hotel. The successful Proposer shall prepare reports and meet with Airport
personnel and/or designees as requested.
6. Payments To NOAB
Beginning as of the execution date of the lease agreement, the successful proposer shall pay
Ground Rent in an amount equal to the greater of: (i) Fair Market Value at time of execution of
the lease or (ii) the proposed amount per square foot included in Attachment E. Fair Market
Value is currently estimated at $4.50 per square feet of land area of the hotel premises per year,
which would estimate the annual Ground Rent at $103,432.50 (22,985 square feet x $4.50 per
year). The Ground Rent shall be adjusted according to the Consumer Price Index (CPI)
annually on the anniversary of the Execution Date; however, in no instance shall the Ground
Rent be reduced to an amount lower than the previous years established Ground Rent.
In addition to Ground Rent, beginning on the Rental Commencement Date (as further defined in
Section 1 of Attachment F) and continuing through the term of the lease, the successful
proposer shall pay a concession fee to the NOAB equal to the greater of: (i) the percentage of
gross receipts or (ii) the Minimum Annual Guarantee (MAG). The MAG shall be set at
$450,000.
On the anniversary of the Rental Commencement Date, the MAG shall be adjusted to the greater
of (1) Four Hundred Fifty Thousand Dollars and 00/100ths ($450,000.00); or (2) 80% of the
annual payments made to the Board in the prior 12 month period.
The Airport shall not be obligated to subordinate its lease to any financing by the Proposer.
Payment information should be included on Attachment E.
7. Leasing Process and Term
Upon selection of the successful proposer, the proposer will be required to enter into a lease
agreement in substantial conformity to the lease included as Attachment F. Said lease will also
contain terms relating to reporting, auditing, bonding, insurance, ACDBE participation,
compliance with laws and regulations and policies, termination and other provisions. In the
event that a lease is not executed by proposer, City/NOAB may, at its option, cancel the
solicitation or enter into a lease agreement with the next highest scored proposer, with no
liability to the initially-selected proposer or to any other proposer. Said lease is subject to New
Orleans City Council approval.
Subject to provisions for termination, the initial term of the lease will be for a period of thirty
(30) years with two ten (10) year optional renewals at Lessees option, for a total of fifty (50)
years as further defined in Section 2 of Attachment F. Upon the termination of the lease,
whether by expiration of the term or by termination of default, or otherwise, ownership of all
improvements shall revert to the NOAB free and clear of all liens and encumbrances, without
compensation paid to the lessee or any other person or entity.

The Hotel Concession is not an exclusive lease agreement and it in no way provides the Lessor
with any exclusive rights or privileges at Airport, other than the exclusive use of the Lease
Premises as further outlined in Attachment F. The NOAB may lease or otherwise grant
permission to third parties to provide the same and/or competing concessions in the future.
8. Property Taxes
Interested proposers should familiarize themselves with Louisiana law, including but not limited
to Article VII, Section 21 of the Louisiana Constitution, and La. R.S. 2:351(H), relating to
property taxes which may be applicable to the leased premises. It is the sole responsibility of the
interested proposers to make an independent determination of whether the property to be leased
is subject to property taxes. The NOAB and the City assume no responsibility for advising
proposers with respect to whether the leased premises are or are not exempt from the payment of
property taxes under Louisiana law, including but not limited to Article VII, Section 21 of the
Louisiana Constitution and La. R.S. 2:351(H). In no event shall the City or the NOAB be liable
for the payment, collection or remittance of property taxes on the leased premises. Should
interested proposers determine that the leased premises are exempt from the payment of property
taxes, interested proposers should nevertheless, in an abundance of caution, be prepared to make
a "Payment in Lieu of Taxes" to the applicable governmental entities as part of the governmental
approval process for the hotel development.
9. Restrictions Relating to Airport Concessions
The NOAB has concession agreements for food and beverage operations, news and gift sales,
and advertising at the Airport. Receipts from these concessions comprise a significant portion of
the Airport's non-airline revenues.
Proposers must include within their submittal a written food and beverage, news and gifts, and
advertising plan which clearly identifies proposed concessions. Any changes to the concessions
plan between proposal submittal and award of contract will require equivalent rated concessions
to be implemented. The concessions plan should ensure convenience to the guests of the hotel
and the ability of the hotel to meet the requirements of a full service, Three-Star chain affiliation,
but which recognizes the need of the Airport to preserve its terminal concessions revenues.
Catering and delivery services to and within the terminal are strictly prohibited.
Lessee shall be required, and shall require all sublessees, to install a cash control system or point
of sale equipment which shall record all sales or service transactions by category with all data
necessary to provide the Lessor with information required in the lease agreement. All cash
registers must be equipped with tapes, or similar records, upon which transaction details are
imprinted. Beginning and ending sales totalizer counter readings shall be recorded at least once
every 24 hours or as frequently as the system will allow. Additionally, the sales or cash receipt
system must be capable of proving, in a satisfactory manner to the Lessor, that all transactions
are recorded.

Concessions area may not exceed 7.5% of the total square footage of the hotel. There is no
prohibition against the hotel lessee entering into a separate agreement with one of the Airports
news and gift, food and beverage, and/or advertising concessionaires as is utilized in the
terminal. The lessee will be prohibited from providing rental car sales or any other
transportation services or transportation operation in competition with Airport ground
transportation providers.
10. Restrictions on Parking
The Airport currently provides multiple parking options for the traveling public and persons who
work at the Airport, including a short-term garage, a long-term garage and various surface lots.
Receipts from parking operations comprise a significant portion of the Airport's non-airline
revenues, and are further subject to certain restrictions and covenants contained in bond
indentures from bond issuances made for the purpose of developing the Airport's parking
opportunities.
The lease agreement requires that overnight guests of the hotel and attendees at hotel special
events pay standard daily parking rates in the Airports parking concessions. The Airport
maintains a specific lot for employee parking and shuttles employees from the employee lot to
the terminal at a reduced rate. Hotel guest parking may be supplemented by a valet parking
option utilizing the Southside long term garage.
Lessee will be responsible for securing adequate parking for the Hotel Concession consistent with
local rules and regulations. No parking spaces are included in the Lease. The NOAB is willing to
designate the minimum number of parking spaces required by local law for use by Hotel guests.
Any designated parking for hotel guests will not be exclusive and guests will be required to pay the
Airports standard daily parking rates directly to the NOAB or the NOABs concessionaire
responsible for the parking operations that includes Hotel-Concession designated parking. Rates
that are charged by Lessee for valet may not be less than the highest standard airport daily parking
rates issued by the NOAB.
Lessee is prohibited from competing with the Airports parking operations. Competition with the
Lessees parking operations includes but is not limited to: 1) making parking available to customers
at the same rate or below the rate charged by the Lessor or the Lessors tenants for the same or
comparable parking; 2) offering weekly, monthly, or annual parking rates; 3) providing parking for
customers who are not customers of the Hotel; and 4) providing parking for customers of the Hotel
in combination with other goods or services. See Section 13 of Attachment F. Failure to comply
with the parking restrictions described herein shall be considered a material default of the lease
agreement.
The Airports standard daily parking rates may range from $20.00 to $30.00 per space per day.
Rates that are charged by the hotel for valet parking may not be less than the highest Airport
parking rates set or approved by the NOAB.

11. Governmental Approvals and Permits


The selected Proposer must provide evidence acceptable to the NOAB that it has secured all
required governmental approvals and permits necessary for the construction of the hotel within
twelve (12) months of the date of the award by the NOAB or as early as necessary to meet the
Proposers schedule. The successful Proposer will be required to comply with all applicable
Federal Aviation Administration (FAA) requirements, including, but not limited to, completion
of FAA Form 7460-1 Notice of Proposed Construction or Alteration. Responsibility for
securing all required governmental approvals and permits shall rest solely with the selected
lessee, and shall be at the sole expense of the selected lessee. Neither the NOAB nor the City
shall have any liability or responsibility for obtaining any required governmental approvals and
permits, or for bearing any portion of the expense incurred in obtaining such approvals and
permits. The NOAB and the City shall not be liable for any expense or claim of the lessee
should the selected lessee fail to timely obtain, or be unsuccessful in obtaining, any required
governmental approvals and permits necessary for the construction and/or operation of the hotel,
and by submitting a response to this RFP, the proposer thereby expressly waives any such claims
against the NOAB and the City. Should the selected lessee be unable to obtain all required
governmental approvals and permits necessary for the construction of the hotel within twelve
(12) months of the date of award, the NOAB shall have the right, at its sole option, to terminate
the lease for the hotel tract, with no liability by the City and NOAB to the lessee. In the event
that the NOAB terminates the lease due to the failure of the selected lessee to secure all required
governmental approvals and permits within twelve (12) months from the date of award, the
$100,000 proposal bond submitted by the lessee to the NOAB and City in connection with its
proposal will be forfeited, in addition to the performance bond covering the annual ground rent
for the first year of the lease.
12. Technical Information
Refer to Attachment G for all technical information.
13. Targeted and Disadvantaged Targeted Worker Program First Source Recruitment of
Work Force
The selected Proposer and its subcontractors agrees to demonstrate good faith efforts to fully carry
out the requirements of the Targeted and Disadvantaged Targeted Worker Program (Program) as
defined herein. If the Proposer fails to comply with the requirements of the Program during the
term of the Agreement, said failure may result in termination of the Agreement or pursuit of other
remedies.
The Proposer, its subcontractors and subtenants shall make ensure that the hiring goals and
apprentice participation goals outlined below are met. These goals will be evaluated annually
and may be modified to reflect the availability of Targeted and Disadvantaged Targeted
Workers.

Construction:
A. 30% of all project craft hours performed by Louisiana workers shall be performed by
Targeted Workers.
B. 10% of project craft hours performed by Targeted Workers shall be performed by
Disadvantaged Targeted Workers.
C. Where applicable utilize Apprenticeship Programs to employ the maximum number of
apprentices allowed by law to ensure that at least 10% of all work hours performed by
Louisiana apprentices are performed by Disadvantaged Targeted Workers.
Operations:
D. 50% of permanent employees to be Targeted Workers.
E. 30% of permanent employees to be Disadvantaged Targeted Workers
The selected Proposer and subtenants shall utilize Citys government office, The Office of
Workforce Development (OWD), as its first source for recruitment, referral, and placement of all
new hires for employment opportunities at the Airport hotel. The Proposer and subtenants shall
notify OWD of its specific need for new employees at least five (5) business days before advertising
the employment opportunity to the general public. Specific needs shall include, at a minimum, the
number of employees needed by job title, qualifications, hiring date, rate of pay, hours of work,
duration of employment, and a brief description of the work to be performed. OWD will screen
applicants and provide the Proposer and subtenants with a list of qualified candidates according to
the specific needs set forth by the Proposer or subtenants. The Proposer or subtenants shall assess
qualified candidates and notify OWD of those referred first source candidates solicited who are
deemed unqualified and the reason(s) why they failed to qualify for employment. This First Source
program does not limit the Proposer or its subtenants' ability to assess qualifications of prospective
candidates for employment. Nor does this provision make final hiring and retention decisions.
Rather, all hiring decisions are left to the Proposer or its subtenants and this first source program is
simply a tool to be used as the first source for recruitment, referral and placement of new hires. By
submitting a Proposal, a Proposer acknowledges that it shall use OWD as its first source for
recruitment, referral, and placement of all new hires for employment opportunities created by the
Hotel Concession. The Proposer will include the requirements of this provision in all joint-venture
agreements, leases, subleases, and subcontracts regarding the Hotel Concession.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

ATTACHMENT B
AIRPORT HOTEL ACDBE SCHEDULE OF CONTRACT PARTICIPATION
OPERATIONS

ATTACHMENT B2
AIRPORT HOTEL ACDBE SCHEDULE OF CONTRACT PARTICIPATION
REVENUE/DIRECT PARTICIPATION

ATTACHMENT B3
SLDBE PARTICIPATION PLAN

ATTACHMENT B4
SLDBE COMPLIANCE FORM 1

ATTACHMENT B5
SLDBE COMPLIANCE FORM 2

ATTACHMENT C
NON-COLLUSION AFFIDAVIT
STATE OF

PARISH OF
, being first duly sworn, deposes and says

that:
1. He / She is [choose one:] (Owner) (Partner) (Office) (Representative) or (Agent) of:
______________________________________, the Proposer that has submitted the
attached proposal:
2. Such proposal is genuine and is not a collusive or sham proposal;
3. Neither the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties of interest, including this affiant, has in any way colluded,
conspired, connived or agreed, directly, or indirectly with any other p r o p o s e r , firm
or person to submit a collusive or sham p r o p o s a l in connection with the Contract for
which the attached proposal has been submitted or to refrain from proposing in connection
with such contract, or has in any manner, directly or indirectly sought by agreement or
collusion or communication or conference with any other proposer, or to fix any overhead,
profit or cost element of the proposal price or the proposal price of any other proposer, or
to secure through any advantage against the City of New Orleans of any person interested
in the proposed contract; and
4. The price or prices quoted in the attached proposal are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or
any of its agents, representatives, owners, employees, or parties in interest, including this
affiant.
______________________________________________________________________________
_________
Signature of [choose one:] (Owner) (Partner) (Office) (Representative) or (Agent)

Subscribed and sworn to, this_________ day of

, 20

__ .

_____________________________________________________
NOTARY PUBLIC
(Seal)
My commission expires

ATTACHMENT D
NOAB CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT
STATE OF LOUISIANA
Parish of
Before me, the undersigned authority came and appeared
being sworn, deposed and said that:
He/she is the
, hereafter called Proposer.

, who,

and authorized representative of

The Proposer submits the attached in response to the solicitation # 8910-XXXXX


The Proposer hereby confirms that a conflict of interest
exists / does not exist / may exist (circle one)
in connection with this solicitation which might impair Proposers ability to perform if awarded
the contract, including any familial or business relationships that the Proposer, the proposed
subcontractors, and their principals have with City or NOAB officials or employees.
If any owner, officer, or employee of Proposer or any of Proposers subcontractors (whether
identified in response or not) is currently an officer, employee, or board member of the City of
New Orleans or of any of its departments, boards, or commissions, committees, authorities,
agencies, public trusts, or public benefit corporations, please state (attach extra sheets if
necessary):
A. Name or names of said owner, officer or employee (N/A if none):
B. Relationship to proposer and/or proposers subcontractor(s):
C. Describe relationship with City board, agency, department, commission, authority, public
trust, or public benefit corporation:
D. If proposer or person(s) identified believe that the relationship is not or would not be a
violation of applicable ethics laws, fully explain why not (attach letter of explanation).

Proposer Representative (Signature)

Title

SWORN AND SUBSCRIBED, before me, this


.

day of

, 20

NOTARY PUBLIC
(Seal)
My commission expires

ATTACHMENT E
PAYMENT PROPOSAL FORM

Name of proposer: _____________________________________

1.

State here the percentage of Gross Revenues that you propose to pay annually as a
concession fee for the lease of the hotel.
The Minimum Annual Guarantee (MAG) shall be set at $450,000.

______________% of Gross

2.

State here the amount per square foot that you propose to pay annually for Ground Rent.
The Minimum Ground Rent is estimated to be $4.50 per square foot per annum
based upon current Fair Market Value.
$______________ per Square Foot

ATTACHMENT F
NON-NEGOTIABLE LEASE AGREEMENT

LEASE AND DEVELOPMENT AGREEMENT


Between
THE CITY OF NEW ORLEANS
By and Through
THE NEW ORLEANS AVIATION BOARD
And
________________________________

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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2.1

Definitions ....................................................................................................................................... 9
Term..12
Development Period.................................................................................................................... 12

2.2

Hotel Operation Term ................................................................................................................. 13

1.
2.

2.3
Waiver of Direct and Consequential Damages for Delays in Construction of the North Terminal
project13

4.1

Leased Premises ........................................................................................................................... 14


Improvements by Lessee ............................................................................................................. 14
General ........................................................................................................................................ 15

4.2

Cooperation during Development ............................................................................................... 15

4.3

Preliminary Plans ........................................................................................................................ 16

4.4

Review of and Comment on Preliminary Plans .......................................................................... 16

4.5

Final Plans................................................................................................................................... 16

4.6

Approval of Final Plans .............................................................................................................. 16

4.7

Modification of Final Plans......................................................................................................... 17

4.8

Performance and Payment Bond for Construction...................................................................... 17

4.9

Notice of Completion .................................................................................................................. 17

4.10

As-Constructed/Record Drawings .............................................................................................. 17

4.11

Removal of Unapproved Improvements ..................................................................................... 18

4.12

Certification of Facility Build-Out Investments and Mid-Term Refurbishments ....................... 18

4.13

Improvements or Alterations ...................................................................................................... 18

3.
4.

5.1

Use of the Leased Premises ......................................................................................................... 18


Authorized Use ........................................................................................................................... 18

5.2

Limitations on Use ...................................................................................................................... 19

5.3

Special Standards for the Operation of Hotel Concession .......................................................... 20

5.4

Performance Standards ............................................................................................................... 20

5.

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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6.1

R e nt 20
Ground Rent ................................................................................................................................ 20

6.2

Concession Fees .......................................................................................................................... 21

6.3

Annual Reconciliation of Concession Fees ................................................................................ 22

6.4

Performance and Payment Bond ................................................................................................. 22

6.5

Additional Fees, Charges and Rentals ........................................................................................ 22

6.6

Interest Charges Applied To Late Payments ............................................................................... 23

6.7

No Warranties regarding Hotel Concession................................................................................ 23

6.

7.
8.
9.
10.
11.
11.1

Utilities .......................................................................................................................................... 23
Survey ........................................................................................................................................... 24
Zoning and Public Approvals ................................................................................................... 24
Property Taxes ............................................................................................................................. 25
Airport Concessions/ Disadvantaged Business Enterprise Participation.............................. 25
NOAB Policy. ................................................................................................................................ 25

11.2

ACDBE Goals. ............................................................................................................................ 26

11.3

Good Faith Efforts ...................................................................................................................... 26

11.4

Administrative Reconsideration .................................................................................................. 27

11.5

Removal and Substitution ........................................................................................................... 28

11.6

Reporting..................................................................................................................................... 29

11.7

ACDBE Locations. ..................................................................................................................... 29

11.8

Failure to Meet Goals.................................................................................................................. 29

11.9

Commercially Useful Function ................................................................................................... 30

11.10 ACDBE Fraud............................................................................................................................... 30


11.11 Continued Non-Compliance ....................................................................................................... 30
11.12 ACDBE Participation Review .................................................................................................... 31
13.
Maintenance of Leased Premises ............................................................................................ 33
13.1 Responsibility of Lessor.............................................................................................................. 34

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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13.2

Responsibility of Lessee ............................................................................................................. 34

14.
Parking.......................................................................................................................................... 35
14.1 Employee Parking ....................................................................................................................... 35
14.2

Guest Parking .............................................................................................................................. 35

14.3

No Competing Parking Operations Permitted............................................................................. 35

15.
Insurance ....................................................................................................................................... 36
15.1 Required insurance..................................................................................................................... 36
15.2. Insurance Policies. ...................................................................................................................... 36
16.
Default ........................................................................................................................................... 37
16.1. Lessee Conditions of Default. ..................................................................................................... 37
16.2. Lessor Conditions of Default. ....................................................................................................... 38
16.3. Remedies for Lessee Event of Default. ....................................................................................... 39
16.4. Remedies for Lessor Event of Default. ....................................................................................... 39
17.
Damage or Destruction of Improvements .............................................................................. 40
17.1 Definitions................................................................................................................................... 40
17.2

Repair Obligations and Rights of Termination ........................................................................... 40

17.3

Limitation on Lessor's Obligations ............................................................................................. 41

17.4

The Payment of Rent .................................................................................................................. 41

18.
19.
20.
21.
21.1

Warranty or Representation of Premises .................................................................................. 42


Environmental Obligations ......................................................................................................... 42
Clean Water Act........................................................................................................................... 43
Assignment and Subletting.......................................................................................................... 44
Mortgage ..................................................................................................................................... 44

21.2

Transfer/Sublet ............................................................................................................................ 44

21.3

Permission to Sublease................................................................................................................ 44

21.4

Lessor Consent ............................................................................................................................ 45

22.

