Common use of Affirmative Statement of Accuracy Clause in Contracts

Affirmative Statement of Accuracy. The undersigned represent and warrant to the Airport Commission as follows: (a) the undersigned person(s) are authorized representatives of Proposer; (b) the person(s) signing below is authorized by Proposer to obligate the Proposer to perform the commitments contained in the Proposal; (c) all information submitted by Proposer in the Proposal is complete, accurate, and truthful; and (d) submission of this Proposal constitutes a representation by the Proposer that it is willing and able to perform the commitments contained in this Proposal. (Note: If Proposer is a joint venture or general partnership, all joint venturers or general partners must sign; if Proposer is a corporation, at least Proposer’s President and Secretary must sign; if Proposer is a limited liability company, at least Proposer’s manager or managing member must sign.) This document is legally effective, valid, and enforceable despite the fact that it or signatures on it may be in electronic form or that it may have been created, transmitted, stored, or otherwise handled or formed, in whole or in part, by electronic means. Title Printed Name: Title Printed Name: Title: Printed Name: Date: 1) The undersigned are authorized representatives of Proposer. 2) The undersigned has reviewed the applicable City ordinances and other governmental requirements applicable to this Concession Opportunity (“Governmental Requirements”), including those described in this RFP and the Lease. 3) Proposer is ready, willing, and able to comply with all Governmental Requirements. This document is legally effective, valid, and enforceable despite the fact that it or signatures on it may be in electronic form or that it may have been created, transmitted, stored, or otherwise handled or formed, in whole or in part, by electronic means. Title Printed Name: Title Printed Name: Title: Printed Name: Date: Submittal C will consist of the Proposer’s response to the Evaluation Criteria below. A thorough discussion/demonstration of all points below must be included in the Proposal with the exception of the Financial Pro Forma and the Minimum Annual Guarantee Offer (if applicable), which will be submitted using a separate submittal form. Proposals will be evaluated on the criteria below and scored according to the point scale shown. 1 Proposed Concept 30  Overall appeal of proposed concept to passengers (5 points) points  Concept reflective of San Francisco (5 points)  Conformance with concept sought in RFP (5 points)  Ability to maximize sales, revenue and customer satisfaction (5 points)  Complement to overall concessions program in and around the Premises (5 points)  Proposed merchandise/menu/services list and prices (5 points) 2 Business Plan – Financial Pro Forma (Submittal D) 10  5 Year Financial Pro Forma showing projected sales, revenue to the Airport, points expenses, and net income. Proposers are to use the format shown on Submittal D. The Financial Pro Forma should demonstrate an understanding of the proposed Lease and will be considered for its reasonableness and viability of proposed operation and financial offer, and the ability to fund continuing operations from the cash flow generated by the operation. If multiple locations are included in the proposed Lease, a Financial Pro Forma must be included for each individual location and a Summary Financial Pro Forma must be included which totals all the individual locations.