Records and Reports ................................................................................................................... 45

22.1

Monthly Report ........................................................................................................................... 45

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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22.2

Annual Report ............................................................................................................................. 46

22.3

Delinquent Annual Report .......................................................................................................... 46

22.4

Delinquent Monthly Report ........................................................................................................ 47

23. Targeted and Disadvantaged Targeted Worker Program First Source Recruitment of Work
Force.47
24.
Miscellaneous Provisions ............................................................................................................. 50
24.1 Airport Security .......................................................................................................................... 50
24.2

Amendment Required by FAA/TSA........................................................................................... 51

24.3

Accord and Satisfaction .............................................................................................................. 51

24.4

Governmental Approvals Licenses and Permits ......................................................................... 51

24.5

Surveys and Inspections .............................................................................................................. 52

24.6

Aviation Hazard .......................................................................................................................... 52

24.7

Avigation Servitude .................................................................................................................... 52

24.8

Compliance with ADA................................................................................................................ 53

24.9

Equipment/Material .................................................................................................................... 53

24.10 Personal Property ........................................................................................................................ 53


24.11 Time of the Essence .................................................................................................................... 53
24.12 Title to Tenant Improvements ..................................................................................................... 53
24.13 Access ......................................................................................................................................... 54
24.14 Casualty....................................................................................................................................... 54
24.15 Condemnation ............................................................................................................................. 55
24.16 Subordination .............................................................................................................................. 55
24.17 Nonexclusive Rights ................................................................................................................... 55
24.18 Notice of Claims and Suit ........................................................................................................... 56
24.19 Retention of Records................................................................................................................... 56

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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24.20 Title and Quiet Possession .......................................................................................................... 56


24.21 Rules and Regulations................................................................................................................. 56
24.22 Force Majeure ............................................................................................................................. 57
24.23 Notices and Communications ..................................................................................................... 57
24.24 Equal Employment Opportunity ................................................................................................. 58
24.25 Delinquent Taxes ........................................................................................................................ 58
24.26 Acknowledgment of Exclusion of Unemployment Compensation Coverage ............................ 59
24.27 Acknowledgment of Exclusion of Workers Compensation Coverage ...................................... 59
24.28 Amendment ................................................................................................................................. 59
24.29 Audit and Inspection ................................................................................................................... 59
24.30 Choice of Laws ........................................................................................................................... 60
24.31 Conflict of Interest ...................................................................................................................... 60
24.32 Construction of Agreement ......................................................................................................... 60
24.33 Convicted Felon Statement ......................................................................................................... 60
24.34 Counterparts ................................................................................................................................ 60
24.35 Electronic Signature and Delivery .............................................................................................. 61
24.36 Employee Verification ................................................................................................................ 61
24.37 Entire Agreement ........................................................................................................................ 61
24.38 Exclusive Jurisdiction and Venue ............................................................................................... 61
24.39 Incorporation into Subcontracts .................................................................................................. 61
24.40 Indemnification ........................................................................................................................... 62
24.41 Independent Contractor Status .................................................................................................... 62
24.42 Limitations of the Lessors Obligations ...................................................................................... 62
24.43 Living Wages .............................................................................................................................. 62

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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24.44 No Third Party Beneficiaries ...................................................................................................... 63


24.45 Non-Discrimination .................................................................................................................... 63
24.46 Non-Solicitation .......................................................................................................................... 63
24.47 Non-Waiver................................................................................................................................. 63
24.48 Ownership Interest Disclosure .................................................................................................... 63
24.49 Prohibition against Financial Interest in Agreement ................................................................... 64
24.50 Prohibition on Political Activity ................................................................................................. 64
24.51 Remedies Cumulative ................................................................................................................. 64
24.52 Severability ................................................................................................................................. 64
24.53 Survival of Certain Provisions .................................................................................................... 64
24.54 Terms Binding ............................................................................................................................ 64
24.55 Waiver of Benefits ...................................................................................................................... 64
25.
Required Federal Provisions ....................................................................................................... 65
25.1 Civil Rights General ................................................................................................................ 65
25.2

Title VI - Compliance with Nondiscrimination Requirements ................................................... 65

25.3 Title VI - Title VI Clauses for Transfer of Real Property Acquired or Improved Under the
Activity, Facility, or Program ................................................................................................................. 66
25.4 Title VI - Clauses for Construction/Use/Access to Real Property Acquired Under the Activity,
Facility or Program ................................................................................................................................. 67
25.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities ................................................ 67
25.6 Fair Labor Standards Act ................................................................................................................ 69
25.7 Occupational Safety and Health Act of 1970.................................................................................. 69
26.

Incorporation of Exhibits ............................................................................................................ 69


EXHIBIT A - Scope of Design, Construction, and Operation of Airport Hotel ............................ 74
EXHIBIT B - Leased Premises ...................................................................................................... 75
EXHIBIT C - PERFORMANCE STANDARDS ............................................................................ 76
EXHIBIT D - LESSEES PRODUCTS AND TYPES OF SERVICES ........................................ 83
EXHIBIT E - TECHNICAL OVERVIEW ............................................................................... 84

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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EXHIBIT F- LESSEES RFP RESPONSE .............................................................................. 85

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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THIS LEASE AND DEVELOPMENT AGREEMENT (the Lease) is made and entered
into by and between the City of New Orleans (City), represented by Mitchell J. Landrieu, its
Mayor, by and through the New Orleans Aviation Board (Board), represented by Cheryl
Teamer, its Chairwoman (the City and Board collectively referred to as Lessor); and
______________________ (Lessee), represented by ______________________, its ______________________. The Lease is effective _______________ (the Effective Date).
WITNESSETH
WHEREAS, the City owns certain immovable property located in Jefferson Parish,
Louisiana and more particularly described as the Louis Armstrong New Orleans International
Airport and certain immovable property surrounding the Louis Armstrong New Orleans
International Airport (the Airport Property);
WHEREAS, the Board is charged with the administration and operation of the Louis
Armstrong New Orleans International Airport (the Airport) and all property owned on
connection therewith;
WHEREAS, on _________ the Lessor issued a Request for Proposals for Design,
Construction and Operation of Airport Hotel #8910-02036 (RFP) seeking qualified firms to
design, construct, and operate a hotel on Airport Property;
WHEREAS, the Lessee submitted a written proposal dated __________________, which
is attached hereto as Exhibit F, and the Lessor has selected Lessee to design, construct, and
operate a hotel as described in the RFP;
WHEREAS, Lessee desires and is fully qualified to design, construct, and operate a
hotel facility on said Airport Property, together with certain privileges, rights, uses, and interests
therein as hereinafter set forth; and
WHEREAS, the Board approved this Lease, subject to New Orleans City Council and
Federal Aviation Administration approval, at its meeting on ____________________.

NOW THEREFORE, in consideration of the mutual covenants, terms and conditions


contained in this Lease, and other valuable considerations, Lessor and Lessee agree as follows:
1.

Definitions

Airport means the land, with all improvements thereon and to be erected thereon, owned
and/or operated by the Board, designated as Louis Armstrong New Orleans International Airport
and the locations as may be added from time to time.

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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Authorized Representative. The Airports Authorized Representative during the performance


of this Lease is the Director of Aviation. The Director may, in his sole discretion, delegate
certain functions under this Lease to one or more persons. Aviation Board, Board and
NOAB shall mean the New Orleans Aviation Board, an unattached board within the executive
branch of the City of New Orleans.
City means the City of New Orleans and all departments and agencies thereof.
Concession Fee means the Minimum Annual Guarantee or percent of gross receipts,
whichever is greater.
"Construction Cost Statement" means the verified statement of cost as approved by Lessor. Said
Construction Cost Statement shall be certified by Lessee's duly appointed chief financial officer
or an independent certified public accountant, in detail satisfactory to Lessor, showing the actual
cost to Lessee as a result of Lessee's construction of Tenant Improvements.
CMAR or Construction Manager at Risk means the Hunt Boh Gibbs Metro, Joint Venture,
who is charged with the construction of the new North Terminal and adjacent construction for
the Airport. The CMARs scope of work includes construction of the parking garage and related
facilities that will be near or adjacent to the Hotel project covered by this Lease.
Date of Beneficial Occupancy means the first day on which Tenant Improvements are: 1)
substantially complete as certified by the engineer of the construction project and 2) are ready to
be used for its intended purpose consistent with the opening of the North Terminal, which is
currently scheduled to open on October 1, 2018.
Development Period means the period from the Execution Date to the Date of Beneficial
Occupancy.
Director of Aviation or Director means the Authorized Representative of the Airport as
appointed by the NOAB.
Execution Date means the date this Lease is approved and executed by the City.
"Facility Build-Out Investment" means the lowest build-out investment per hotel room to be
spent by Lessee for the hotel facility developed at Airport.
"Gross Revenues" means all monies received by or due to Lessee, subtenants, or any other
person selling goods or services for a profit in, at or from the Leased Premises for cash, credit or
otherwise, without reservation or deduction for uncollected amounts, credit card fees or charges,
or collection costs, including, but not limited to:

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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10

a.
All guest room rental transactions, sales, meeting facilities charges, catering fees,
restaurant room service and other services occurring on the Leased Premises as
authorized pursuant to this Lease;
b.
Any income resulting from transactions originating in, at, or from the
Leased Premises, and deposits not refunded to customers;
c.
Compensation of any kind received from a distributor or manufacturer for
promoting or advertising any product on the Leased Premises or elsewhere at the
Airport; and
d.
Compensation of any kind received from hotel parking anywhere on the
Airports premises.
"Gross Revenues" of Lessee, and any other person selling goods or services for a profit
in, at or from the Leased Premises shall exclude:
a. All credits or refunds made to customers under such generally acceptable terms and
conditions as are first approved in writing by the Lessor.
b. All sums or credits received in settlement of claims for loss or damage
to merchandise.
c. All transient occupancy taxes, sales taxes, retailers' excise taxes, Gross Revenues
taxes, transaction taxes, or similar equivalent taxes paid to or collected by or
payable by Lessee, or any other person selling goods or services for a profit in, at
or from the Leased Premises, as are first approved in writing by the Lessor as
excludable items.
d. The amount of any gratuities paid or given by patrons or customers to or for
employees of Lessee, or any other person selling goods or services for a profit in,
at or from the Leased Premises.
Ground Rent means the appraised value of the land within the Leased Premises. Ground rent
begins on the Execution Date.
Hotel Concession means the provision of hotel services by Lessee. These services may
include but are not limited to rental of guest rooms, operation of restaurant(s) for hotel guests
and others customers, provision of room service 24 hours a day, coordination of meeting and
conference facility rental including catering, operation of a newsstand and gift shop within the
Leased Premises and any services incidental to these services.

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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11

Leased Premises or Premises means those certain Leased Premises leased by Lessee at
Airport, more particularly described in Section 3.
Lease Year means a period of twelve (12) consecutive calendar months commencing upon the
Rental Commencement Date of the Lease.
Parsons Brinkerhoff, Inc. or Program Manager means the consultant serving as the program
manager on the construction of the Airports North Terminal and related infrastructure and
facilities, including but not limited to being the Program Manager for the construction of the
parking garage and adjacent facilities that will be near or connected to the Hotel that is the
subject of this Lease.
Rental Commencement Date means the date Lessee is obligated to commence payment of both
Ground Rent and Concession Fees under this lease and will be on the same date as the North
Terminal opening, which shall be the later of October 1, 2018 or the date of the first commercial
flight from the North Terminal.
Sign means any advertising sign, billboard, identification sign or symbol, poster, or other
similar device, regardless of content.
Tenant Improvements means all improvements or alterations constructed and installed on the
Leased Premises by Lessee, its agents, employees, Subtenants, contractors, subcontractors,
licensees and/or representatives that are affixed in any manner to the Leased Premises and that
have been approved by the Lessor.
Trade Fixtures means, but will not be limited to: all fixtures, furnishings, equipment, and
machinery used in connection with Lessees required or permitted activities pursuant to this
Lease, whether or not such machinery or equipment is bolted or otherwise attached to the Leased
Premises; and all other miscellaneous personal property affixed in such a manner that they can
be readily removed without damage to the remainder of the Leased Premises and without
substantially changing the character of the improvements. All non-affixed items, including point
of sale equipment, movable furnishings, safes, racks, telephone equipment, and non-affixed
display fixtures, shall be deemed to be Trade Fixtures for purposes of this Lease.
2.

Term

2.1

Development Period

The Development Period shall commence upon the Execution Date; provided, however, that
such commencement date of the Development Period shall be for purposes of design and

LEASE AND DEVELOPMENT AGREEMENT BETWEEN


THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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12

construction of Lessees hotel facility only. In no event shall the Development Period extend
beyond the Date of Beneficial Occupancy, except as otherwise extended herein.
2.2

Hotel Operation Term


(a) The initial Hotel Operation Term of this Lease shall be for a period of (30) Lease
Years beginning on the Rental Commencement Date. In no event shall the Rental
Commencement Date extend beyond the date of the North Terminal opening, except as
otherwise extended herein. The Lessee is obligated to continuously operate a hotel with
the Products and Types of Services as described in Exhibit D attached during the entire
Hotel Operation Term.
(b) Provided that Lessee is in compliance with the provisions of this Lease, Lessee may,
upon expiration of the initial Hotel Operation Term, renew this Lease for up to two (2)
renewal periods of ten (10) years each by providing written notice to Lessor of its intent
to exercise each such renewal option at least six (6) months but not more than (12)
months prior to the expiration of the then current term. If Lessee does not notify Lessor
of its intent to exercise any renewal option hereunder within forty-five (45) days of the
expiration of the notice period, Lessor shall notify, in writing, Lessee of its failure to
exercise such option and Lessee shall have the balance of the notice period to exercise the
option. If, following receipt of the written notice of Lessees intention to renew the
Lease, Lessor determines that Lessee is not entitled to renew the Lease by virtue of
Lessees failure to comply with the provisions of this Lease, Lessor shall provide written
notice thereof to Lessee within forty-five (45) days after Lessors receipt of Lessees
written notice. If Lessee shall thereafter cure such failure to comply with any provisions
of this Lease within the following forty-five day period, Lessor shall thereupon notify the
Lessee of its concurrence to the exercise of such renewal period. All terms, conditions
and provisions of this Lease shall remain in full force and effect during any such renewal
term.
(c) The initial Hotel Operation Term together with all renewal terms is hereafter
collectively referred to as the Term.

2.3
Waiver of Direct and Consequential Damages for Delays in Construction of the
North Terminal project.
The Airport is currently in the construction phase of building its new North Terminal and related
facilities. This construction is anticipated to take place during Development Period under this
Lease. The Airport does not warrant any specific completion date or date for the commencement
of operations for the North Terminal or its related facilities, including access roads. The Lessee
LEASE AND DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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13

is solely responsible for any costs or damages of whatever kind, direct or indirect, resulting from
any delays in the construction or opening for operations any part of the North Terminal project or
its related facilities. Lessee is encouraged to mitigate with appropriate insurance the Lessees
risks that may be associated with any delays in the Airports construction of the North Terminal
Project and related facilities. The Lessor will not reduce rent or make other financial
accommodations to Lessee based on any delays in the construction of the North Terminal
Project, the opening and/or when operations begin at the North Terminal, or the fluctuation in
passenger-related traffic at the Airport.
3.

Leased Premises

Lessor hereby leases to Lessee and Lessee hereby hires, accepts, and takes from Lessor those
certain Leased Premises at the Airport, shown in Exhibit B attached hereto and incorporated
herein by this reference. The Leased Premises consists is estimated at approximately 22,985
square feet of space. However, the Lessor does not warrant the exact square footage of space
available for lease; Lessee is responsible for confirming exact square footage and assumes all
risks associated therewith. Lessee is solely responsible for confirming the precise location,
including metes and bounds, of the leasehold through a certified land survey due from the Lessee
before the Lessee issues Final Plans pursuant to section 4.5 below.
4.

Improvements by Lessee

During the Development Period, Lessee shall, at its sole cost and expense complete the
construction of a hotel facility as described throughout this Lease (hereinafter Project) on the
Leased Premises. The Project shall include all Tenant Improvements and Trade Fixtures, Signs,
and any additional items necessary for the operation of the Hotel Concession.
Except as otherwise provided herein, Lessee shall make and maintain, at Lessee's own expense,
all Tenant Improvements necessary to operate the Hotel Concession, including, but not limited
to, reception counters, guest rooms, interior partitions, lighting, fixtures, wall and ceiling
finishes, flooring and floor coverings, and all other equipment necessary for the proper conduct
of Lessee's business. Lessee shall supply all Trade Fixtures. All Trade Fixtures contained within
the Leased Premises must be of first-class quality, safe, fire resistant, and attractive materials. All
materials used by Lessee to construct its Tenant Improvements may be installed only with the
Lessor's prior written approval.
The Project and any future projects shall be constructed in accordance with this Lease and all
applicable laws, regulations, and permit requirements, including those of the Lessor.
Lessee shall make, at its own expense, mid-term refurbishment of the Leased Premises
consisting of a minimum investment of $15,000 per room in accordance with industry standards.
LEASE AND DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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This is a firm commitment to reinvest in the facilities and replace worn and damaged finishes.
The refurbishment minimum is not for ordinary or deferred maintenance, which is an ongoing
requirement, but is a commitment to renew and replace worn surfaces such that it would
constitute additional capital investment. The refurbishment requirement, which is an obligation
to be satisfied during the fifteenth Lease Year of the Hotel Operation Term, is subject to prior
consultation and approval by Lessor. Failure to complete the mid-term refurbishment pursuant
to the provisions hereof shall be considered a material default of this Lease.
Any review or approval by Lessor of Lessee's plans or an inspection by Lessor of the Project
work or materials shall not be deemed to constitute a waiver or release by Lessor of any
obligation or responsibility of Lessee hereunder, or an assumption of any risk or liability by
Lessor with respect thereto, and Lessee shall make no claim against Lessor on account of such
review, approval, or inspection.
Lessee shall cause all improvements authorized herein to be constructed only by a contractor
properly licensed by the State of Louisiana to construct such improvements.
Lessee shall be solely responsible for payment to such contractor for all elements of such
construction, and shall keep the Leased Premises free and clear of all mechanics liens resulting
from any construction thereto by or on behalf of Lessee. Lessee may contest the correctness or
validity of any such lien, but shall indemnify, defend, and hold harmless Lessor, its elected
representatives, officers, agents, and employees, and the Leased Premises from any and all
claims and liability for payment of any such lien.
4.1

General

No improvements, alterations or repairs of any kind shall be erected, placed, assembled,


constructed or permitted on the Leased Premises without first obtaining written authorization
from Lessor. In the sole opinion of Lessor, if the proposed improvement, alteration or repair
project is of a minor nature, the project may be reviewed and approved solely by the Director.
The Lessor, at its sole discretion, based on the nature of the proposed improvement, alteration or
repair project may waive one or more of the procedures as set forth in this Section herein. Notice
of such waiver shall be in writing. In the absence of such written waiver, Lessee must follow the
procedures as set forth herein.
4.2

Cooperation during Development

During all phases of development of the H o t el C o n c essi on , Lessee and Lessor shall
cooperate and provide each other such other documentation or information reasonably
requested by either party to ensure the proper and timely coordination of the development
task or activities.
LEASE AND DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF NEW ORLEANS BY AND THROUGH THE NEW ORLEANS AVIATION BOARD AND
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15

During the Development Period, Lessor shall coordinate construction and access to the Leased
Premises with the Construction Manager At-Risk (CMAR) through the Program Manager for
the Airports new North Terminal Development Project as the Development Period will be
simultaneous with the development of the Airports new North Terminal.
4.3

Preliminary Plans

Prior to the preparation of preliminary plans, Lessee shall contact the Program Manager to
schedule a pre-Project meeting to brief Lessor on the proposed improvement. Preliminary plans
shall show the full extent of the improvements to be constructed including structural details and
utility locations showing the relationship of the proposed improvements to current buildings and
utility connections.
Civil engineering plans shall include plan drawings submitted on a scale not smaller than one (1)
inch equals fifty (50) feet. Architectural plans shall include plan drawings at a suitable scale but
in no case shall the scale be smaller than 1/16 inch equals one (1) foot. Plans shall include
complete specifications in sufficient detail for Lessor to determine compatibility with Lessors
objectives for the overall aesthetic character and quality of the improvements. Architectural
projects shall include an accurate architectural perspective color rendering including the
proposed exterior color, scheme, style, materials, wording and placement of all Signs and Trade
Fixtures.
4.4

Review of and Comment on Preliminary Plans

Within ten (10) days from the date of receipt of the preliminary plans, the Lessor will return
plans with comments. Lessor review and comment on the preliminary plans does not mean or
infer that the proposed improvement has been approved by Lessor. Additional plans,
specifications or design features beyond those submitted with the preliminary plans may be
required and shall be prepared by Lessee at the request of Lessor.
4.5

Final Plans

A minimum of seven (7) copies of final plans and specifications showing responses to
comments received and setting forth in all necessary detail the requirements for construction of
the Project shall be submitted to the Lessor for approval prior to submitting plans to other
applicable agencies so that the Lessor may check them for design conformance with the
preliminary plans. A CD containing a pdf, dwf, or tif set matching the prints, plus all the CAD
related data used to create the plans in AutoCAD's "dwg" format must be included in the
submittal.
4.6

Approval of Final Plans

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Within fifteen (15) days of the date of receipt of the final plans, if final plans are approved, the
Lessor will return final plans to Lessee with a letter of approval. The Lessor will retain one (1)
full set of final plans. The Lessor approval of the final plans shall only mean that the proposed
improvement is consistent with the Lessors goals and objectives for the Project. After approval
of the final plans by the Lessor, Lessee has full responsibility for obtaining all required federal,
State and local approvals and permits including compliance with Louisiana Department of
Environmental Quality requirements.
4.7

Modification of Final Plans

Any modifications to the approved final plans including environmental mitigation measures,
modifications imposed by the Lessor, or construction change orders shall be submitted to the
Lessor for approval prior to construction.
4.8

Performance and Payment Bond for Construction

No later than 10 calendar days before the Lessee begins construction on the Hotel, Lessee shall
provide the Lessor at Lessees sole expense with performance and payment bonds in an amount
sufficient to cover the entire performance of constructing the hotel in the approved Final Plans;
said payment and performance bonds shall be made payable to the City of New Orleans and the
New Orleans Aviation Board. The surety company must be authorized to do business in the
State of Louisiana and have a rating of A or better in the most current edition of the A.M. Best
Insurance Report. The bonds must be countersigned by a Louisiana licensed agent authorized to
represent the surety company writing the bond and that agents power of attorney must be
attached to the bond submitted. The Performance and Payment Bonds shall be retained by the
Lessor for the entire term of the construction of the Hotel.
4.9

Notice of Completion

Within ten (10) days of construction completion, Lessee shall submit a Notice of Completion to
Lessor. Within ten (10) days of receipt of Notice of Completion, the Lessor may schedule an
inspection of the improvements to be accompanied by Lessee for purposes of confirming
compliance with the final plans and any subsequent modifications to the final plans.
4.10

As-Constructed/Record Drawings

Within sixty (60) days after filing a Notice of Completion, which is due within ten (10) days
after construction completion, Lessee shall furnish to Lessor one (1) complete set of electronic
AutoCAD format Record Drawings and one (1) complete set of either pdf, dwf, or tif files
showing the "as-constructed" improvements. Record Drawings shall be dated and stamped by the
engineer or architect of record. If by the sixty-first (61st) day after construction has been
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completed Lessee fails to submit "as-constructed" drawings, Lessee will pay penalties in the
amount of one hundred dollars ($100.00) per day until such a time when drawings have been
submitted.
4.11

Removal of Unapproved Improvements

Improvements made on Lessee's Leased Premises without the approval of final plans for said
improvements as outlined herein are hereby determined to be unapproved improvements
constructed or installed in violation of the conditions, restrictions and requirements of this Lease.
Unapproved improvements shall be immediately removed at Lessee's sole expense, unless
otherwise approved in writing by Lessor. Portions of improvements that are not constructed as
indicated and specified on approved plans are also hereby determined to be unapproved
improvements and shall be immediately removed or corrected at Lessee's sole expense.
4.12

Certification of Facility Build-Out Investments and Mid-Term Refurbishments

Lessee shall provide the Lessor with verifiable receipts and certified lien releases for its Facility
Build-Out Investments and mid-term refurbishments within ninety (90) days of the completion of
the construction/refurbishment to confirm the amount of the investments.
4.13

Improvements or Alterations

Lessee shall make no alterations or improvements, including repairs, to the Leased Premises
following Date of Beneficial Occupancy without the prior written approval of Lessor which shall
set forth the procedures applicable to the alteration. To obtain the Lessor's written authorization,
Lessee agrees to submit written specifications of the modifications requested. Lessor's approval
shall not waive any local, State or federal requirements governing such alterations and
improvements. All alterations, improvements or repairs made to the Leased Premises will be at
the sole cost and expense of Lessee.
5.

Use of the Leased Premises

5.1

Authorized Use

Subject to all applicable laws, regulations and limitations set forth in this Lease, Lessee shall
design, construct and operate a Hotel Concession on the Leased Premises. Lessee is also granted
the following use/rights in connection with Lessee's operation and the operations of any sublessees at the Airport as listed below:
a. The right to inspect and survey site to determine condition of Leased Premises in order to
install appropriate Tenant Improvements on the Leased Premises, provided that all such

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inspection, design and installation shall have the prior written approval of the Lessor as
required herein.
b. Lessee shall have the right and privilege to operate a Hotel Concession in the area(s)
designated on Exhibit B, including the right to rent guest rooms, conference facilities
and other facilities on the Leased Premises and the right to provide other services
incidental to and normally provided by a full service 3-Star Hotel as defined by the
American Automobile Association.
c. The right of ingress to and egress from the Leased Premises over and across roadways
servicing the Airport for Lessee, its Subtenants, agents, patrons, guests and suppliers.
d. The nonexclusive right and privilege to offer the types of products and services listed in
Exhibit D (Lessees Products and Types of Services, Exhibit D), in accordance with the
provisions of this Lease. All products provided by Lessee must be approved in writing by
the Board prior to being offered for sale within the Leased Premises. All products shall be
in good taste and in accordance with all applicable health and service codes and presented
in such manner as to be well received by the public. The Lessor reserves the right to
allow others to conduct the same or similar operations and/or to sell the same or similar
products elsewhere on the Lessors property.
5.2

Limitations on Use

In connection with the exercise of Lessee's rights and duties under this Lease, Lessee and any
of its officers, representatives, agents, employees, Subtenants, guests, patrons, contractors,
subcontractors, licensees, invitees, or suppliers shall not:
a. Sublease any or substantially all of the Leased Premises for the operation of the Hotel
Concession, without obtaining prior written approval by the Board.
b. Interfere with, or disturb the effectiveness or accessibility of the drainage and sewage
system, fire hydrants and hoses within the Airport;
c. Do anything that may invalidate, conflict with, or increase the rate of any insurance
policy(s) covering the Lessor or any part thereof. The Board, in its sole discretion, may
limit, modify, or require removal of any materials, parts or equipment which the Board
reasonably determines are not incidental to Lessee's operations by written notification to
Lessee. Lessee shall have forty-eight (48) hours from receipt of such notice to remove
and properly dispose of any items identified;
d. Interfere with the Lessors staff, businesses, or patrons, including unfair competition with
airport concessions. Concessions area square footage within the hotel may not exceed
7.5% of the total square footage of the hotel building;

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e. Use or allow the use of the Leased Premises or any other facilities within the Airport for
any improper, immoral, or unlawful purpose;
f. Obstruct the roadways or passageways adjacent to or within the Airport;
g. Conduct any business within the Airport other than that authorized by this Lease;
h. Advertise, solicit, or distribute materials within the Airport in any manner without the
advance written permission of the Board.
i. The lessee will be prohibited from providing rental car sales or any other transportation
operation in competition with Airport ground transportation providers.
5.3

Special Standards for the Operation of Hotel Concession

Lessee shall conduct all its permitted Hotel Concession on and from the Leased Premises, in
accordance with the following:
a. All Hotel Concession operations and services authorized hereunder shall be performed to
the highest accepted industry standard and in a manner deemed acceptable to Lessor.
b. Lessee shall provide a sufficient number of personnel to adequately and safely carry out
such services in a courteous, prompt and efficient manner adequate to meet the
reasonable demands of the public seeking such services on the Leased Premises.
c. Lessee shall provide such services on a fair, equal and non-discriminatory basis to all
users of the Airport and at fair, reasonable and non-discriminatory discounts, rebates and
other similar types of price reductions may be made to like types of purchasers and users.
5.4

Performance Standards
Lessee shall comply with the Performance Standards as shown on Exhibit C attached hereto
and incorporated herein by this reference. The Lessor may, throughout the Term of this
Lease, amend the Performance Standards with prior written notice. The Lessor shall provide
Lessee with the amended Performance Standards and written notice of the effective date of
any such amended Performance Standards prior to the effective date.

6.

Ren t

6.1

Ground Rent

In consideration of Lessees right to occupy the Premises, beginning the Date of Execution,
Lessee agrees to pay to Lessor ground rent (Ground Rent) in an amount equal to $___ per
square feet of land area (as proposed). Said Ground Rent shall be paid by Lessee to Lessor in

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equal monthly payments on the first of each month throughout the Term of the Lease. The
Ground Rent shall be adjusted according to the Consumer Price Index (CPI) annually on the
anniversary of the Execution Date; however, in no instance shall the Ground Rent be reduced to
an amount lower than the previous years established Ground Rent.
6.2

Concession Fees

Beginning on the Rental Commencement Date and throughout the entire Hotel Operation Term,
in addition to the Ground Rent required above, Lessee shall pay Lessor a Minimum Annual
Guarantee or Percentage Rent, whichever is greater as follows:
6.2.1

Minimum Annual Guarantee (MAG)

Lessee shall pay a MAG in twelve (12) equal monthly payments during each
Lease Year, in advance, on or before the first (1st) day of each full calendar
month, without prior notice or demand.
Beginning the first year of the Hotel Operation Term of this Lease, Lessee shall
pay a MAG of Four Hundred Fifty Thousand Dollars and 00/100ths
($450,000.00).
In the event of the expiration or other termination of this Lease on a date other
than the completion of a Lease Year, the MAG shall be prorated as appropriate
based on three hundred sixty five (365) days in a year.
6.2.2

Percentage Rent

Percentage Rent payable on Lessee's Gross Revenues as defined in Article 1


shall be equal to $__ (as proposed) and calculated as follows:
Percentage Rent shall be computed for each month of the Hotel Operation Term
on or before the fifteenth (15th) day of the calendar month immediately following
the month in which such Gross Revenues were generated at the Airport, Lessee
shall submit a Monthly Report as required by Section 21.1 hereof, and pay to
Lessor the Percentage Rent in excess of the monthly payment of the prepaid
MAG, if any is due.
In the event the Hotel Operation Term commences on a day other than the first
day of a calendar month, then Percentage Rent, but no MAG, shall apply for such
month, and payment of the Percentage Rent for such month shall be due to
Lessor on or before the fifteenth (15th) Day of the following calendar month,
along with a Monthly Report as required by Section 21.1 hereof.
6.2.3

Annual Adjustment to Concession Fees

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On the anniversary of the Rental Commencement Date, the MAG shall be


adjusted to the greater of (1) Four Hundred Fifty Thousand Dollars and
00/100ths ($450,000.00); or (2) 80% of the annual payments made to the Board
in the prior 12 month period.
6.3

Annual Reconciliation of Concession Fees

The Concession Fees as set forth in this Section shall be subject to reconciliation at the end of
each Lease Year pursuant to the terms of this Lease. If said reconciliation shows a balance due to
Lessor or an excess paid by Lessee, the appropriate adjustment, either payment by Lessee of the
balance due or credit or repayment by Lessor to Lessee of the excess payment, shall be made
within thirty (30) days after an approved Annual Report, as required in Section 21.2 hereof, is
received by Lessor. However, Lessee shall not be entitled to interest on the amount credited or
repaid by Lessor to Lessee.
6.4

Performance and Payment Bond

Lessee shall provide the Lessor at Lessees sole expense with performance and payment
bonds payable to the City of New Orleans and the New Orleans Aviation Board. Upon
execution and throughout the entire term of the Lease, Lessor shall provide performance and
payment bond in the amount of 100% of the Ground Rent. Beginning on the Rental
Commencement Date, Lessee shall also provide a payment and performance bond in the
amount of 100% of the MAG. The surety company must be authorized to do business in the
State of Louisiana and have a rating of A or better in the most current edition of the A.M.
Best Insurance Report. The bond must be countersigned by a Louisiana licensed agent
authorized to represent the surety company writing the bond and that agents power of
attorney must be attached to the bond submitted. The Performance and Payment Bond shall
be retained by the Lessor for the entire term of the Lease. The Performance and Payment
Bond may be issued for a one year term, but must be renewed annually, with written
evidence of said renewal provided to Lessor.
6.5

Additional Fees, Charges and Rentals

Lessee shall pay to Lessor additional fees, charges and rentals in the event of any of the
following:
a. If Lessor has paid any sum or sums, or has incurred any obligation or expense, for
which Lessee has agreed to pay or reimburse Lessor, or for which Lessee is
otherwise responsible;
b. If Lessor is required or elects to pay any sum or sums, or incur any obligation or
expense, because of the failure, neglect or refusal of Lessee to perform or fulfill any
of the promises, terms, conditions or covenants required of it herein;
c. Pursuant to any separate agreement between the parties not contained herein;
or

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d.

Pursuant to any ordinance, resolution or minute order of Lessor.

Lessee's obligations pursuant to this Section shall include all interest, cost, damages, and
penalties in conjunction with such sums so paid or expenses so incurred by Lessor, which may
be added by Lessor to any installment of fees, charges, and rents payable herein. Each and every
part of such payment by Lessor shall be recoverable by Lessor in the same manner and with like
remedies as if it were expressly set forth herein.
For all purposes under this Section, and in any suit, action or proceeding of any kind between the
parties hereto, any receipt showing the payment of any sum or sums by Lessor for or in
connection with any work done or material furnished shall be prima facie evidence against
Lessee that the amount of such payment was necessary and reasonable.
Lessee shall pay Lessor pursuant to this Section within thirty (30) days following demand
therefor, or within the time specified by applicable ordinance, resolution, or minute order of
Lessor
6.6

Interest Charges Applied To Late Payments

If Lessee is in arrears for seven (7) days or more following the due date of any amount payable
to the Lessor herein, the parties acknowledge that additional clerical, accounting and other
work will be performed which would not otherwise be needed absent the late payment. In
addition, because the actual charges as a result of the late payment are difficult to identify, the
parties hereby agree that Lessee shall pay as a reasonable interest charge for the late payment
the amount of eighteen percent (18%) computed as an annual percentage rate, applicable from
the date such payment was due to the date the actual payment is received by the Lessor. If the
maximum charge permitted by law is less than the foregoing amount, then the rate shall be such
amount determined to be the maximum legal amount. These interest charges shall be calculated
and posted on a monthly basis, and shall be prorated by the number of days in the month.
6.7

No Warranties regarding Hotel Concession

The Lessee has conducted its own research and analysis to determine the feasibility of
the Hotel Concession. The Lessee assumes all risk regarding its business and customers; the
Lessee has not relied on any representations or information provided by the Lessor regarding
Lessors business, revenue, or operations.
7.

Utilities

Lessee, at Lessee's sole cost and expense, shall install any required utilities on the Leased
Premises that will support the Hotel Concession and any operation incidental to the Hotel
Concession. Lessee shall include installation of meters in its plans for construction of the Project
and shall pay all costs for the utilities used during construction whether invoiced by Lessor or
directly by the utility provider.
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During the Hotel Operation Term, Lessee, at Lessee's sole cost and expense, shall make its own
arrangements and pay for all charges assessed for any and all other utilities including, but not
limited to, telephone and communication services, water, gas, sewer and electric, including any
and all connection and metering charges, as billed directly to Lessee by utility companies
furnishing such services or as billed by Lessor. If billed by Lessor, Lessee shall pay standard
nondiscriminatory rates and charges including, but not limited to, administrative charges as may
be established by Lessor from time to time, within thirty (30) days following the date of such
billing.
Lessee agrees that any and all such charges for any and all such services shall be paid before
their delinquency and that Lessor shall be protected and held harmless by Lessee there from.
Lessor shall not be liable to Lessee for any interruption in or curtailment of any utility service,
nor shall any such interruption or curtailment constitute a constructive eviction or grounds for
rental abatement in whole or in part herein.
8.

Survey

Within sixty (60) days after the D a t e o f B e n e f i c i a l O c c u p a n c y , Lessee shall obtain


a reproducible copy of a current survey (the "Survey") of the Premises showing the legal
description, the site area, the exact location of any encroachments, servitudes, easements,
area rights-of-way, and all other matters relating to the Hotel Concession that are
normally shown on detailed surveys, and otherwise prepared in accordance with the
minimum standard requirements adopted by the American Land Title Association, which
survey shall be prepared by a Louisiana registered surveyor and shall be certified to Lessee
and Lessor.
9.

Zoning and Public Approvals

Lessee acknowledges that under the Comprehensive Zoning Ordinance for the City of
Kenner, the development and operation of the H o t e l C o n c e s s i o n must be approved
by the City of Kenner. Lessor shall, upon Lessee's request use its reasonable good faith
efforts to deliver such instruments as may be necessary or appropriate to permit Lessee to
obtain all necessary Public Approvals relating to the construction, occupancy and operation of
the Hotel Concession. Lessee acknowledges that under Section 16A.03(B) of the
Comprehensive Zoning Ordinance for the City of Kenner, construction of the H o t e l
C o n c e s s i o n is subject to the issuance of a conditional use ordinance by the Kenner
City Council. Lessee hereby acknowledges that the enforceability of this Lease is subject to
and conditioned upon the issuance of a conditional use ordinance and building permit for
the Project by the Kenner City Council. As provided elsewhere herein, Lessee shall be
responsible for seeking and obtaining any required public approvals. Under no circumstances
will the Lessor be liable to Lessee should the Kenner City Council fail to issue a conditional
use ordinance permitting the construction of the Hotel Concession, or fail to grant any required
zoning variances, uses or permits, or for any delays in obtaining any such public approvals or
permits. Lessee shall use commercially reasonable efforts to obtain said conditional use
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ordinance and building permit, and to undertake reasonable efforts to address any concerns
expressed by the Kenner City Council, provided that any changes to the plans and
specifications for the Hotel Concession shall also be subject to the prior written approval of the
Lessor.
10.

Property Taxes

Lessee shall be solely responsible for any property taxes relating to the Premises, including but
not limited to Article VII, Section 21 of the Louisiana Constitution, and La. R.S. 2:351(H). It is
the sole responsibility of Lessee to make an independent determination of whether the property
to be leased is subject to property taxes. The Lessor assumes no responsibility for advising
Lessor with respect to whether the Premises are or are not exempt from the payment of property
taxes under Louisiana law, including but not limited to Article VII, Section 21 of the Louisiana
Constitution and La. R.S. 2:351(H). In no event shall Lessor be liable for the payment,
collection or remittance of property taxes on the Premises. Should Lessee determine that the
leased premises are exempt from the payment of property taxes, Lessee should nevertheless, in
an abundance of caution, be prepared to make a "Payment in Lieu of Taxes" to the applicable
governmental entities as part of the governmental approval process for this Hotel Concession.
11.

Airport Concessions/ Disadvantaged Business Enterprise Participation

11.1 NOAB Policy.


It is the policy of NOAB to ensure that ACDBEs as defined in 49 CFR Part 23 to create a level
playing field on which ACDBEs can compete fairly for opportunities for concessions. This lease
is subject to the requirements of the U.S. Department of Transportations regulations, 49 CFR
Part 23. The Lessee agrees that it will not discriminate against any business owner because of the
owners race, color, national origin, or sex in connection with the award of performance of any
concession agreement, management contract, or subcontract, purchase or lease agreement, or
other agreement covered by 49 CFR Part 23.
The Lessee agrees to include the above statements in any subsequent concession agreement or
contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include
the statements in further agreements.
Additionally, all tenants, contractors, subcontractors, and/or sub-recipients must take steps to
ensure that all personnel are aware of and carry out the obligation to maintain a nondiscriminatory work environment, free of harassment, intimidation and coercion at all work sites,
offices and other facilities to which employees are assigned to work.
All tenants, contractors, subcontractors, and/or sub-recipients shall help to ensure that small
businesses are not discriminated against on the basis of race, ethnicity or gender (including both
ACDBE and non-ACDBE small businesses).

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Lessee agrees to comply with the ACDBE program at the Airport as outlined in this Article 11.
Lessee further agrees to provide Lessor with periodic reports and records as are more fully
discussed below. These reports and records shall provide documented evidence that the ACDBE
Participation Plan is being implemented in accordance with the provisions of this Lease. Failure
to provide an ACDBE Participation Plan shall be deemed an event of default under this Lease.
All capitalized terms used in this Article 11, except as defined elsewhere in this Lease, shall have
the same meaning as set forth in the ACDBE Plans.
Failure by the Lessee to carry out these requirements is a material breach of this Lease,
which shall result in such remedy as the NOAB deems appropriate and may include:
1.
2.
3.
4.
11.2

Assessing sanctions;
Liquidated damages;
Disqualifying the Lessee from future bidding as non-responsible; and
Termination of the Lease.

ACDBE Goals.

The following ACDBE goals are established:


1) ACDBE direct participation goal of 20.81%
2) ACDBE procurement goal of 22.17%
The direct participation goal can be achieved through direct ownership, joint venture
participation, owner/operator agreements or sublease agreements for retail or food and beverage
operations. Ownership is not a requirement of the federal regulations but the New Orleans
Aviation Board values equity and inclusion at all levels of participation and strongly encourages
direct ownership by ACDBE participants.
Lessee agrees that it shall demonstrate compliance with meeting the ACDBE participation goals
in performance of this Lease. Compliance can be achieved in one of two ways:
a) The Lessee can satisfy the ACDBE goals by selecting and documenting certified,
qualified ACDBE business(es) at the targeted level of ACDBE participation.
b) If the Lessee cannot meet the ACDBE goals, it must document its good faith efforts
to achieve the ACDBE goal by demonstrating that requisite activities were conducted
to identify, recruit and select qualified and certified ACDBEs.
11.3

Good Faith Efforts

Good faith efforts to achieve the ACDBE goals are demonstrated through documentation that
that the following activities were conducted to identify, recruit and select qualified and certified
ACDBEs.
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Attending pre-submittal meetings that were scheduled to inform ACDBE firms of


subcontracting opportunities and/or requested a copy of the LAUCP ACDBE
Directory.

Soliciting certified ACDBE firms participation through all reasonable and available
means of communication (e.g., letters, telephone calls, face-to-face meetings, place
notices in hardcopy and online publications, network with community organizations).

Providing potential ACDBE firms and vendors with adequate and timely information
as to the plans and specifications, as well as information necessary to provide a bid or
quote.

Documenting that certified ACDBEs for each potential vendor, subcontracting or


supply category in the contract has been contacted. Documentation must include:
(a) The names, addresses, and telephone numbers of ACDBEs that were
contacted, and the date(s) of contact.
(b) A description of the information provided to ACDBEs regarding the plans and
specifications for portions of the work to be performed.
(c) A statement explaining why additional agreements with ACDBEs were not
reached.

Selecting portions to be performed by a certified ACDBE(s) in order to increase the


likelihood that the ACDBE goal will be achieved. Divide the contract into
economically feasible segments.

For each ACDBE that is contacted but rejected, providing the firm with reasons for
the rejection and provide the NOAB with a copy of the documentation

Failure to comply with the requirements of this part of the Lease is a material breach of the
contract and may result in the termination of the Lease or such other remedies set forth in
Section 17.
11.4

Administrative Reconsideration

Within 14 days of being informed by the NOAB that a submittal has been deemed nonresponsive because it has not documented good faith efforts, an offeror may request
administrative reconsideration. Requests for administrative reconsideration should be made in
writing and directed to:
Iftikhar Ahmad, Director of Aviation
Louis Armstrong New Orleans International Airport

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The Director of Aviation will designate the reconsideration official. The reconsideration official
will not have played any role in the original determination of non-compliance.
As a part of reconsideration the bidder/offeror shall have the opportunity to provide written
documentation or argument to support a change in the determination. Additionally, the
bidder/offeror shall have the opportunity to meet in person with the reconsideration official to
discuss the issue of whether or not compliance with ACDBE policy for good faith efforts has
been achieved. The NOAB will send the bidder/offeror a written decision on reconsideration
detailing the basis for findings of compliance or non-compliance. The result of the
reconsideration process is not subject to administrative appeal to the Department of
Transportation.
11.5

Removal and Substitution

Lessee acknowledges that only those ACDBE participants identified in Lessees proposal and
certified by Lessor as of the Executed Date will be recognized by Lessor in Lessees obligation
to fulfill its ACDBE participation requirements; provided, however, that said participation may
be modified from time to time throughout the Lease in accordance with the ACDBE Plans, and
as approved by the Board. Lessee further acknowledges that to be counted toward Lessees
obligation to ACDBE participation under this Lease, an ACDBE participant must be and remain
certified as a ACDBE during the Lease, except as said ACDBE participate is otherwise eligible
to be counted in accordance with the ACDBE Plans or 49 CFR Part 23.
Lessee acknowledges that before an ACDBE participant can be removed or substituted, the
Lessee must submit a written request to the DBE Liaison Officer. The Lessee must submit the
reason for the request along with the name(s) of the replacement ACDBE firms. The DBE
Liaison Officer will decide whether or not to grant the substitution and issue a written decision
within ten days of receipt of the request.
The NOAB will require the Lessee to make good faith efforts to replace an ACDBE that is
terminated or removed to the extent needed to meet the ACDBE participation goal. The Lessee
is required to notify the DBE Liaison Officer immediately of the ACDBEs inability or
unwillingness to perform and to provide reasonable documentation. The Lessee is required to
request, in writing, permission to substitute the ACDBE and to provide copies of new or
amended subcontracts or documentation of good faith efforts. If the Lessee fails or refuses to
comply with ACDBE Program policy for replacing or substituting the ACDBE, Lessee shall be
deemed in breach of the Lease.
An ACDBE participant that is unable to perform successfully must be replaced by another
ACDBE participant, if the remaining Term of the agreement makes it feasible. In the event that
such action is not feasible, Lessor shall make good faith efforts during the remaining Term to
encourage ACDBEs to compete for the purchases and/or leases of goods and services to be made
by Lessee.

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11.6

Reporting

a. Lessee must submit quarterly reports which track the dollars generated by ACDBE firms
for the period covered. Quarterly reports shall be submitted via the required mechanism.
b. Lessee shall submit written reports, and supporting documentation as required, on a
quarterly basis evidencing compliance with the ACDBE participation requirement as set
forth herein. Said quarterly reports, including supporting documentation are due within
twenty (20) days following the end of each quarter of each year throughout the Lease.
The Board may assess a late fee of One Hundred Dollars ($100) per day for each day said
quarterly report is delinquent.

c. Lessor or its designated representative shall have the right, upon written notice to Lessee
or any sublessee, as the case may be, to audit all development and construction
agreements, payments to vendors, and all correspondence related thereto. Concessionaire
agrees to cooperate with any such notice and acknowledges that failure to supply
requested documentation shall be deemed a breach of the Lease.
11.7

ACDBE Locations.

The locations currently intended to be occupied by ACDBE sublessees are identified on Exhibit
B attached hereto. Lessee agrees to use Good Faith Efforts to cause the aggregate Gross
Revenues resulting from ACDBE operations to be equal to, or greater than, 20.81% of the Hotel
Concession Revenues. Lessee shall (i) review at least annually with ACDBE operators their
product sales/services mix, merchandizing concepts, and marketing plans.
The Board has pre-approved the following ACDBE Sublessees and their respective sublease
operations:
TBD
11.8

Failure to Meet Goals.

In the event that Lessee fails to meet the contractually obligated levels of ACDBE participation
and fails to undertake Good Faith Efforts sufficient to support the granting of a waiver from the
contractually obligated levels of ACDBE participation, the following penalties shall be imposed
upon Lessee:
a. With respect to ACDBE direct participation, 20.81% of the difference between the
total amount of the Gross Revenues that ACDBE direct participants would have
generated during the applicable Lease Year had there been compliance with the

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20.81% ACDBE participation goal and the amount of Gross Revenues actually
generated by ACDBE direct participants during said Lease Year.
b. With respect to ACDBE procurement, 22.17% of the difference the total procurement
fees the ACDBE firms would have received had there been compliance with the
22.17% ACDBE procurement goal and the amount of the total ownership fees that
were actually received by ACDBE firms.
11.9

Commercially Useful Function

ACDBE participation is only counted when the ACDBE contractor or vendor performs a
commercially useful function.
An ACDBE performs a commercially useful function when it is responsible for execution of the
work of the contract and is carrying out its responsibilities by actually performing, managing,
and supervising the work involved. To perform a commercially useful function, the ACDBE
must also be responsible, with respect to materials and supplies used on the contract, for
negotiating price, determining quality and quantity, ordering the material, and installing (where
applicable) and paying for the material itself.
An ACDBE does not perform a commercially useful function if its role is limited to that of an
extra participant in a transaction or, contract through which funds are passed in order to obtain
the appearance of ACDBE participation. For purposes of this part, the term commercially useful
function has the same meaning as in part 26, 26.55(c), except that the requirements of
26.55(c)(3) do not apply to concessions.
11.10 ACDBE Fraud
Lessee acknowledges that ACDBE Fraud occurs when the Lessee or any Sublessee, contractor,
subcontractor or sub-recipient to this Lease misrepresents who performed the work in order to
increase job profit while appearing to be in compliance with goals for ACDBE participation.
The NOAB shall inform the USDOT Office of the Inspector General of any false, fraudulent, or
dishonest conduct in connection with the ACDBE program so that DOT can take the necessary
legal action defined in 49 CFR Section 26.109. These actions include referral to the Department
of Justice for criminal prosecution, referral to the DOT Inspector General, suspension or
debarment from the program or civil penalties as deemed applicable.
11.11 Continued Non-Compliance
Continued Non-Compliance with the ACDBE participation provisions as stated in this Article 11
shall constitute a material breach hereof, and in the event of such non-compliance, Lessor shall
have the right to terminate this Lease or, at its option, assess liquidated damages in the form of
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fees to be paid to the Board within thirty (30) days of such assessment. For purposes of this
Section 24.29, Continued Non-Compliance shall mean two or more written determinations of
non-compliance issued by the DBE Liaison Officer and the opportunity for an Administrative
Hearing.
11.12 ACDBE Participation Review
Lessor shall review the extent of ACDBE participation before the exercise of each renewal
option referenced in Section 2.2(B) to consider whether an increase or decrease in ACDBE
participation is warranted.
12. State/Local Disadvantage Business Enterprise
The following SLDBE goal is established:
SLDBE development, design, construction and post-construction activities goal of 35.00%.
A.

In General. The Lessee agrees to abide by the City Code sections 70-496, et seq., to use
its best efforts to carry out all applicable requirements of the Citys State/Local DBE
(SLDBE) Program for the administration of this Lease, as set forth in the City Code and
any applicable rules adopted thereunder. The NOABs DBEs Office oversees the
SLDBE Program and the DBE Liaison Officer (DBELO) ensures compliance.

B.

Monitoring. To ensure compliance with SLDBE requirements during the term of this
Lease, the DBELO will monitor the Lessees use of SLDBE subcontractors/suppliers
(SLDBE Entities) through the following actions:
1.

Job site visits;

2.

Electronic payment tracking via the Contract Compliance Monitoring System or


other means as approved by the DBELO;

3.

Routine audits of contract payments to all subcontractors;

4.

Reviewing of records and reports; and/or

5.

Interviews of selected personnel.

The DBELO may schedule inspections and on-site visits with or without prior notice to the
Contractor or DBE Entities.
C.

Cooperation. The Lessee shall:

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1. Designate an individual as the SLDBE Liaison who will monitor the Lessees SLDBE
participation as well as document and maintain records of Good Faith Efforts with
SLDBE Entities.
2. Execute written contracts with SLDBE Entities that meet the applicable SLDBE goals.
a. The Lessee shall provide the DBELO with copies of said contracts within 30 days
from the date this Lease is fully executed between the Lessor and Lessee.
b. The Lessee shall agree to promptly pay subcontractors, including SLDBE
Entities, in accordance with law.
3. Establish and maintain the following records for review upon request by the DBE Office:
a. Copies of written contracts with SLDBE Entities and purchase orders;
b. Documentation of payments and other transactions with SLDBE Entities;
c. Appropriate explanations of any changes or replacements of SLDBE Entities,
which may include a record of Post-Award Good Faith Efforts for each certified
firm that the Lessee does not use in accordance with the approved SLDBE
participation submission;
d. Any other records required by the DBE Office.
The Lessee is required to maintain such records for 3 years after completion or closeout of this
Lease. Such records are necessary to determine compliance with their SLDBE obligations.
4. Post monthly payments and submit regular reports to the DBELO as required via the
online Contract Compliance Monitoring System or other means approved by the DBE
Office.
a. The Lessee shall submit the initial report outlining SLDBE participation within 30
days from the date of notice to proceed (or equivalent document) issued by the
Lessor to the Lessee. Thereafter, SLDBE Utilization reports shall be due on or
before the fifteenth day of each month until all SLDBE subcontracting work is
completed.
b. Reports are required even when no activity has occurred in a monthly period.
c. If the established percentage is not being met, the monthly report shall include a
narrative description of the progress being made in SLDBE participation.

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d. The Lessee may also be required to attach or upload copies of canceled checks or
bank statements that identify payer, payee and amount of transfer to verify
payment information as indicated on the form.
5. Conform to the established percentage as approved by the DBE Office.
a. The total dollar amount of the Lease shall include approved change orders and
amendments. For a requirements contract, the total dollar amount shall be based
in actual quantities ordered.
b. No changes to the established percentage and SLDBE Entities submitted on
SLDBE Compliance Form-1 shall be allowed without approval by the DBE
Office.
c. The Lessor will not adjust the contract for any increase in cost due to replacement
of SLDBE Entities.
D.

Post-Award Modification. The DBE Office may grant a post-award modification request
if:
a. for a reason beyond the Lessees control, Lessee is unable to use the
certified SLDBE entity submitted on SLDBE Compliance Form-1 to
perform the specified work. The Lessee must notify the DBE Office of
the intent for removal and substitution of a certified SLDBE immediately
upon determination of that the SLDBE submitted on Compliance Form -1
is unable to perform the specified work. In such case, the Lessee shall
use and document Good Faith Efforts to find a similarly qualified and
certified SLDBE entity to perform such specified work. The same
criteria used for establishing Good Faith Efforts in maximizing the
participation of SLDBE Entities prior to awarding the Lease will also
apply to the substitution of SLDBE subcontractors during the
performance of the Lease; or
b. the Lessee reasonably believes that, due to a change of scope, execution of
the work in accordance with the directions from the Lessor is unlikely to
meet the established percentage or terms. In such case, the Lessee shall
use and document Good Faith Efforts to achieve a reasonable amount
of SLDBE participation on the remaining work on the Lease.

13.

Maintenance of Leased Premises

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13.1

Responsibility of Lessor

Lessor shall have no maintenance responsibilities for the Leased premises.


13.2

Responsibility of Lessee

During the Hotel Operation Term of this Lease, Lessee shall at its sole cost and expense
perform all maintenance and repair, including but not limited to:
a. Maintain, repair and perform all ordinary preventative maintenance and upkeep of the
Leased Premises. Such maintenance and repair shall include all appliances and
fixtures within Lessee's Leased Premises.
b. Maintain, repair and replace any improvements, alterations, or additions caused by
Lessee in accordance with this Lease whether Lessee has or has not obtained advance
authorization from Lessor.
c. Repair and patch roof, as necessary. Clean and clear gutters as necessary.
d. Provide structural maintenance and/or structural repair to the Tenant
Improvements, including exterior walls, sidewalks, roof, roof
vents/penetrations, foundation and exterior doors and windows.
e. Provide structural maintenance and/or structural repair to Tenant
Improvements and any areas of Leased Premises.
f. Maintain, repair and perform preventative maintenance of heating,
ventilation, air conditioning equipment and filters.
g. Maintain, repair, and perform all ordinary preventative maintenance of
electrical (including relamping and ballast replacement).
h. Maintain and repair all plumbing systems, including repair of pipe
obstructions and system backups.
i. Clean, maintain, repair and replace exterior doors, finishes and windows.
j. Provide for trash/garbage collection and disposal.
k. Clean and perform all janitorial services on the Leased Premises.
l. Perform pest control services necessary to maintain the Leased Premises in a pest and
vermin free condition.
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m. Maintain all landscaping on Leased Premises.


Lessee shall be solely responsible for the cost of any repair or maintenance to the Leased
Premises resulting from the negligent acts or omissions of Lessee, its officers, agents,
employees, invitees, suppliers, or contractors. In the event of such damage, Lessor may elect to
perform such repair or maintenance itself, at Lessee's sole cost and expense, or require Lessee to
perform the same at Lessee's sole cost and expense. Provided, however, if such repair or
maintenance is not of an emergency nature, as determined by the Director, in his sole discretion,
Lessor shall give Lessee five (5) days advance written notice of its election in such matter.
14.

Parking

14.1

Employee Parking

Lessee, its Sublessees and their respective employees will have the nonexclusive, unreserved
right to the use of the employee parking lot servicing the Airport, subject to all parking rules and
regulation applicable thereto as may be promulgated, created or modified from time to time by
Lessor or its agent. Lessee and its Sublessees agree to pay Lessor any reasonable parking fees
which may be imposed by the Lessor for use of the employee parking lot provided same are
uniformly assessed on all tenants at the Airport.
14.2

Guest Parking

Lessee will be responsible for securing adequate parking for the Hotel Concession consistent
with local rules and regulations. The Lessor is willing to designate the minimum number of
parking spaces required by local law for use by Hotel guests. Any designated parking for hotel
guests will not be exclusive and guests will be required to pay the Airports standard daily
parking rates directly to the airport or the airports concessionaire responsible for the parking
operations that includes Hotel-Concession designated parking. Parking may be supplemented
by a valet parking option utilizing the Airports southside long term garage. Rates that are
charged by Lessee for valet may not be less than the highest standard airport daily parking rates
issued by the NOAB. No parking spaces are included in this Lease.
14.3

No Competing Parking Operations Permitted

Lessee is prohibited from competing with the Lessors parking operations. Competition with the
Lessees parking operations includes but is not limited to: 1) making parking available to
customers at the same rate or below the rate charged by the Lessor or the Lessors tenants for the
same or comparable parking; 2) offering weekly, monthly, or annual parking rates; 3) providing
parking for customers who are not customers of the Hotel; and 4) providing parking for
customers of the Hotel in combination with other goods or services. Failure to comply with this
provision constitutes a default of this Lease.

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15.

Insurance

15.1

Required insurance.

Lessee shall purchase in its name and maintain at a minimum, for the duration of the lease, at the
Lessee's sole cost and expense, the following insurance policies to provide primary coverage for
claims and/or suits that may arise out of or result from damage to the Premises or the
performance of the work of the Lessee, its agents, partners, laborers, suppliers, employees,
representatives and any contractors and sub-contractor or anyone directly or indirectly employed
by any of them to perform or furnish any of the obligations of the Lessee, or by anyone for
whose acts any of them may be liable:
a. Workers' Compensation Insurance with statutory limits of liability and minimum
Employer's Liability Limits of One Million Dollars ($1,000,000).
b. Automobile Liability Insurance with a minimum One Million Dollars ($1,000,000)
combined single limit per occurrence for bodily injury and property damage. The
insurance shall include coverage for owned vehicles, hired vehicles and non-owned
vehicles.
c. Commercial General Liability insurance with a minimum Five Million Dollars
($5,000,000) combined single limit per occurrence bodily injury and property
damage. This insurance shall include coverage for premises-operations, broad-form
contractual liability, products and completed operations, use of contractors and
subcontractors, personal injury, and broad-form property damage. A "Claims made"
form shall not be acceptable. The "occurrence form" shall not have a "sunset clause.
d. Professional Liability Insurance (Architects and Engineers E&O) with a limit of
$5,000,000 per claim.
e. Builders Risk Insurance at 100% Completed Value limit with the City and NOAB
named as Loss Payee as their interest may appear.
f. All-Risk Property Insurance shall be maintained for the duration of the Lease to
include coverage for Flood and Named Storm. Insurance shall be written to full
replacement cost value of the completed facility. The City and NOAB shall be
named as Loss Payee as their interests may appear.
15.2. Insurance Policies.
The insurance policies herein required shall contain or be endorsed to contain the following
provisions:

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a. Workers' Compensation coverage shall contain an express waiver of all rights against
the City and Board, its elected and appointed officials, officers, agents, directors,
volunteers, and employees, for losses arising from the services performed by the
Lessee for the City and the Lessor.
b. The City and Lessor and their respective officers, officials, and employees are to be
added as additional insured with respect to (i) liability arising out of activities
performed by or on behalf of the Lessee; ( ii) products and completed operations
of the Lessee, and (iii) the insurance obtained by Lessee insuring the Premises
against casualty losses. The coverage shall contain no special limitations on the scope
of protection afforded the additional insured.
c. Certificates of insurance acceptable to Lessor shall be provided to Lessor prior to
commencement of the Lease. These certificates shall contain a provision that
coverage afforded under the policies of insurance shall not be canceled unless and
until at least thirty (30) days prior written notice has been given to Lessor. Annual
renewals of certificates of insurance shall be furnished to the Director of Aviation or
his designee prior to cancellation or expiration of the previous policy.
All insurance required by this Section shall be placed with insurers that are licensed and
authorized to do business in the State of Louisiana and have a rating of no less than A-VI in the
most current edition of the A.M. Best Insurance Report, AAA in Moody's, and AAA in Standard
and Poors. The providing of any insurance required herein does not relieve the Lessee of any of
the responsibilities or obligations for which the Lessee may be liable by law, lease or otherwise.
The Lessees failure to provide and maintain such insurance in force as required above shall
materially breach the Lease and, at the City and /or Lessors option, occasion an immediate
cancellation for cause thereof. The Lessee and any subcontractors shall comply with all laws
relating to immigration and naturalization; failure to comply shall constitute an event of default
under the Lease.
In the event Lessee does not have the required certificate(s) of insurance and/or binder(s)
evidencing the proper insurance coverage, or the required insurance coverage lapses, this Lease
shall be immediately terminated at the discretion of the Director. Lessee must require of its
contractors, and other persons doing business with Lessee, minimum liability insurance
coverage as required by the Director.
16.

Default

16.1. Lessee Conditions of Default.

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The occurrence of any one or more of the following events (Lessee Event of Default) shall
constitute an event of default and breach of this Lease by Lessee:
a. Lessee fails to make any required payment, as and when due herein, where such
failure continues for a period of fifteen (15) days following service of notice thereof
upon Lessee by Lessor;
b. Lessee makes a general assignment for the benefit of its creditors;
c. Lessee files a voluntary petition, or becomes the subject of an involuntary
petition, in any proceedings in Bankruptcy Court;
d. Lessee vacates or abandons the Leased Premises for a period of thirty (30) days or more;
e. Lessee fails to obtain or maintain any of the insurance coverage set forth in Section 14.
The Director may, in his sole discretion, immediately terminate this Lease;
f. Lessee defaults in performance of any promise, Term, condition, or covenant required
of it herein (other than those expressly set forth in Subsections (A) and (E) above,
wherein no further default notice is required and the cure period is limited to the fifteen
(15) days contained in the original default notice), provided Lessee fails to cure such
default within thirty (30) calendar days following receipt of written notice of such
default from Lessor. However, if the nature of such default is such that it cannot
reasonably be cured within such period, Lessee shall be deemed to have cured such
default if within such period Lessee commences performance thereof and thereafter
diligently prosecutes the same to completion.
Early termination by Lessor pursuant to this Section shall be upon not less than
fifteen (15) days advance written notice to Lessee, with the exception of 15 (F) herein above,
which notice shall state the basis of such termination and the effective date thereof. Upon the
effective date of such termination, Lessor may take possession of the Leased Premises,
without further notice or demand to Lessee. Failure to serve notice of termination upon the
happening of any of the events described in this Section shall not operate to bar or destroy
Lessor's right to thereafter declare such termination upon the subsequent happening of any
such event.
16.2. Lessor Conditions of Default.
The occurrence of any one or more of the following events (Lessor Event of Default) shall
constitute an event of default and breach of this Lease by Lessor:
a. If the Airport is permanently abandoned by the Lessor for a period of ninety (90) days,
then Lessee may terminate its Lease with thirty (30) days written notice to the Director.
b. If assumption is made by the United States Government, or a permanent injunction
issued by a court of competent jurisdiction, which in any way prevents or restrains use of
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Airport, or any substantial part thereof, in such manner as to substantially restrict Lessee
in its operations herein for a period of ninety (90) consecutive calendar days, then Lessee
may terminate its Lease with sixty (60) day written notice to the Director.
c. If the Lessor defaults in the performance of any promise, term, condition or covenant
required of it to be performed herein, provided Lessor fails to cure such default within
sixty (60) calendar days following receipt of written notice of such default from Lessee,
Lessee may terminate its Lease with thirty (30) days written notice to the Director.
However, if the nature of such default is such that it cannot reasonably be cured within
such period, Lessor shall be deemed to have cured such default if within such period
Lessor commences performance thereof and thereafter diligently prosecutes the same to
completion.
d. Lessee may exercise early termination by giving written notice thereof to Lessor , as
described in Section 2.14, served not more than ninety (90) days and not less than sixty
(60) calendar days prior to the termination.
16.3. Remedies for Lessee Event of Default.
Except as specifically provided to the contrary in this Lease, if a Lessee Event of Default occurs,
Lessor shall be entitled to exercise any one or more of the following rights, which shall be
deemed cumulative:
a. Terminate the Lease and evict Lessee if Lessee does not vacate the Lease Premises within
30 days notice. Lessee hereby waives all rights to notice of termination of lease and/or
notice to vacate pursuant to Louisiana Civil Code article 4701;
b. Pursue claims for damages against Lessee;
c. Charge interest (at the then applicable highest annual rate of legal interest under
Louisiana law) on all due and unpaid Rent and other payments owed by Lessee under this
Lease, on and after the occurrence of an Event of Default;
d. Charge Lessee an amount equal to Lessors reasonable legal fees and costs incurred on
and after a default by Lessee under the Lease;
e. Accelerate all rents due for the unexpired term of the Lease; or
f. Exercise any and all rights and remedies available at law.
16.4. Remedies for Lessor Event of Default.
Except as specifically provided to the contrary in this Lease, if a Lessor Event of Default occurs,
Lessee shall be entitled to exercise any one or more of the following rights, which shall be
deemed cumulative:

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a. Terminate the Lease;


b. Pursue claims for damages against Lessor;
c. Charge Lessor an amount equal to Lessees reasonable legal fees and costs incurred on
and after a default by Lessor under the Lease; or
d. Pursue any and all other remedy available at law or equity.
Other than the notices of default provided in Section 15.1 and Section 15.2, respectively, neither
party shall be required to give thirty (30) days notice to the other, in order to exercise any one or
more of the foregoing remedies. Likewise, neither party shall be liable to the other if said party
exercises any one or more of the foregoing remedies.
17.

Damage or Destruction of Improvements

In the event that any or all of Tenant Improvements located in or on the Leased Premises shall
suffer partial or substantial destruction at any time during the Term of this Lease, the
respective rights and obligations of the parties hereto with respect to reconstruction, repairing,
and/or restoring such improvements and/or with respect to the matter of the continuance or
termination of this Lease following any such destruction, shall be controlled by the provisions
of this Section.
17.1

Definitions

For the purpose of this Lease, the following definitions shall apply:
a. The term "Partial Destruction" as used herein, shall be deemed to mean a
destruction of improvements to such an extent that the then currently estimated total
costs of restoring the destroyed improvements to as good a condition of habitability
and/or usability (for those certain uses herein authorized and intended therefore) as
existed immediately prior to the occurrence of any such destruction shall not exceed
fifteen percent (15%) of the then current estimated total replacement costs of all of
the improvements on the Leased Premises (excluding land and personal properties).
b. The term "Substantial Destruction" as used herein, shall be deemed to mean a
destruction of improvements to such an extent that the then current estimated total
costs of restoring the destroyed improvements to as good a condition of habitability
and/or usability (for those certain uses herein authorized and intended therefore) as
existed immediately prior to the occurrence of any such destruction shall exceed
fifteen percent (15%) of the then current estimated total replacement costs of all of
the improvements on the Leased Premises (excluding land and personal properties).
17.2

Repair Obligations and Rights of Termination

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In the event any Tenant Improvements located in or on the Leased Premises shall suffer
Partial or Substantial Destruction at any time during the Term hereof, then Lessor may, but
shall not be obligated to, perform the reconstruction, repair, and/or restoration of such
improvements.
a. If the destruction is substantial, either party may cancel and terminate this Lease as
of the date of the occurrence of such destruction by giving written notice to the
other party within sixty (60) days after such destruction.
b. If within sixty (60) days after the date of any partial destruction Lessor has not
completed the reconstruction, repair, and/or restoration of the destroyed
improvements, then, at any time prior to the completion of such reconstruction,
repair and/or restoration by Lessor, Lessee may cancel and terminate this Lease by
service of a minimum of thirty (30) days advance written notice upon Lessor.
If within sixty (60) days after the date of any substantial destruction, Lessor has not
commenced the reconstruction, repair or restoration of the destroyed improvements
or if such action has been commenced during said period but the Leased Premises
shall not have been fully reconstructed, repaired or restored to a tenantable
condition within one hundred twenty (120) days following the date of such
Substantial Destruction, then, at any time prior to the completion of such
reconstruction, repair or restoration by Lessor, Lessee may cancel and terminate this
Lease by service of a minimum of thirty (30) days advance written notice upon
Lessor.
17.3

Limitation on Lessor's Obligations

The foregoing provisions of this Section notwithstanding, Lessor shall not be liable for or
obligated to reconstruct, repair, restore, reinstall, or replace any improvements or any
furnishings, fixtures, or equipment, or other personal property, installed, placed, located in,
on or about the Leased Premises by Lessee, Lessee's employees, agents, representatives,
tenants, or Lessees.
17.4

The Payment of Rent

In the event any or all of the Tenant Improvements located in or on the Leased Premises shall
suffer either Partial or Substantial Destruction at any time during the Term hereof, when the
destruction is not caused by Lessee, the Rent due to be paid by Lessee shall be paid to the date
of such destruction and shall then be abated to the extent that the Leased Premises are
untenantable, so that Lessee shall only be obligated to pay Rent on those portions of the
Leased Premises that are tenantable.

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18.

Warranty or Representation of Premises

Lessor makes no warranties or representations, either expressed or implied, whatsoever


regarding the Premises. Without limiting the declaration contained in the immediately preceding
sentence, Lessor, makes no warranties or representations, either expressed or implied, as to the
Premises fitness or suitability for a particular purpose, as to the environmental condition of the
Premises, as to redhibitory defects, or as to vices or defects of whatever kind or nature, and
whether known, unknown, latent or hidden, as to the Premises, and disclaims all responsibilities,
liabilities, and obligations that are or may be imposed on the Lessor by Louisiana Civil Code
Articles 2696 through 2702, inclusive, or otherwise. Lessee affirms that Lessee has had full
opportunity to examine and to inspect the Premises. Lessee accepts the Premises in an as is,
where is condition. On behalf of Lessee and Lessees officers, managers, members, directors,
stockholders, employees, successors, assigns, and representatives:
a) Lessee hereby waives, to the fullest extent allowed under Louisiana Civil Code
Article 2699 and otherwise under Louisiana law, any and all of Lessees rights and
remedies against the City and the Board relating to the Premises (including without
limitation all of Lessees rights and remedies under Louisiana Civil Code Articles
2696 through 2702, inclusive); and
b) Lessee hereby relieves and releases:

19.

i.

The Lessor and all prior owners of the Premises;

ii.

All entities controlled in whole or in part by Lessor; and

iii.

The Lessors, and said prior owners respective officials, officers, directors,
commissioners, members, employees, contractors, subcontractors, representatives,
attorneys, agents, affiliates, agencies, successors, and assigns; from any and all
claims, losses, causes of action, rights of action, damages, expenses (including
without limitation reasonable attorneys fees) and costs (collectively Claims)
for vices or defects (whether known, unknown, latent, or hidden) of, for peaceful
possession of, or otherwise relating to, the Premises, including without limitation
any and all Claims based on environmental conditions; any and all Claims based
on any one or more of Louisiana Civil Code Articles 2696 through 2702,
inclusive; any and all Claims (if any) for redhibition pursuant to Louisiana Civil
Code Articles 2520 et seq.; and any and all Claims based on Lessees inability to
obtain any and all applicable permits, approvals or other authorizations from any
governmental entities, units or agencies.

Environmental Obligations

Lessee hereby expressly covenants, warrants, and represents to Lessor, in connection with
Lessees operation at the Premises and Airport, the following:
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a. Lessee is knowledgeable of all applicable federal, state, and local environmental laws,
ordinances, rules, regulations, and orders (Environmental Laws), which apply to Lessee
operations at the Premises and acknowledges that such Environmental Laws change from
time-to-time and Lessee agrees to keep informed of any such future changes.
b. Lessee agrees to comply with all applicable Environmental Laws which apply to Lessees
operations at the Premises. As a supplement to the indemnification by Lessee in Section
22.40, Lessee agrees to hold harmless and indemnify the Lessor for any violation by
Lessee or any one or more of Lessees employees, agents, and contractors of such
applicable Environmental Laws and for any non-compliance by Lessee or any one or
more of Lessees employees, agents, and contractors with any permits issued to Lessee
pursuant to such Environmental Laws, which hold harmless and indemnity shall include,
but not be limited to, enforcement actions to assess, abate, remediate, undertake
corrective measures or monitor environmental conditions and for any monetary penalties,
costs, expenses (including without limitation reasonable attorney fees and costs), and
damages, imposed against Lessee, its employees, invitees, suppliers, or service providers
or any one or more of Lessors respective officers, agents, employees, representatives and
attorneys by reason of Lessees violation or non-compliance. The foregoing hold
harmless and indemnity shall not apply to the extent any claim arises out of the
negligence or willful misconduct on the part of any of the Lessors respective officers,
agents, employees, representatives and attorneys provided in Section 22.40.
c. Lessee shall not use, store or house any petroleum fuels, highly flammable or Hazardous
Materials on the Premises. For purpose of this Section, the term Hazardous Materials
means and includes the following: Any hazardous substance as defined in any
Environmental Law, including any Hazardous Waste or Hazardous Substance as
defined by CERCLA and the Louisiana Hazardous Waste Control Law, La R.S. 30:2171
et seq. and chemicals subject to the OSHA Hazard Communication Standard. 29 CFR
Section 1910.1200 et seq.
20.

Clean Water Act


a. Non-Stormwater Discharges. Lessee shall not cause or permit any direct
discharge of non-stormwater flows under a National Pollutant Discharge
Elimination System (NPDES) permit unless specifically authorized in writing
by Lessor.
b. Stormwater Discharges. Any discharge of stormwater by Lessee from Lessees
operations at the Premises shall comply with the NPDES Storm Water MultiSector General Permit (MSGP) for industrial activities and with any multisector permit obtained by Lessor. Company shall timely submit a Notice of Intent
to Lessor indicating that it is subject to the Lessors permit. Lessee shall timely
prepare a Storm Water Pollution Prevention Plan (SWPPP) that conforms to
Lessors SWPPP and that covers Lessees operations or activities at the Premises.

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Lessee shall be solely responsible for all fees, assessments, and other costs
charged by any governmental authority in connection with the issuance of any
permit or any inspection or related event in connection with the NPDES MSGP or
with respect to the Premises.
21.

Assignment and Subletting

21.1

Mortgage

Lessee shall not be allowed to mortgage, to grant a security interest in, to assign for security or
collateral purposes, or otherwise to encumber Lessees interest in and to the Premises or this
Lease.
21.2

Transfer/Sublet

Lessee shall not transfer, assign, sublet, or otherwise alienate Lessees interest in and to the
Premises without first obtaining the written consent of Lessor, which consent shall not be
unreasonably withheld. The Hotel Concession can only be transferred, rebranded, assigned, or
otherwise alienated to another hotel concession that can demonstrate the ability to meet all of the
obligations of this Lease and can provide the same or better type and level of service and
amenities as was required by the RFP and represented in Exhibit D, Lessees Products and Types
of Services. Any transfer, assignment, subletting, or alienation of this Lease or of Lessees
leasehold interest in the Premises without the prior written consent of Lessor shall be null and
void. All sublease agreements between the Lessee and sub-lessees shall prohibit the sublessee
from further subleasing or permitting the use of the leased premises to a third party.
21.3

Permission to Sublease

In the event Lessee requests permission to sublease, the request shall be submitted to the Director
of Aviation and must be approved by the Board prior to the effective date of the sublease
requested and shall be accompanied by a copy of the proposed sublease agreements and all
agreements collateral thereto. The area or space to be subleased, the rental to be charged, the
type of business to be conducted, and the identity and financial history of the sub-tenant shall be
specified. Each transfer, assignment or subletting to which there has been consent shall be by
instrument, in writing, and shall be executed by transferee, assignee or sub-lessee who shall
agree in writing, for the benefit of Lessor, to be bound by and to perform the terms, covenants
and conditions of this Lease. Five (5) executed copies of such written instrument shall be
delivered to Lessor. Failure to first obtain written consent from the Lessor, or failure to comply
with the provisions herein contained, shall operate to prevent any such transfer, assignment or
subletting from becoming effective. At Lessees option, Lessee shall record a memorandum of
this Lease with the recorder of mortgages for Jefferson Parish within 15 days of all parties
signing this Lease.

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All concession subleases must comply with (1) the Restrictions Relating to Airport Concessions,
9, set forth in Attachment A to the RFP and Exhibit A hereto; and (2) the Lessees RFP
concession plan submitted with its proposal in response to the requirements of Restrictions
Relating to Airport Concessions, 9, set forth in Attachment A to the RFP and Exhibit A hereto.
21.4

Lessor Consent

Should the assignment of this Lease be consented by Lessor and to the extent that such assignee
assumes Lessees obligations hereunder, Lessee shall not, by virtue of such assignment, be
released from Lessees obligations under the Lease unless at the time of the giving of Lessors
written consent Lessor expressly agrees in writing to the contrary. Should the subletting of the
Premises be consented to by Lessor, Lessee agrees and acknowledges that Lessee shall remain
fully and primarily liable under this Lease, notwithstanding any such sublease and that any such
sub-lessee shall be required to attorn to Lessor under the terms of this Lease.
The receipt by the Lessor of rent from any assignee, subtenant or occupant of the Premises shall
not be deemed a waiver of the requirements in this Section 23 or an acceptance by Lessor of the
assignee, subtenant or occupant as a tenant or a release of the Lessee from further observance or
performance by the Lessee of the covenants and obligations contained in this Lease. No
provisions of this Lease shall be deemed to have been waived by the Lessor unless such waiver
is in writing, signed by the Director of Aviation. Lessor reserves the right to transfer Lessors
interest in the Lease.
22.

Records and Reports

Lessee shall prepare and maintain an adequate set of records, in a format and detail acceptable to
the Lessor, documenting all of Lessee's Gross Revenues for the Hotel Concession. Lessee shall
also provide Lessor with any other reasonable financial or statistical reports which the Director
may from time to time request by written notice to Lessee.
All such reports required of Lessee shall be prepared in accordance with generally accepted
accounting principles and reported on a cash basis. Lessee shall be required, and shall require all
sublessees, to install a cash control system or point of sale equipment which shall record all sales
or service transactions by category with all data necessary to provide the Lessor with information
required in this Lease. All cash registers must be equipped with tapes, or similar records, upon
which transaction details are imprinted. Beginning and ending sales totalizer counter readings
shall be recorded at least once every 24 hours or as frequently as the system will allow.
Additionally, the sales or cash receipt system must be capable of proving, in a satisfactory
manner to the Lessor, that all transactions are recorded.
22.1

Monthly Report

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Lessee shall submit a Monthly Report concurrent with each monthly submittal of Concession
Fees payments to the Lessors Accounting Department at the following address:
Accounting Department
New Orleans Aviation Board
P. O. Box 20007
New Orleans, Louisiana 70141
Lessee shall submit a written report and an electronic Monthly Report, in a format and detail as
required by the Lessor, of all Lessee's Gross Revenues at the Airport under this Lease during the
preceding calendar month. Such report shall show Gross Revenues for the Hotel Concession
and shall include a summary of all activities of the previous month including, but not limited to,
a separate accounting of the occupancy rate. Both the written and electronic Monthly Reports
shall be submitted no later than the fifteenth (15 th) day of the following month in which such
Gross Revenues were generated at Airport. Said Monthly Report shall be submitted whether or
not monthly Percentage Rent payments are due.
22.2

Annual Report

Lessee shall submit to the Lessor at the address specified for Accounting Department above, for
the approval of the Lessor, an Annual Report for each Lease Year throughout the Term of this
Lease, not later than sixty (60) calendar days following the last day of each Lease Year. Said
Annual Report shall be prepared by an independent CPA and shall be in a format and in detail
satisfactory to the Lessor. This Annual Report shall serve as a certified annual financial
statement setting forth all business transacted at the Airport by Lessee under the terms of this
Lease during the preceding Lease Year, and excluding any other business transacted by Lessee.
Such Annual Report shall include, but not necessarily be limited to, Lessee's Gross Revenues,
Rent and other payments due to the Lessor, the CPA's audit and examination of source
documents from which Monthly Reports are based, and a certified opinion as to the accuracy of
Lessee's submitted Monthly Reports. Lessee shall bear the entire cost of such reports.
22.3

Delinquent Annual Report

If Lessee is delinquent for ten (10) days or more in furnishing to the Lessor any annual report
required under this Lease, Lessee shall pay the Lessor a One Hundred Dollars and 00/100ths
($100.00) late fee for each month, or partial month, that the annual report is delinquent, as
liquidated damages for the additional administrative costs incurred by the Lessor in
processing, reviewing, and demanding the delinquent annual report. The parties have agreed
that this is a fair and reasonable estimate of the Lessor's costs incurred in processing a
delinquent annual report. Imposition of such a late fee shall not constitute a waiver of any
other remedies available to the Lessor due to Lessee's failure to timely provide the monthly or
annual reports or pay the report late fee.

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22.4

Delinquent Monthly Report

If Lessee is delinquent in furnishing to the Lessor any monthly report required under this
Lease, Lessee shall pay the Lessor a Ten Dollars and 00/100ths ($10.00) late fee for day, that
the monthly report is delinquent, as liquidated damages for the additional administrative costs
incurred by the Lessor in processing, reviewing, and demanding the delinquent monthly
report. The parties have agreed that this is a fair and reasonable estimate of the Lessor's costs
incurred in processing a delinquent monthly report. Imposition of such a late fee shall not
constitute a waiver of any other remedies available to the Lessor due to Lessee's failure to
timely provide the monthly reports or pay the report late fee.
23. Targeted and Disadvantaged Targeted Worker Program First Source Recruitment of
Work Force
23.1

Definitions

For purposes of this Section 23, the following definitions shall be applicable:
a. Apprenticeship Program means a union or merit-based apprenticeship program
recognized by the State and Federal government that is in good standing and not within a
probationary period.
b. Core Employee means an employee of a Contractor or Subcontractor who appears on
that Contractor or Subcontractors certified employee payroll sixty (60) of the previous
one hundred calendar (100) days prior to date of award of an applicable contract.
c. Disadvantaged Targeted Worker means a targeted worker, as defined below, who (i) at
the time of commencing work has a household income of less than 50% of AMI, adjusted
for household size, of Orleans Parish or (ii) faces at least one of the following barriers to
employment: (1) being homeless; (2) being a custodial single parent; (3) eligible to
receive public assistance; (4) having a prior arrest or conviction; (5) suffering from
Chronic Unemployment; (6) having been emancipated from the foster care system; or (7)
being a veteran of the U.S. military.
d. Manpower Utilization Plan means a plan that contains the manpower schedule by
hours, man count, and craft type for the hiring of Targeted Workers and
Disadvantaged Targeted Workers to meet the Targeted Worker and Disadvantaged
Targeted Worker hiring goals and apprentice participation goals through the life of the
Lease.
e. Project Craft Hours Includes all craft worker hours performed on project work
during the construction phase.
f. Targeted Residency Area means residency within Orleans, Jefferson, or St. Charles
Parish defined by zip codes.
g. Targeted Worker means any person domiciled in the Targeted residency area
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23.2 The Lessee, its subcontractors and subtenants shall make ensure that the Targeted Worker
and Disadvantaged Targeted Worker participation goals and apprentice participation goals
outlined below are met. These goals will be evaluated annually and may be modified to reflect
the availability of Targeted and Disadvantaged Targeted Workers.
A. 30% of all project craft hours performed by Louisiana workers shall be performed by
Targeted Workers.
B. 10% of project craft hours performed by Targeted Workers shall be performed by
Disadvantaged Targeted Workers.
C. Where applicable utilize Apprenticeship Programs to employ the maximum number of
apprentices allowed by law to ensure that at least 10% of all work hours performed by
Louisiana apprentices are performed by Disadvantaged Targeted Workers.
D. 50% of permanent employees to be Targeted Workers.
E. 30% of permanent employees to be Disadvantaged Targeted Workers
1. The Lessee, its subcontractors and subtenants shall first attempt to meet the
Targeted Worker and Disadvantaged Targeted Worker participation goals by
employing qualified workers who reside in the Targeted Residency Area. This
area includes St. Charles, Jefferson and Orleans parish zip codes.
2. The Citys government office, The Office of Workforce Development (OWD),
shall be the first source for recruitment, referral, and placement of all new hires
for employment opportunities created by the Airport Hotel Project. The OWD
will refer to the Lessee, its subcontractors and subtenants qualified Targeted
Workers and Disadvantaged Targeted Workers who graduated from an
approved training program or who possess documented construction
experience in the requested craft. This does not limit the Lessee, its
subcontractors and subtenants ability to assess qualifications of prospective
candidates for employment. Nor does this provision make final hiring and
retention decisions. Rather, all hiring decisions are left to the Lessee, its
subcontractors and subtenants and this program is simply a tool to be used as the
first source for recruitment, referral and placement of new hires.
3. The Lessee, its subcontractors and subtenants unable to hire qualified Targeted
Workers or Disadvantaged Targeted Workers after making documented efforts to
meet the Targeted Worker or Disadvantaged Targeted Worker hiring participation
goals may employ qualified workers who reside outside of the Targeted
Residency Area.
4. The Lessee, its subcontractors and subtenants unable to meet the Targeted
Worker or Disadvantaged Targeted Worker hiring participation goals shall
collaborate with The City to promote and/or facilitate training for Targeted

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Workers or Disadvantaged Targeted Workers in their craft, and participate in


outreach and mentorship activities.
23.3 Administration and Compliance
A. The City shall be the first source for recruitment, referral, and placement of all new hires for
employment opportunities created by the Airport Hotel Project.
The lessee and its
subcontractors shall notify the City of its specific manpower needs at least five (5)
business days before advertising the employment opportunity to the general public or
recruiting for these craft positions outside the Targeted Residency Area.
B. The Lessee, its subcontractors and subtenants shall first meet their manpower needs by
employing qualified Targeted Workers and Disadvantaged Targeted Workers. This does not
limit the Lessee, its subcontractors and subtenants ability to assess qualifications of
prospective candidates for employment. Nor does this provision make final hiring and
retention decisions. Rather, all hiring decisions are left to the Lessee, its subcontractors and
subtenants and this program is simply a tool to be used as the first source for recruitment,
referral and placement of new hires.
C. The Lessee, its subcontractors and subtenants shall use the Employee Request Form for all
requests for dispatch of workers (including apprentices and journeymen), who are
qualified Targeted Workers or Disadvantaged Targeted Workers from The City or a union
hiring hall.
D. The Lessee, its subcontractors and subtenants, prior to commencing work, shall submit for
approval a Manpower Utilization Plan to The City or its designee that contains the manpower
plan and schedule by hours, man count, and craft/occupation type for the hiring of qualified
Targeted Workers and Disadvantaged Targeted Workers, and the assignment and use of the
subcontractors workforce to meet the Targeted Worker and Disadvantaged Targeted Worker
hiring goals and if applicable, apprentice participation goals. The Lessee, its subcontractors
and subtenants, thereafter, will submit updates to the Manpower Utilization Plan to reflect
changes in project conditions, schedule, or subcontractors.
E. The Lessee, its subcontractors and subtenants, prior to commencing work or operations, shall
submit a Workforce roster containing all core employees.
F. During the construction phase, All contractors shall submit certified payroll reports and
required documents in the Citys LCP Tracker System.
G. During the operations phase, subtenants shall make available to the Mayors Office of
Workforce Development and upon request of the City, records sufficient to determine
compliance with its obligations hereunder.
H. During the construction phase, the Lessee and its subcontractors shall submit a Targeted
Craft Worker Utilization Report using LCP Tracker to the City on the first and third
Monday of each month followed by the submittal of a cumulative month-end Targeted
Craft Worker Utilization Report with the monthly pay application to demonstrate progress in

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meeting its Targeted Worker and Disadvantaged Targeted Worker hiring and apprentice
participation projections in the Manpower Utilization Plan.
I. During construction phase, the Lessees Manpower Utilization Plan will be evaluated
monthly using the Targeted Craft Worker Utilization Report.
J. The City may issue a DBE subcontractor a waiver from the Targeted Worker and
Disadvantaged Targeted Worker hiring goals if the total number of workers used by the
subcontractor is four (4) or less, the work performed requires a specialized certification or
license, and the work will be performed in one day. The Lessee and its subcontractors will
submit a waiver request to the City for review and approval one month prior to the
subcontractor commencing work.
24.

Miscellaneous Provisions

24.1

Airport Security

Lessee shall comply with all security regulations at the Airport pursuant to all applicable federal,
State, and local laws, regulations and ordinances. In addition to the foregoing, Lessee shall
comply immediately with any and all directives issued by the Director.
At all times during the Term of this Lease, the Lessee shall provide security services
throughout the Premises, either performed by Lessee on an in-house basis or subcontracted to a
local security company. The subcontract for security services shall be subject to prior approval
by the Lessor, and shall contain insurance and hold harmless provisions, acceptable to the
Lessor, protecting the interests of the Lessor. Approval by the Lessor of the subcontractor
allowed under this provision shall in no way relieve the Lessee of securing the Premises in
accordance with the standards detailed herein. The security subcontractor shall at all times
abide by all terms, conditions, and covenants of the contract entered into between the
subcontractor and the Lessee, as approved by the Lessor. Minimum standards of security
services shall include:
a. Lessee or its security subcontractor shall provide at its sole cost at least two (2) fully
trained, uniformed, unarmed security officers for patrol of the Premises twenty-four
(24) hours per day, seven (7) days per week, fifty-two (52) weeks per year. During
special events, and particularly in situations wherein the Hotel Concession is
operating at or near capacity, the Lessor may reasonably request the presence of
additional security officer(s). Uniforms shall be subject to prior approval of the Lessor
as to style, design, type, and color.
b. Lessee or its security subcontractor shall maintain on a daily basis duty logs,
detailing incidents occurring during each shift worked. Copies of all such incident

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reports shall be remitted to the Lessor by the Lessee within twenty-four (24) hours of the
completion of the shift in which the incident occurred.
c. Lessee or its security subcontractor shall utilize two-way radios for communication
between all security personnel and the Lessee at all times. Said radios shall be
maintained and kept in good repair at all times, and shall be compatible with the radios
utilized by the Lessor and its security personnel.
d. Lessee or its security subcontractor shall use reasonable and necessary precautions
and safety measures to protect the Premises and the patrons f r om crime, injury,
and/or bodily harm, and to protect the Premises, vehicles, p e r s o n s , and property
contained therein from damage and/or loss.
e. Lessee or its security subcontractor shall at all times be subject to the authority of the
Airport's police force, and shall at all times provide full cooperation to said police
force. The Lessee and or its security subcontractor shall in no way hinder or interfere
with the duties of the Airport police force.
24.2

Amendment Required by FAA/TSA

This Lease may be amended without further consideration for the purpose of satisfying FAA or
TSA requirements. In the event that the FAA requires, as a condition precedent to granting of
funds for the improvement of the Airport, modifications or changes to this Lease, Lessee agrees
to such modifications or changes as may be required to enable Lessor to obtain FAA funds.
24.3

Accord and Satisfaction

No payment by Lessee or receipt by Lessor of a lesser amount than the rent, fees and/or
charges due to be made by Lessee herein shall be deemed to be other than on account of the
rent, fees and/or charges due, and no endorsement or statement on any check or in any letter
accompanying any check or payment as rent, fees and/or charges shall be deemed an accord
and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's
right to recover the balance of such rent, fees and/or charges or to pursue any other remedy
provided in this Lease.
24.4

Governmental Approvals Licenses and Permits

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Responsibility for securing all required governmental approvals, licenses and permits shall rest
solely with the Lessee, and shall be at the sole expense of the Lessee. The Board and the City
shall not be liable for any expense or claim of the Lessee should the Lessee fail to timely obtain,
or be unsuccessful in obtaining, any required governmental approvals, licenses and permits
necessary for the construction and/or operation of the Premises. Notwithstanding the foregoing,
Lessor agrees to cooperate with Lessee to obtain such permits.
Lessee must provide evidence acceptable to Lessor that it has secured all required governmental
approvals and permits necessary for the construction of the hotel within twelve (12) months of
the Execution Date. Should Lessee be unable to obtain all required governmental approvals,
licenses, and permits necessary for the construction of the Hotel Concession within twelve (12)
months of the Date of Execution, the Board shall have the right, at its sole option, to terminate
this Lease, with no liability by Lessor to Lessee. In the event that the Board terminates this
Lease due to the failure of the Lessee to secure all required governmental approvals, licenses,
and permits within twelve (12) months from Execution Date, the $100,000.00 proposal bond
submitted by Lessee shall be forfeited, in addition to the performance bond covering the annual
ground rent for the first year of the lease.
24.5

Surveys and Inspections

Lessee, at Lessees sole cost and expense, may, prior to the Execution Date, conduct surveys,
tests and inspections as Lessee considers reasonably necessary or desirable in connection with
the intended use of the Premises.
24.6

Aviation Hazard

Lessor reserves the right to take any action it considers necessary to protect the airspace and
approaches of the Airport against obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected or located, any light fixture, building, object, structure, or
growth of natural object on the Premises or adjacent to the Airport which, in the opinion of
Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft or obstruction
to air navigation or communication facilities.
24.7

Avigation Servitude

The Lessor reserves avigation servitude for the unobstructed use and passage of all types of
aircraft in and through the airspace above the Premises at and above 150 feet in height above sea
level. The avigation servitude shall include all incidental rights related to aviation within this
airspace, including without limitation the right to cause such noise, vibrations, fumes, deposits of
dust or other particulate matter, fuel particles (which are incidental to normal aircraft operation),
fear, interference with sleep and communication and any and all other effects that may be alleged

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to be incident to or caused by the operation of aircraft within the airspace over 150 feet in height
above sea level or in the vicinity of the Premises or in landing at or taking off from the Airport.
24.8

Compliance with ADA

Lessee, at its sole cost and expense, agrees to keep and maintain the Premises in full compliance
at all times with the Americans with Disabilities Act of 1990, specifically 28 CFR 35.151 and 36
CFR part 1191, appendices B and D, as amended (ADA). In addition, Lessee agrees that all
alterations and improvements to the Premises, if permitted, shall comply with all ADA
requirements. 28 CFR 35.151, 36 CFR part 1191, appendices B and D
24.9

Equipment/Material

All equipment, and all items of personal or movable property that do not become fixtures or
component parts, including any proprietary items owned by Lessee, that are located or placed by
Lessee upon the Premises (collectively Lessees Personal Property) shall remain the property
of Lessee. All said equipment and materials shall be removed from the Premises by Lessee upon
the expiration of the lease. All equipment and materials left on the Premises after the expiration
of the Lease may be removed by Lessor, which cost of removal shall be the sole obligation of
Lessee.
24.10 Personal Property
Lessee shall remove all personal property prior to the termination of the Lease, with the failure to
do so constituting a waiver of Lessees ownership of Lessees Personal Property. In the event
Lessee fails to remove Lessees Personal Property within ten (10) days after termination of the
Lease and Lessor elects to remove same, Lessee shall be required to reimburse the Lessor the
entire cost of removing Lessees Personal Property from the Premises.
24.11 Time of the Essence
Time is of the essence in the performance of this Lease.
24.12 Title to Tenant Improvements
Title to all Tenant Improvements made by Lessee shall at all times during the Term remain in
Lessee. Upon expiration or sooner termination of this Lease, title to all such Tenant
Improvements shall vest in the Lessor without payment of any further consideration to Lessee;
except that in lieu of taking title to such Tenant Improvements, Lessor shall have the option to
require Lessee to remove any or all of such Tenant Improvements, at Lessee's sole cost, within
sixty (60) days after such expiration or termination. Director shall exercise the Lessor's option

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to require Lessee to remove any or all of such Tenant Improvements, at Lessee's sole cost, by
providing notice to Lessee within sixty (60) days of expiration of this Lease. In the event of
sooner termination pursuant to this Lease, said exercise of such option shall not be required and
Director may designate the disposition of the Tenant Improvements.
Lessee shall ensure that all Tenant Improvements meet applicable building codes during the
Term and upon expiration of the Term so that Lessor shall not incur any expenses upon transfer
of title to Tenant Improvements to Lessor.
24.13 Access
Lessor and Lessors authorized representatives shall have the right to enter the Leased Premises
following 48 hours notice to Lessee for the purpose of:
a. Performing any maintenance or repairs that Lessee has failed to undertake,
and
b. Inspecting the Premises to verify that fire, safety, sanitation regulations,
environmental and other provisions contained in this Lease are being
adhered to by Lessee.
Lessor shall use its best efforts to conduct Lessors activities on the Premises in a reasonable
manner that will seek to minimize interference with Lessees business operations. Lessor shall be
permitted access to the Premises for emergencies without prior notice to Lessee, so long as
Lessee is notified as soon thereafter as is reasonably possible.
24.14 Casualty
If the Premises are totally destroyed by fire or other casualty, due to no fault of Lessee, that
renders the entire Premises incapable of being occupied and operated for the purposes set forth
herein by Lessee within one hundred eighty (180) days of the date of the fire or other casualty, in
Lessees sole discretion, Lessee shall have a right to terminate this Lease. In such a case, all
insurance proceeds covering the improvements on the Premises shall be the property of Lessor.
If the Premises are partially damaged or rendered partially incapable of being occupied and
operated for the purposes set forth herein by Lessee by fire or other casualty, in Lessees sole
discretion and through no fault of Lessee, this Lease shall continue in effect except that the
damages to the Premises shall be repaired within a reasonable time by Lessee and until full use
of the Premises is restored Base Rent shall partially abate in the proportion that the subject area
incapable of the aforesaid occupancy and operation bears to the entire area of the Premises. If
full tenancy is not restored within One Hundred Eighty (180) calendar days from the date of the
casualty, either Lessee or Lessor may terminate this Lease upon ten days written notice, without
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liability to either party, and any pre-paid Base Rent shall be pro-rated and refunded to Lessee.
Repair of the Premises by Lessee shall be limited to rebuilding those structures which existed as
of the Effective Date and insurance proceeds received.
24.15 Condemnation
In the event that any federal, state or local government or agency or instrumentality thereof shall,
by condemnation or otherwise, take title, possession or the right to possession of the Premises or
any part thereof, the Lessor may, at its option, terminate this Lease as of the date of such taking,
and if Lessee is not in default under any of the provisions of this Lease on said date, any rent or
concession fees prepaid by Lessee shall, to the extent allocable to any period subsequent to the
effective date of the termination, be promptly refunded to Lessee. In addition, Lessee shall be
entitled to participate in any compensation paid in the event of a taking, not to exceed the
leasehold improvements or alterations.
During any war or national emergency, Lessor shall have the right to lease any part of the
Airport, including its landing area, to the United States Government. In this event, any provisions
of this Lease which are inconsistent with the provisions of the lease to the Government shall be
suspended. Lessor shall not be liable for any loss or damages alleged by Lessee as a result of this
action. However, nothing in this Lease shall prevent Lessee from pursuing any rights it may have
for reimbursement from the United States Government.
24.16 Subordination
This Lease shall be subordinate to the provisions of any existing or future agreement between
Lessor and the United States Government relative to the operation or maintenance of the Airport,
the execution of which has been or may be required as a condition precedent to the expenditure
of federal funds for the development of the Airport. Should the effect of such agreement with the
United States government be to take all or any of the Premises or substantially alter or destroy
the commercial value of the leasehold interest granted herein, Lessor shall not be held liable
therefore, but in such event Lessee may cancel this Lease upon ten (10) days written notice to
Lessee.
24.17 Nonexclusive Rights
Nothing herein shall be construed to grant or authorize the granting of any exclusive right or
privilege of any activity on the Airport. The Lessor reserves the right to enter into leases and
other agreements, including but not limited concession agreements, with third parties for the
same or substantially the same services and/or concessions as set forth in this Lease. However,
subject to the terms and provisions of this Lease, Lessee shall have the right to exclusive
possession of the Leased Premises described by Section 3.
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24.18 Notice of Claims and Suit


Lessee shall give Lessor prompt and timely written notice of any personal injury or other
accident claims in excess of One Million and 00/100ths Dollars ($1,000,000.00), and of any
lawsuit coming to its knowledge when either such claim or lawsuit arises out of or is in any way
connected with the Leased Premises, the operations of Lessee hereunder, or the construction or
operation of Airport by Lessor, which in any way, directly, indirectly, contingently or otherwise,
might reasonably affect the parties' relationship under this Lease.
Such notice shall be deemed prompt and timely if given within thirty (30) calendar days
following the date of receipt of such claim by an officer, agent, or employee of either party, and
if given within ten (10) calendar days following the date of service of process upon either party
with respect to any such lawsuit.
24.19 Retention of Records
Lessee shall retain all its books, records of account, and supporting documents pertaining to
the uses permitted under this Lease for not less than ten (10) calendar years following
expiration or sooner termination of this Lease. Lessee shall retain all such books, records of
account, and supporting documents, and shall keep and maintain the same in accordance with
accepted professional accounting principles.
24.20 Title and Quiet Possession
Lessor represents that:
a. The Lessor is the owner of the Premises;
b. The Lessor has the right to enter into this Lease; and
c. The person signing this Lease on behalf of Lessor has the authority to sign this Lease on
behalf of Lessor.
Lessor and anyone claiming by and through Lessor hereby covenants that Lessee is entitled to
access to the Premises at all times and to the quiet possession of the Premises during the term of
the Lease, subject to the access and occupancy limitations set forth elsewhere in this Lease,
provided that Lessee is not in default of any of Lessees obligations under this Lease.
Notwithstanding the above, the Lessor does not warrant title to the premises and the Lessee is
responsible for Lessees own due diligence in confirming title.
24.21 Rules and Regulations
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Lessee shall observe the rules and regulations which Lessor shall from time to time promulgate
with respect to the Premises. Lessor reserves the right from time to time to make reasonable
modifications to such rules and regulations which shall be binding on Lessee and all other
tenants and subtenants upon delivery of a copy of the modified rules and regulations to Lessee.
Lessee shall also observe all federal, state, and local rules and regulations which may affect
Lessees operations under this Lease.
24.22 Force Majeure
Except as herein provided, neither Lessor nor Lessee shall be deemed to be in default hereunder
if either party is prevented from performing any of the obligations, other than the payment of
rentals, fees, and charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes,
shortages of energy or materials, acts of God, acts of the public enemy, tornado, hurricane, riots,
rebellion, sabotage, war, or any other circumstances for which it is not responsible or which are
not within its control.
24.23 Notices and Communications
All notices provided to be given under this Lease shall be deemed properly served if such notice
is given by certified mail, return receipt requested, addressed to the other party at the following
address, or such other address as either party may, from time to time, designate in writing:
Lessor:

Director of Aviation
New Orleans Aviation Board
P. O. Box 20007
New Orleans, Louisiana 70141

with a copy to:

Deputy Director and CFO


New Orleans Aviation Board
P. O. Box 20007
New Orleans, Louisiana 70141

Lessee:

-------------------

Notices mailed in accordance with the provisions hereof shall be deemed to have been given as
of the date of receipt or the third business day following the date of such mailing, whichever is
earlier.
Unless notified otherwise, all correspondence, documentation and information, including but not
limited to inquiries, review, questions, pay requests and other matters that require action on the
part of the Airport shall be addressed to the Authorized Representative.

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24.24 Equal Employment Opportunity


In all hiring or employment made possible by, or resulting from the Lease, there (1) will not
be any discrimination against any employee or applicant for employment because of race,
color, religion, gender, age, physical or mental disability, national origin, sexual orientation,
creed, culture, or ancestry, and (2) where applicable, affirmative action will be taken to ensure
that the lessee/developer/operators employees are treated during employment without regard
to their race, color, religion, gender, age, physical or mental disability, national origin, sexual
orientation, creed, culture, or ancestry. This requirement shall apply to, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship. All solicitations or advertisements for employees shall state that all
qualified applicants will receive consideration for employment without regard to race, color,
religion, gender, age, physical or mental disability, national origin, sexual orientation, creed,
culture, or ancestry. The Lessee shall include the provisions of this paragraph in all subleases, if
permitted.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of the
consideration herein, agrees as a covenant running with the land that no person shall be excluded
from participation in or denied the benefits of Lessees use of the Premises on the basis of race,
color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee further
agrees for itself, its personal representatives, successors in interest and assigns that no person
shall be excluded from the provision of any services on or in the construction of any
improvements or alterations to the Premises on grounds of race, color, national origin, religion,
handicap, sex, sexual orientation or familial status.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair and
equal basis to all persons.
In the event of a breach of any of the above nondiscrimination covenants, Lessor shall have the
right to terminate the Lease and to reenter and repossess the Premises and hold the same as of the
Lease had never been made or issued; provided however, that the Lessee allegedly in breach
shall have the right to contest said alleged breach under applicable Federal Aviation
Administration procedures, and any sanctions under or termination of the Lease shall be withheld
pending completion of such procedures.
If any claim arises from an alleged violation of this non-discrimination covenant by Lessee, its
personal representatives, successors in interest or assigns, Lessee agrees to indemnify Lessor and
hold Lessor harmless pursuant to Section 22.40.
24.25 Delinquent Taxes
Lessee swears that it complies with City Code 2-8 (a). Lessee is not delinquent in any taxes
owed to the City.

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24.26 Acknowledgment of Exclusion of Unemployment Compensation Coverage


The Lessee herein expressly declares and acknowledges that it is an independent contractor, and
as such is being hired by the Lessor under this Lease for hire as noted and defined in R.S.
23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in
entering into this Lease, or agreement for hire, and in connection with unemployment
compensation only, that:
a. The Lessee has been and will be free from any control or direction by the Lessor
over the performance of the services covered by this Lease; and
b. Services to be performed by the Lessee are outside the normal course and scope of
the Lessor s usual business; and
c. The Lessee has been independently engaged in performing the services listed herein
prior to the date of this Lease.
Consequently, neither the Lessee nor anyone employed by the Lessee shall be considered an
employee of the Lessor for the purpose of unemployment compensation coverage, the same
being hereby expressly waived and excluded by the parties hereto.
24.27 Acknowledgment of Exclusion of Workers Compensation Coverage
The Lessee herein expressly agrees and acknowledges that it is an independent contractor as
defined in R.S. 23:1021 (6) and as such, it is expressly agreed and understood between the
parties hereto, in entering into this Lease, that the Lessor shall not be liable to the Lessee for
any benefits or coverage as provided by the Workmen's Compensation Law of the State of
Louisiana, and further, under the provisions of R.S. 23:1034 anyone employed by the Lessee
shall not be considered an employee of the Lessor for the purpose of Workers Compensation
coverage.
24.28 Amendment
The Lease shall not be modified except by written amendment executed by duly authorized
representatives of the parties.
24.29 Audit and Inspection
a. The Lessee will submit to any Lessor audit, inspection, and review and, at the
Lessors request, will make available all documents relating or pertaining to this Lease
maintained by or under the control of the Lessee, its employees, agents, assigns, successors and
subcontractors, during normal business hours at the Lessees office or place of business in
Louisiana. If no such location is available, the Lessee will make the documents available at a
time and location that is convenient for the Lessor.
b. The Lessee will abide by all provisions of City Code 2-1120, including but not
limited to City Code 2-1120(12), which requires the Lessee to provide the Office of Inspector
General with documents and information as requested. Failure to comply with such requests shall
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constitute a material breach of the Lease. The Lessee agrees that it is subject to the jurisdiction of
the Orleans Parish Civil District Court for purposes of challenging a subpoena.
24.30 Choice of Laws
This Lease shall be construed and enforced in accordance with the laws of the State of Louisiana,
without regard to its conflict of laws provisions.
24.31 Conflict of Interest
In the interest of ensuring that efforts of the Lessee do not conflict with the interests of the
Lessor, and in recognition of the Lessees responsibility to the Lessor, the Lessee agrees to
decline any offer of employment if its independent work on behalf of the Lessor is likely to be
adversely affected by the acceptance of such employment. The initial determination of such a
possibility rests with the Lessee. It is incumbent upon the Lessee to notify the Lessor and
provide full disclosure of the possible effects of such employment on the Lessees independent
work in behalf of the Lessor. Final decision on any disputed offers of other employment for the
Lessee shall rest with the Lessor.
24.32 Construction of Agreement
Neither party will be deemed to have drafted the Lease. The Lease has been reviewed by all
parties and will be construed and interpreted according to the ordinary meaning of the words
used so as to fairly accomplish the purposes and intentions of all parties. No term of the Lease
will be construed or resolved in favor of or against the Lessor or the Lessee on the basis of which
party drafted the uncertain or ambiguous language. The headings and captions of the Lease are
provided for convenience only and are not intended to have effect in the construction or
interpretation of the Lease. Where appropriate, the singular includes the plural and neutral words
and words of any gender include the neutral and other gender.
In the event any one or more of the provisions contained in this Lease shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, of
unenforceability shall not affect any other provision thereof, and this Lease shall be construed as
if such invalid, illegal, or unenforceable provision had never been contained herein.
24.33 Convicted Felon Statement
The Lessee complies with City Code 2-8(c) and no principal, member, or officer of the Lessor
has, within the preceding five (5) years, been convicted of, or pled guilty to, a felony under state
or federal statutes for embezzlement, theft of public funds, bribery, or falsification or destruction
of public records.
24.34 Counterparts
This Lease may be executed in one or more counterparts, each of which shall be deemed to be an
original copy of this Lease, but all of which, when taken together, shall constitute one and the
same agreement.

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24.35 Electronic Signature and Delivery


The Parties agree that a manually signed copy of this Lease and any other document(s) attached
to this Lease delivered by facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original signed copy of this Lease. No
legally binding obligation shall be created with respect to a party until such party has delivered
or caused to be delivered a manually signed copy of this Lease.
24.36 Employee Verification
The Lessee swears that (i) it is registered and participates in a status verification system to verify
that all employees in the State of Louisiana are legal citizens of the United States or are legal
aliens; (ii) it shall continue, during the term of this Lease, to utilize a status verification system to
verify the legal status of all new employees in the State of Louisiana; and (iii) it shall require all
subcontractors to submit to the Lessor a sworn affidavit verifying compliance with items (i) and
(ii) above. Any violation of the provisions of this paragraph may subject this Lease to
termination, and may further result in the Lessee being ineligible for any public contract for a
period of three years from the date the violation is discovered. The Lessee further acknowledges
and agrees that it shall be liable for any additional costs incurred by the Lessor occasioned by the
termination of this Lease or the loss of any license or permit to do business in the State of
Louisiana resulting from a violation of this provision. The Lessee will provide to the Lessor a
sworn affidavit attesting to the above provisions if requested by the Lessor. The Lessor may
terminate this Lease for cause if the Lessee fails to provide such the requested affidavit or
violates any provision of this paragraph.
24.37 Entire Agreement
This Lease, including all incorporated documents, constitutes the final and complete agreement
and understanding between the parties. All prior and contemporaneous agreements and
understandings, whether oral or written, are superseded by this Lease and are without effect to
vary or alter any terms or conditions of this Lease.
24.38 Exclusive Jurisdiction and Venue
For all claims arising out of or related to this Lease, the Lessee hereby consents and yields to the
jurisdiction of the Civil District Court for the Parish of Orleans, and expressly waives any (A)
pleas of jurisdiction based upon Lessors residence and (B) right of removal to federal court
based upon diversity of citizenship.
24.39 Incorporation into Subcontracts
The Lessor will incorporate these Lease Terms and Conditions into all subcontracts, by reference
or otherwise, and will require all subcontractors to comply with these provisions.

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24.40 Indemnification
a. To the fullest extent permitted by law, the Lessee will indemnify, defend, and hold
harmless the Lessor , its agents, employees, officials, insurers, self-insurance funds, and assigns
(collectively, the Indemnified Parties) from and against any and all claims, demands, suits, and
judgments of sums of money accruing against the Indemnified Parties: for loss of life or injury or
damage to persons or property arising from or relating to any act or omission or the operation of
the Lessee, its agents or employees while engaged in or in connection with the discharge or
performance of any Services under this Lease; and for any and all claims and/or liens for labor,
services, or materials furnished to the Lessee in connection with the performance of work under
this Lease.
b. Limitation. The Lessees indemnity does not extend to any loss arising from the
gross negligence or willful misconduct of any of the Indemnified Parties, provided that neither
the Lessee nor any of its agents or employees contributed to such gross negligence or willful
misconduct.
c. Independent Duty. The Lessee has an immediate and independent obligation to, at
the Lessors option: (a) defend the Lessor from or (b) reimburse the Lessor for its costs incurred
in the defense of any claim that actually or potentially falls within this indemnity, even if: (1) the
allegations are or may be groundless, false, or fraudulent; or (2) the Lessor is ultimately absolved
from liability.
d. Expenses. Notwithstanding any provision to the contrary, the Lessee shall bear the
expenses including, but not limited to, the Lessors reasonable attorney fees and expenses,
incurred by the Lessor in enforcing this indemnity.
24.41 Independent Contractor Status
The Lessee is an independent contractor and shall not be deemed an employee, servant, agent,
partner, or joint venture of the Lessor and will not hold itself or any of its employees,
subcontractors or agents to be an employee, partner, or agent of the Lessor.
24.42 Limitations of the Lessors Obligations
The Lessor has no obligations not explicitly set forth in this Lease or any incorporated
documents or expressly imposed by law.
24.43 Living Wages
To the fullest extent permitted by law, the Lessee agrees to abide by City Code sections 70-801,
et seq., which requires payment of a wage to covered employees equal to the amounts defined in
the Code (Living Wage). If the Lessee fails to comply with the requirements of the Living
Wage during the term of the Lease, said failure may result in termination of the Lease or the
pursuit of other remedies by the Lessor.

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24.44 No Third Party Beneficiaries


The Lease is entered into for the exclusive benefit of the Lessor and the Lessee, and the Lessor
and the Lessee expressly disclaim any intent to benefit anyone not a party to this Lease.
24.45 Non-Discrimination
In the performance of this Lease, the Lessee will not discriminate on the basis, whether in fact or
perception, of a person's race, color, creed, religion, national origin, ancestry, age, sex (gender),
sexual orientation, gender identity, domestic partner status, marital status, physical or mental
disability, or AIDS- or HIV-status against (1) any employee of the Lessee working with the
Lessor in any of Lessees operations within Orleans Parish or (2) any person seeking
accommodations, advantages, facilities, privileges, services, or membership in all business,
social, or other establishments or organizations operated by the Lessee.
24.46 Non-Solicitation
The Lessee has not employed or retained any company or person, other than a bona fide
employee working solely for him, to solicit or secure the subject Lease. The Lessee has not paid
or agreed to pay any person, other than a bona fide employee working for him, any fee,
commission, percentage, gift, or any other consideration contingent upon or resulting from the
subject Lease.
24.47 Non-Waiver
The failure of the Lessor to insist upon strict compliance with any provision of the Lease, to
enforce any right or to seek any remedy upon discovery of any default or breach of the Lessor at
such time as the initial discovery of the existence of such noncompliance, right, default or breach
shall not affect or constitute a waiver of the Lessor s right to insist upon such compliance,
exercise such right or seek such remedy with respect to that default or breach or any prior
contemporaneous or subsequent default or breach.
24.48 Ownership Interest Disclosure
The Lessee will provide a sworn affidavit listing all natural or artificial persons with an
ownership interest in the Lessee and stating that no other person holds an ownership interest in
the Lessee via a counter letter. For the purposes of this provision, an ownership interest shall
not be deemed to include ownership of stock in a publicly traded corporation or ownership of an
interest in a mutual fund or trust that holds an interest in a publicly traded corporation. If the
Lessee fails to submit the required affidavits, the Lessor may, after thirty (30) days written
notice to the Lessee, take such action as may be necessary to cause the suspension of any further
payments until such the required affidavits are submitted.

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24.49 Prohibition against Financial Interest in Agreement


No elected official or employee of the Lessor shall have a financial interest, direct or indirect, in
the Lease, including through any financial interest held by the spouse, child, or parent. Any
willful violation of this provision, with the expressed or implied knowledge of the Lessee, will
render this Lease voidable by the Lessor and shall entitle the Lessor to recover, in addition to any
other rights and remedies available to the Lessor, all monies paid by the Lessee to the Lessor
pursuant to this Lease without regard to the Lessees satisfactory performance.
24.50 Prohibition on Political Activity
None of the funds, materials, property, or services provided directly or indirectly under the terms
of this Lease shall be used in the performance of this Lease for any partisan political activity, or
to further the election or defeat of any candidate for public office.
24.51 Remedies Cumulative
No remedy set forth in the Lease or otherwise conferred upon or reserved to any party shall be
considered exclusive of any other remedy available to a party. Rather, each remedy shall be
deemed distinct, separate and cumulative and each may be exercised from time to time as often
as the occasion may arise or as may be deemed expedient.
24.52 Severability
If a court of competent jurisdiction finds any provision of the Lease to be unenforceable as
written, the unenforceable provision should be reformed, if possible, so that it is enforceable to
the maximum extent permitted by law, or, if reformation is not possible, the unenforceable
provision will be fully severable and the remaining provisions of the Lease will remain in full
force and effect and will be construed and enforced as if the unenforceable provision was never a
part the Lease.
24.53 Survival of Certain Provisions
All representations and warranties and all obligations concerning record retention, inspections,
audits, ownership, indemnification, payment, remedies, jurisdiction, venue, choice of law, and
warranties shall survive the expiration, suspension, or termination of the Lease and continue in
full force and effect.
24.54 Terms Binding
The terms and conditions of the Lease are binding on any heirs, successors, transferees, and
assigns.
24.55 Waiver of Benefits
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The Lessee, as an independent Lessee, will not receive from the Lessor any sick and annual leave
benefits, medical insurance, life insurance, paid vacations, paid holidays, sick leave, pension, or
Social Security for any services rendered to the Lessor under this Lease.
25.

Required Federal Provisions

25.1

Civil Rights General

The Lessee and its transferee agree to comply with pertinent statutes, Executive Orders and such
rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or disability be excluded from participating in any activity conducted
with or benefiting from Federal assistance.
This provision obligates the Lessee or its transferee for the period during which Federal
assistance is extended to the airport through the Airport Improvement Program.
In cases where Federal assistance provides, or is in the form of personal property; real property
or interest therein; structures or improvements thereon, this provision obligates the party or any
transferee for the longer of the following periods:
(a) The period during which the property is used by the airport sponsor or any transferee
for a purpose for which Federal assistance is extended, or for another purpose involving
the provision of similar services or benefits; or
(b) The period during which the airport sponsor or any transferee retains ownership or
possession of the property.
25.2

Title VI - Compliance with Nondiscrimination Requirements

During the performance of this contract, the Lessee, for itself, its assignees, and successors in
interest (hereinafter referred to as the Lessee) agrees as follows:
1. Compliance with Regulations: The Lessee (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may
be amended from time to time, which are herein incorporated by reference and made a part of
this contract.
2. Non-discrimination: The Lessee, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The Lessee will not participate directly or indirectly in the discrimination prohibited by the
Nondiscrimination Acts and Authorities, including employment practices when the contract
covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

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3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In


all solicitations, either by competitive bidding, or negotiation made by the Lessee for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the Lessee of the Lessees obligations
under this contract and the Nondiscrimination Acts And Authorities on the grounds of race,
color, or national origin.
4. Information and Reports: The Lessee will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with
such Nondiscrimination Acts And Authorities and instructions. Where any information required
of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the Lessee will so certify to the sponsor or the Federal Aviation Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of Lessees noncompliance with the Nondiscrimination provisions of this contract, the Lessor will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not limited
to:
a. Withholding payments to the contractor under the contract until the contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Lessee will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Lessee
will take action with respect to any subcontract or procurement as the sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the contractor may request
the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the
contractor may request the United States to enter into the litigation to protect the interests of the
United States.
25.3

Title VI - Title VI Clauses for Transfer of Real Property Acquired or Improved


Under the Activity, Facility, or Program

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Lessor pursuant to the provisions of the Airport Improvement Program grant
assurances.

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a. The Lessee for himself/herself, his/her heirs, personal representatives, successors in


interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this Lease for a purpose for which a Federal Aviation
Administration activity, facility, or program is extended or for another purpose involving
the provision of similar services or benefits, the Lessee will maintain and operate such
facilities and services in compliance with all requirements imposed by the
Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination
Authorities (as may be amended) such that no person on the grounds of race, color, or
national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
b. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
covenants, Lessor will have the right to terminate the Lease and to enter, re-enter, and
repossess said lands and facilities thereon, and hold the same as if the Lease had never
been made or issued.
25.4 Title VI - Clauses for Construction/Use/Access to Real Property Acquired Under the
Activity, Facility or Program
The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by Lessor pursuant to the provisions of the Airport
Improvement Program grant assurances.
a. The Lessee for himself/herself, his/her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, as a covenant running with the land) that (1) no person on the
ground of race, color, or national origin, will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land, and the furnishing of services
thereon, no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other
requirements imposed by or pursuant to the List of discrimination Acts And Authorities.
b. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the
above nondiscrimination covenants, Lessor will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and
hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.
25.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities

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During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the contractor) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);

49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department


of TransportationEffectuation of Title VI of The Civil Rights Act of 1964);

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal-aid programs and projects);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27;

The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);

Airport and Airway Improvement Act of 1982, (49 USC 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms programs or activities to include all of the programs or activities of the
Federal-aid recipients, sub-recipients and contractors, whether such programs or activities
are Federally funded or not);

Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. 12131 12189) as implemented by Department of Transportation
regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administrations Non-discrimination statute (49 U.S.C. 47123)


(prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority


Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with

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Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq)

Subtitle A of Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131),
which prohibits discrimination on the basis of disability by public entities as implemented
by the Department of Justice regulations at 28 CFR part 35;

Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which
prohibits discrimination on the basis of disability by public accommodations and requires
places of public accommodation and commercial facilities to be designed, constructed,
and altered in compliance with accessibility standards as implemented by the Department
of Justice regulations at 28 CFR part 36.

25.6 Fair Labor Standards Act


All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR Part 201, the Federal Fair Labor Standards Act (FLSA), with the same
force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part time workers.
The Lessee has full responsibility to monitor compliance to the referenced statute or regulation.
The proposer must address any claims or disputes that arise from this requirement directly with
the U.S. Department of Labor Wage and Hour Division.
25.7 Occupational Safety and Health Act of 1970
All contracts and subcontracts shall incorporate by reference the requirements of 29 CFR Part
1910 with the same force and effect as if given in full text. Lessee must provide a work
environment that is free from recognized hazards that may cause death or serious physical harm
to the employee. Lessee retains full responsibility to monitor its compliance and their
subcontractors compliance with the applicable requirements of the Occupational Safety and
Health Act of 1970 (20 CFR Part 1910). Lessee must address any claims or disputes that pertain
to a referenced requirement directly with the U.S. Department of Labor Occupational Safety
and Health Administration.
26.

Incorporation of Exhibits

The following Exhibits are hereby incorporated into and made a part of this Lease:

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Exhibit A - Scope of Design, Construction, and Operation of Airport Hotel (Attachment A, RFP)
Exhibit B - Leased Premises
Exhibit C - Performance Standards
Exhibit D - Products and Services
Exhibit E - Technical Overview
Exhibit F - Lessees RFP Response

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IN WITNESS WHEREOF, the Lessor and the Lessee, through their duly authorized
representatives, execute this Lease.
CITY OF NEW ORLEANS
BY:
MITCHELL J. LANDRIEU, MAYOR
Executed on this

of

FORM AND LEGALITY APPROVED:


Law Department
By:
Printed Name:

[BOARD SIGNATURES CONTAINED ON NEXT PAGE]

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, 201

Approved by resolution of the New Orleans Aviation Board


dated [INSERT DATE] and directing the Chairwoman and
Director of Aviation to execute the same:
NEW ORLEANS AVIATION BOARD

By:
Cheryl Teamer, Chairwoman
New Orleans Aviation Board

Date

By:
Iftikhar Ahmad, Director of Aviation
New Orleans Aviation Board

Date

Reviewed as to form and legality:

By:
Michele Allen-Hart
Date
General Counsel and Deputy Director of Legal Affairs
New Orleans Aviation Board

[LESSEE SIGNATURE CONTAINED ON NEXT PAGE]

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LESSEE
By:

__________________________________________
Taxpayer Identification Number
Date:

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EXHIBIT A - Scope of Design, Construction, and Operation of Airport Hotel


(Attachment A, RFP)

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EXHIBIT B - Leased Premises

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EXHIBIT C - PERFORMANCE STANDARDS

Lessee is required to provide the highest level of customer service, quality


products, services/amenities, and facilities to the Airport patrons at all times. The Lessor
and Lessee agree that Lessee shall observe the following Performance Standards in
addition to those contained elsewhere in the Lease.
Hours of Operation

A.

The Hotel Concession shall be open for business seven (7) days a week, including
holidays. The front desk operation used for checking in customers shall be open for business
24 hours per day. If the front desk personnel are not at the desk, an alternate means of
contacting a Hotel Concession representative shall be made available in a conspicuous
location.
Operation of Hotel Concession and Leased Premises

B.
1.

Lessee shall furnish all services provided hereunder on a fair and reasonable
basis to all users of the Airport and the general public. The Lessee's operations must be
conducted in a safe, clean, orderly, and inviting condition at all times and service shall
be prompt, courteous and efficient satisfactory to the Lessor .
2.

No loud or inappropriate music will be played at the Leased Premises.


Lessee's employees must conduct themselves in a professional manner and shall
provide the highest level of service possible to all Airport patrons.
3.

In the event the Leased Premises are operated as a name brand facility by
Lessee pursuant to a license or franchise, Lessee shall fully comply with all the
standards of the licensor or franchisor, perform all of the terms and conditions of such
license or franchise and keep such license or franchise in full force and effect.
4.

Lessee shall strictly comply with all applicable building codes, zoning
regulations, municipal, Lessor, State or federal laws, ordinances and regulations,
including all health department regulations and ordinances, and all Airport rules,
regulations and orders. Lessee shall maintain continuously the necessary licenses
required to operate the Leased Premises.
5.

Lessee shall conduct its operations in an orderly and proper manner so as not
to commit any nuisance or waste in the Leased Premises.
6.

Customer Complaints - Lessee shall respond in writing to all written


complaints within forty-eight (48) hours of receipt and shall provide copies of all

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associated written correspondence to the Airport Director.


7.
At no time shall the Leased Premises be left unattended or temporarily closed
while employees go on break, receive deliveries, or for other such reasons unless
otherwise previously approved by the Director in writing. Lessee shall ensure that it
is adequately staffed to fully manage the Hotel Concession.
8.

Lessee's service shall be timely, attentive, and friendly. Processing check-in and
check-out of its customers shall be prompt. Receipts shall be properly itemized, shall
reflect precisely the individual guest room rental charges by day, actual sale of goods
and services, taxes, total charge and date of transaction. All customers shall be thanked
for patronage.
9.

Lessee shall operate its business at Airport under the trade name set forth in the
Lease so long as: (1) the same shall not be held to be in violation of any applicable law;
and (2) shall not change the advertised name or character of the Hotel operated in the
Leased Premises without the prior written approval of the Lessor, which approval may
be withheld at the Lessors absolute discretion.
10.

Lessee shall not distribute any handbills or other advertising matter in any part
of the Airport other than in the Leased Premises. In the event that the Lessee violates the
foregoing, Lessee shall, at Lessee's sole cost and expense, be responsible for
immediately clearing the area of any such materials.
11.

At the Director's request, Lessee shall meet with the Director to review any
complaints or concerns and shall promptly correct any deficiencies. The Director's
determination as to quality of operation or services shall be conclusive and curative
measures shall be implemented by Lessee as expeditiously as possible.
12.

Lessee shall at all times observe prudent cash-handling procedures, and it shall
immediately implement any new procedures, or revise any existing procedures in such a
manner, as the Director may reasonably require from time to time, provided that the
Director gives written notice thereof to Lessee.
13.

The Director may monitor, test, or inspect Lessee's service at any time
through the use of a responsible shopping service or by other commercially reasonable
means that do not unduly interfere with Lessee's business.
14.

The Director, in his sole discretion, reserves the right to require Lessee to add
additional staff, if the customer service requirements set forth in this Lease are not
being met. Lessee should anticipate peak travel seasons such as spring break,
Thanksgiving, Christmas, and other holidays, and add additional staff accordingly.
15.

The Lessee will display only signage that has been previously approved by the
Director in writing. The Director, in his sole discretion, shall have the right to require

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Lessee to immediately remove any displays that are determined to be inappropriate for
the Airport. Handwritten signage is expressly prohibited from being displayed at any
time.
16.

Lessee shall comply with all local Department of Health sanitation


rules and regulations and must maintain the Leased Premises in a clean manner.
Copies of all Department of Health facilities inspections shall be submitted to
the Director within five (5) business days upon completion of inspection.
Lessee shall notify the Director immediately upon receiving any failing
inspection.
17.
The operation and management of the Leased Premises shall be under the
constant and direct supervision of a well-trained, qualified, and experienced manager
employed by Lessee.
Personnel

C.
1.

Manager - Lessee's manager on-site at the Leased Premises shall be a full-time


active, qualified, experienced, and competent Manager with the complete
responsibility and authority to respond quickly and decisively to the Director in all
matters affecting the operation of the Leased Premises. Lessee shall at all times ensure,
in the absence of the Manager, that a qualified supervisor is available and empowered
to act quickly and decisively in response to any need arising from the operation of the
Leased Premises during normal business hours as well as in the evenings and/or in the
event of an emergency.
2.

Staffing - Lessee shall provide an adequate number of employees on each


shift to ensure the highest standards of public service and satisfactory operation and
maintenance of the Leased Premises at all times. Lessee shall provide appropriate
staffing levels to accommodate changes in peak periods of passenger activity and
shall add an appropriate number of employees to respond to increased levels in
potential customers resulting from changes in the airline schedules or relocation of
airline gates. Lessee shall recruit, train, supervise, direct and deploy the number of
employees necessary to provide prompt service to all customers.
3.

Deportment - Lessee shall require its employees in all circumstances to


observe a strict impartiality as to quantities and services, to provide fast service, to
exercise courtesy and consideration in dealing with the public and to give directions.
Employees will acknowledge, greet and/or welcome customers and provide assistance
to customers as needed or requested. Lessee's employees shall be proficient in
customer service and sales techniques. Employees shall not eat or drink within view of
customers while in the Leased Premises. Personal belongings shall not be within view
of customers at the Leased Premises.

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4.

Training - Lessee's employees shall conduct themselves in accordance with


the rules and precepts taught in Lessee's training program or programs. Each
employee shall be trained in customer service skills and shall be knowledgeable
about the products and services offered at the Leased Premises. Lessee shall certify
to the Director, if requested, that such training has been completed.
5.

Uniforms & Badges - All employees of Lessee who come in contact with
the public shall be clean and well groomed, neat, professional, courteous, and shall
wear professional uniforms that must be kept neat and clean. If Lessee does not
have a standard uniform all Lessee employees shall be appropriately attired.
D.

Product and Services Merchandising


1.

Lessee shall develop and implement creative and effective services and
products merchandising displays within the Leased Premises to adequately
promote and advertise its products and services that encourage customers to
purchase such products and services.
2.
Merchandising shall include promotional displays and attractive packaging.
Lessee shall establish reasonably adequate inventory levels as required to facilitate
sales. All merchandise shall be properly stocked, stored and secure to maintain
control of inventory.
3.
Merchandising displays and promotional displays must be previously
approved by the Director. The Lessor shall have the right to require Lessee to
immediately remove any displays that the Director, in his sole discretion, determines
are inappropriate for the Airport.

E.

Sales and Dignified Use

No public or private auction, fire, going out of business, bankruptcy or similar types of
sales shall be conducted in or from the Leased Premises. The Leased Premises shall be used only
in a dignified and ethical manner, consistent with the general high operation standards at the
Airport.
F.

High Traffic Areas Refurbishment

Lessee shall maintain the Leased Premises in a well-maintained condition at all times
during the Term of this Lease. Lessee shall repaint or refinish, at Lessee's own cost, high traffic
areas within the Leased Premises subject to greater than normal wear on a schedule to be
specified by Lessee, or as may be required by the Director, if Lessee fails to specify a reasonable
refurbishment schedule and complete such refurbishment. All Tenant Improvements, and other
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or replaced by Lessee, at Lessee's sole expense as soon as reasonably possible. This requirement
is in addition to the Mid-Term Refurbishment requirement under Section 4 herein.
G.

Maintenance and Leased Premises Upkeep


1.

Lessee must keep and maintain the Leased Premises and any fixtures,
furniture, and equipment contained within the Leased Premises in good condition and
repair.
2.

Lessee shall perform all maintenance, repairs, or replacements using quality


materials equal to the original, and, if materially changed from the original, shall be
subject to the prior written approval of the Director.
3.

Lessee shall provide complete and adequate arrangements for the sanitary
handling of all trash, garbage, and other refuse generated in connection with the use of
the Leased Premises.
4.

Lessee shall not allow the accumulation of boxes, pallets, cartons, barrels,
carts, equipment, or other similar items in any area of the Leased Premises.
5.

Lessee may be required, at its own expense, to keep a floor mat to all rear (back
of house) entrances and exits to their Leased Premises as a means to prevent debris and
water from permeating common areas.
6.

Lessee shall be responsible for the complete control of all rodents and insects
or other pests within the Leased Premises.
7.

Lessee's fixtures and/or equipment installed in, affixed to, or served by, roof
vents or other similar air openings serving the Leased Premises, shall be kept free of
grease accumulation, dirt, and other foreign matter by Lessee at all times throughout the
term of the Lease. Lessee shall furnish and service any and all filters or similar equipment
considered necessary by the Lessor, monthly or as often as necessary.
8.

Lessee shall implement approved daily, weekly, monthly, and annual


equipment maintenance and facility cleaning logs and shall submit such logs as
requested by the Director. Lessee shall strictly adhere to such cleaning and
maintenance schedules and provide equipment inspection certifications as required by
Director.
9.

Lessee acknowledges that the Lessor will, with or without notice and at any
hour, inspect any and all operations on the Lessees premises, including all public
areas and non-public areas (but excluding hotel rooms in use by Hotel guests).
Lessors inspectors may take notes, photographs, video or other documentation of
inspections or conditions on the Lessees premises. Lessee and any sub-lessees shall

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permit access to the Lessors inspectors and shall fully cooperate with Lessors
inspectors. The Lessor may also send secret shoppers or other inspectors to review
and inspect any aspect of the Hotel Concession operations or its sublessors
operations. Failure to permit immediate access to any of the Lessors inspectors is
considered a default under the Lease.
H.

Sanctions for Violation of Lessee Operating Standards


1.

Upon Lessee's violation of the operating standards listed in the table below,
Lessee may be sanctioned for such violations in the amounts identified. Sanctions
may accrue immediately and without notice upon violation.
2.

Violations must be cured at the earliest possible date. If condition of


violation continues for more than two (2) calendar days after the Lessor has given
Lessee notice of the violation, additional sanctions may be applied.
3.

Each violation occurrence shall be cumulative and expire three hundred


sixty-five (365) days from notification. Effects of violation shall be applied for three
hundred sixty-five (365) days from date of notification.
4.

After five (5) violations in Section A or three (3) violations in Section B


within one (1) calendar year (365 days) of the chart herein below, the Director
reserves the right, at its sole option, not to impose the sanction and instead to seek any
other remedies available under this Lease, including termination of this Lease.

5.

If Lessee believes that there were unforeseen circumstances beyond Lessee's


reasonable control that caused Lessee to violate the Performance Standards described
in this Exhibit D, Lessee may request that the Lessor take such mitigating
circumstances into consideration by submitting to the Director a written request
which outlines and explains the mitigating circumstance in detail. The Director will
review such request before imposing a sanction or taking any other action that it is
entitled to take under this Lease.

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Section A Violations:

Occurrence

Hours of Operation
Operations, Service Standards and

Amount of Sanction
Written Notification

$200 Sanction

$400 Sanction

$750 Sanction

Employee Standards
Pricing
Quality
Signage
Interference with Utilities
Deliveries and Vendor Access

$1,000 per occurrence thereafter or


default under Section ___ of the
Agreement

Section B Violations:
Maintenance and Repairs
Sanitation
Hygiene and Cleanliness
Waste Disposal, Grease Disposal

Occurrence
1

2
3

Amount of Sanction
$250 Sanction

$500 Sanction
$1,000 per occurrence thereafter or
default under the Agreement

Recycling
Health Code Violations

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EXHIBIT D - LESSEES PRODUCTS AND TYPES OF SERVICES

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EXHIBIT E - TECHNICAL OVERVIEW


(Attachment H, RFP)

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EXHIBIT F- LESSEES RFP RESPONSE

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ATTACHMENT G
TECHNICAL OVERVIEW
All information contained herein has been gathered and described in good faith by the North
Terminal Project Program Manager, Parsons Brinkerhoff, along with the Design Team of the
North Terminal Project, Crescent City Aviation Team. City/NOAB is not liable for any errors,
omissions, changes or delays as a result thereof.
Proposers should satisfy themselves by personal investigation, independent verification, due
diligence, or such other means as they may think necessary as to the conditions affecting this
Request for Proposals. The City/NOAB does not warrant the accuracy of the information
presented in this RFP and proposers assume all risks associated with relying on the
Citys/NOABs representations made herein this RFP.
Supporting Documents are available for download at www.cityblueprint.com and its Project
Planroom along with full bid documents titled RFP for Hotel at Louis Armstrong New
Orleans International Airport.
1. Location
The Hotel will be located approximately 260 feet north of the Terminal, adjacent to the northern
side of the parking garage. The Hotel will be accessible from the Parking Garage as well as the
Terminal. The Hotel will not be adjacent to the Terminal.
2. Square Footage
The square footage of the Hotel site footprint at ground level (Level 1) is estimated at
approximately 22,985 square feet. The dimensions of the Hotel site footprint at ground level
(Level 1) are 116 feet x 65 feet 8 inches. This number includes Hotel drop off area/service
access. The building footprint of the Hotel at ground level (Level 1) is 7,617 square feet. The
dimensions of the site at ground level (Level 1) are as follows: 133 feet x 181 feet. The
dimensions of floors two through eight (undetermined) are 156 feet x 65 feet 8 inches. The
building footprint at these levels is 10,296 square feet per floor.
3. Lease boundary requirements
Modifications of lease boundary need to be approved in writing by NOAB. Any encroachments
into the lease boundary must also be reviewed by NOAB.
4. Setbacks
A. The building setback for the Hotel at the ground floor should follow the ordinances put in
place by the local, state, and federal authorities having jurisdiction.
B. The setback for the Hotel from the Garage is two inches on the upper floors. There will

be a two inch expansion joint at the intersection between the Hotel structure and Parking
Garage walls on floors two through five.
5. Building Height
The Federal Aviation Administration has cleared a structure height of 145 feet above mean sea
level (AMSL). The 145 AMSL structure height includes anything mounted on top of the
structure. All proposers will be evaluated on a maximum height of 145 AMSL. Proposals
including a structure greater than 145 AMSL will be rejected. Upon the award of a lease
agreement should the successful Proposer choose to pursue the clearance of a taller structure
through the FAA that meets all of the NOABs design criteria, the NOAB will consider, subject
to advance FAA approval, the modified design if the financial benefits to the NOAB are evident.
Exterior mechanical equipment must be shielded from view. Cantilevering over the road or
parking garage may be proposed as long as the hotel does not impede any necessary clearances
or increase the expenses and costs to the NOAB for the construction of the North Terminal or its
related projects. Finished Floor elevation minimum cannot be lower than Parking Garage. Finish
floor elevation of the Parking Garage is currently designed at one foot.
6. Construction Phasing
The hotel construction phasing shall be coordinated with the construction of Terminal, Parking
Garage, and site work.
7. Utilities
A. Sanitary Sewer connection will be to an existing 4-inch Sanitary Sewer Force Main to be
installed by NOAB. The successful Proposer is responsible for designing and installing a
Sanitary Sewer Service gravity line, force main and packaged sanitary sewer lift station,
to connect to the NOAB provided force main. The successful Proposer is responsible for
coordinating with NOAB and Veolia Water and Sewer/City of Kenner Wastewater
Department. Grease trap and connection will be provided by the Successful Proposer.
The exact location will be coordinated prior to construction of Hotel infrastructure. Refer
to Supporting Documents for general location of utilities and notes.
B. Water Service connection will be provided by the NOAB on the west side of the site. Fire
and Domestic water meters and Back Flow Preventers will be provided by the Successful
Proposer. The exact location is to be coordinated prior to construction of Hotel
infrastructure. Refer to Supporting Documents for general location of utilities and notes.
C. Communication service will be provided by the appropriate service providers. Refer to
Supporting Documents for the approximate location. Successful Proposer is responsible
for coordinating with the NOAB and service provider to arrange service and identify
servitudes and/or rights-of-way required to be granted by the NOAB, and installing
underground raceways to the lease line.
D. Gas service will be provided by Atmos Energy. Refer to Supporting Documents for the

approximate location. The successful Proposer is responsible for coordinating with


service provider and paying any required fees necessary to bring gas service to the lease
line. The successful Proposer is responsible for coordinating with the NOAB and Atmos
to identify and obtain servitudes required to be granted by the NOAB.
E. Electrical service will be provided by Entergy. Refer to Supporting Documents for the
approximate location. The successful Proposer will be responsible for coordinating
points of service and installing underground raceways if required. The successful
Proposer is responsible for any required fees assessed by Entergy. The successful
Proposer is responsible for coordinating with NOAB and Entergy to identify rights-ofway and/or servitudes required to be granted by the NOAB. The successful Proposer is
responsible for coordinating with service provider.
F. Storm Water Runoff is to be coordinated with the Parking Garage Project.
8. Site Access
A. During construction, access to the Hotel site during construction will be available at
Boeing Lane and Whiskey Road (tentative name). Access to Boeing Lane and Whiskey
Road will be available from Aberdeen Street. The lay down area for the hotel will be
located in the area that will become the West surface parking lot upon completion.
B. Final site access will be available by heading eastbound on Terminal Road from
Aberdeen. The customer will have the choice to access the Hotel, the Parking Garage,
Departures and Arrivals Curb, and Surface Parking.
9. Signage and Branding
A. All signage must be approved by the NOAB, meet minimum airspace requirements and
all City of Kenner sign ordinance or code requirements.
B. Roadway signage needs to be indicated to direct customers to the hotel drop off area from
the Greater New Orleans area.
C. Wayfinding signage needs to be provided to get customers from terminal to Hotel and
from Hotel to North Terminal. Signage must conform and coordinate to the garage
wayfinding standards.
10. Building Materials
Hotel construction materials shall be at the successful Proposers discretion, provided materials
comply with the following:
A. Materials used shall compliment the final North Terminal design aesthetic. See
Supporting Documents for a list of specified materials.

B. In order to comply with the previously completed FAA VHF reflectivity studies performed by
Spohnheimer Consulting, the building envelope above the surface of the parking structure must
be approved by the FAA and comply with the following:
1. Concrete construction (i.e., reinforced concrete, stucco or concrete panels on a steel
frame) and similar methods will likely be acceptable to the FAA and was previously
modeled. The addition of glazing improves the results.
2. Metal panel cladding (i.e., metal panels covering a steel frame at the external walls) will
likely be acceptable to the FAA as long as it remains at 50% or less of the surface area of
each faade. The remaining surface area can be made up of any combination of concrete,
stucco or glazing.

3. Window glass that is VHF-reflective (thin metallic coating for colors such as
gold, for example, or a thin internal mylar layer for light attenuation) must be preapproved prior to construction.
C. NOAB reserves the right to require ILS Signal Modeling using OUNPPM software,
current standardized version, and submission of the results of this modeling to FAA for
approval of materials. This modeling shall be performed and paid for by the successful
Proposer. Sources for this modeling effort are available upon request.
11. Design Intent
The design intent of the Hotel shall compliment the interior and exterior design of the new North
Terminal in similar curvature style. The exterior design should not be hotel brand specific and
offer flexibility for future brand changes. See renderings and the materials palette in Supporting
Documents.
12. Parking Garage Crossover Servitude
The NOAB will provide a 12 foot wide by 174 foot long Crossover Servitude between the Hotel
and the Level 4 parking garage elevator lobby. The successful Proposer shall provide an
environment for pedestrians within the Crossover Servitude that is consistent with the design
intent of both the North Terminal and the Hotel. The space may be enclosed and conditioned or
open air and separated from the garage traffic with bollards and/or planters to provide a walkway
between the Hotel and terminal. The flooring, ceiling, walls, lighting (fixtures and foot candles),
signage, bollards, vegetation, trash receptacles and other design elements will all need to be code
compliant and approved by the NOAB. Tasteful, subtle hotel branding will be permitted in the
walkway, but is subject to NOAB approval. No other advertising will be permitted in the space.
The Proposer will be required to coordinate any improvements to the Crossover Servitude area
so that it will not affect construction or opening of the parking garage.
The NOAB will also provide a second Hotel/NOAB Crossover Shared Use Area consisting of
the Level 4 parking garage elevator lobby and the crossover bridge between the terminal
ticketing hall and the Level 4 parking garage elevator lobby. The successful Proposer will work
in conjunction with the NOAB to co-brand as acceptable to the NOAB in this area. This area will

be utilized by both Hotel and garage customers. This area will be owned, controlled and
maintained by the NOAB.
Smoking shall not be permitted at building entry/egress points or within the walkway and shall
be signed as such. The Hotel shall designate a smoking area on the ground floor out of the
primary path of travel for hotel guests and provide ash urns and trash receptacles.
The successful Proposer is responsible for any mechanical, electrical or fire protection required
in the Crossover Servitude space. The successful Proposer is also responsible for the on-going
operations and maintenance costs of the Crossover Servitude and shall maintain it in a clean and
safe manner.
13. Building Code
A. The Hotel design must comply with all local, state, and federal building codes.
B. The City of Kenner Conditional Use Permit will be required prior to construction on the
Hotel.
14. Airspace Requirements
A. The Hotel must comply with minimum airspace lighting requirements. Hotel needs to be
equipped with proper identification lighting as to be identified by incoming aircraft.
B. The successful Proposer will be required to complete one or more airspace studies in
connection with the construction of the hotel. Proposers should familiarize themselves
with the Federal Aviation Administration (FAA) requirements and processes for airspace
studies and FAA Form 7460-1 Notice of Proposed Construction or Alteration. The
successful Proposer shall provide all necessary and relevant information for the airspace
studies and the required 7460 forms to NOAB for review. NOAB requires a minimum
five (5) day review period prior to submittal to FAA. FAA requires a minimum 45 day
period to review any airspace studies from the time of submission. The FAA findings and
determinations relative to the airspace studies will be provided to the successful proposer,
who shall be required to enforce and require compliance with the FAA findings and
determination.
15. Landscaping
The design of the Hotel landscaping shall comply with the City of Kenner code requirements and
the North Terminal Project plant palette as found in Supporting Documents.
16. Supporting Documents
The following Supporting Documents are available for download at www.cityblueprint.com and
its Project Planroom along with full bid documents titled RFP for Hotel at Louis Armstrong
New Orleans International Airport:
G1 - Geotechnical Report

G2 - Test Pile Program Results


G3 - Landscape Plan and Plant Palette
G4 - Materials Palette
G5 - Site Roadway and Grading Plans
G6 - Garage Construction Documents
G7 - Utility Plans and Exhibits
G8 - North Terminal Construction Schedule
G9 - North Terminal Construction Work Plan
G10 - Final Environmental Assessment
G11 - Final Supplemental Environmental Assessment
G12 - Proposed Airport Renderings

ATTACHMENT H
OFFICE OF INSPECTOR GENERAL

Office of Inspector General (OIG). The New Orleans Office of the Inspector General (OIG)
reviews all solicitations and proposals issued by the Airport. The OIG will be actively
monitoring all aspects of the design, construction, and operation of the Airport Services.
The Office of Inspector General, Construction Fraud Division (OIGCFD) provides full time
program oversight to prevent and detect fraud, waste and abuse, and to promote efficiency and
effectiveness leading to the realization of the New Orleans Aviation Board (NOAB) Long Term
Strategic Infrastructure Plan or North Airport Terminal. These services include the development
and implementation of a full fraud detection and prevention program related to NOAB
implementation of the Strategic Plan.
The OIG maintains permanent offices on site for 3 professional CFD representatives housed at
the New Orleans Airport. These officers include:
Assistant Inspector General Construction Fraud Division
Deputy Assistant Inspector General Construction Fraud Division
Program Officer Construction Fraud Division
Proposers may contact the Office of Inspector General at any time before, during, and
after the solicitation process. Any questions or concerns regarding the function of the
Construction Fraud Division should be brought to the attention of Peter Smith, Assistant
Inspector General for Construction Fraud @ 5043017553 or psmith@nolaoig.org.
For more information regarding the Construction Fraud Division please visit the Office of
Inspector General website: http://www.nolaoig.org.

ATTACHMENT I
TARGETED AND DISADVANTAGED TARGETED WORKER PROGRAM FORMS

The City of New Orleans established the Hire NOLA program to link quality employment opportunities
created by City construction contracts and economic development projects with Local Workers. This program
establishes a First Source requirement and Good Faith Effort Participation Goals on certain projects.
Contractors and their Subcontractors shall commit to the utilization of the First Source system and making
Good Faith Efforts to achieve aforementioned local participation goals.

FORM Hire NOLA 1


GF FORM
Use this form to attest to Hire NOLA First Source and Good Faith Effort goal adherence. Contact the Office of Workforce
Development at 504-658-4500 if you require assistance with completing this or any other Hire NOLA form.

Project Name:
Contractor:

Targeted and Disadvantaged


Targeted Worker Program

Bidder Attestation and OWD GF


FORM - 1

Hire NOLA Policy


The City of New Orleans established the Targeted and Disadvantaged Targeted Worker Program to link quality
employment opportunities created by City contracts and economic development projects with Local Workers.
This program establishes a First Source requirement and Good Faith Effort Participation Goals.
Contractors and their Subcontractors, if applicable, shall commit to making Good Faith Efforts to achieve
aforementioned local participation goals.
Bidders Attestation:
My signature certifies that I understand the Targeted and Disadvantaged Targeted Worker Program. I further
certify and agree that if awarded the contract, as the Contractor I will demonstrate Good Faith Effort to meet the
stated Participation Goals. I understand my Good Faith Effort shall include but not be limited to the following:
1.
2.
3.

4.
5.
6.
7.

Utilize OWDs Craft Employee Request Form to inform OWD of any potential vacancies.
Contact qualified individuals from the First Source database, as provided by OWD, for filling potential
vacancies.
Solicit in the official journal of the City, or any other local publication, and advertise as provided below,
any potential vacancies for local workforce candidates if First Source individuals are ultimately not
qualified or available.
Advertise vacancies at local Union/Hiring Halls of registered apprenticeship programs, if applicable.
Advertise vacancies at the job site.
Conduct meeting(s) with potential managers and subcontractors to educate said individuals regarding the
Targeted and Disadvantaged Targeted Worker Program goals provided herein.
Utilize registered apprenticeship programs at a 1 apprentice to 3 journeyman ratio, if applicable and
available.

X
Respondent's Signature & Date

The City of New Orleans established the Targeted and Disadvantaged Targeted Worker Program to link
quality employment opportunities created by City contracts and economic development projects with Local
Workers. This program establishes a First Source requirement and Good Faith Effort Participation
Goals.. Contractors and their Subcontractors shall commit to the utilization of the First Source system and
making Good Faith Efforts to achieve aforementioned local participation goals.

FORM Hire NOLA 2


MANPOWER UTILIZATION SCHEDULE
Use this form/template to provide manpower utilization projections for each craft throughout the life of the relevant
project. Contact the Office of Workforce Development at 504-658-4500 if you require assistance with completing this or
any other Hire NOLA form.

Project Name:
Contractor:
Authorized Representative:

Hire NOLA
Manpower Utilization Schedule By Craft
FORM - 2
Month

Man Count

Man Hours

Craft Type

# of Craft
Workers

Craft Type

#of Craft
Workers

Craft Type

# of Craft
Workers

Craft Type

# of Craft
Workers

The City of New Orleans established the Targeted and Disadvantaged Targeted Worker Program to link
quality employment opportunities created by City contracts and economic development projects with Local
Workers. This program establishes a First Source requirement and Good Faith Effort Participation
Goals.. Contractors and their Subcontractors shall commit to the utilization of the First Source system and
making Good Faith Efforts to achieve aforementioned local participation goals.

FORM Hire NOLA 3


LOCAL HIRE PLAN
Use this form/template to provide a detailed plan of how you intend to meet the local participation goals and project the
number of new hires required for each craft utilized. Contact the Office of Workforce Development at 504-658-4500 if
you require assistance with completing this or any other Hire NOLA form.

Project Name
Contractor:
Authorized Representative:

Hire NOLA
Local - Hire Plan
FORM 3

Please fill out the tables below based on the information provided in the submitted with the Manpower Utilization Schedule.

Contractor

Trade

Anticipated #
of Work Hours
Completed by
Core
Employees

Anticipated #
of Core
Employees on
Project

Anticipated #
of Work
Hours
Completed by
New Hires

Anticipated #
of New Hires
Required

Anticipated # of
Apprentices
Required