airport marketing and advertising consulting services · airport marketing and advertising...

___________________________________________________

REQUEST FOR PROPOSALS

for

Airport Marketing and Advertising Consulting Services for

Horry County Department of Airports

RFP# 2017-18-722

Proposals Due: 2:00 PM Local Time, July 25, 2018

Prepared by:


1100 Jetport Road, Myrtle Beach, SC 29577

and

Horry County Procurement Office

3230 Hwy 319 East, Conway, SC 29526

Requests for information regarding this Request For Proposals should be directed to the Office of Procurement.

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Table of Contents Advertisement ..................................................................................................................................... 3

I. Instructions to Proposers ................................................................................................... 4

II. Objective & Scope of Services ............................................................................................ 9

III. RFP Response Requirements ........................................................................................... 12 Required Forms

Proposal Certification & Acknowledgement of Addenda Form .............................................................. 15 References .............................................................................................................................................. 16 Non-Collusion Affidavit ........................................................................................................................... 17

Attachments

Attachment 1 – Professional Services Contract ...................................................................................... 18

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Advertisement

COUNTY OF HORRY

Horry County, South Carolina, is requesting for its DEPARTMENT OF AIRPORTS (HCDA) proposals to enter into a professional services agreement for the Marketing and Advertising Consulting Services for Myrtle Beach International Airport (MYR), Grand Strand Airport (CRE), Conway-Horry County Airport and Loris-Twin Cities Airport (5J9). Proposals shall be submitted no later than 2:00 PM local time, July 25, 2018 in the Office of Procurement at address stated below. Only the names of the Proposers will be announced. Any proposals received later than the 2:00 PM deadline will be considered "LATE" and will not be accepted. No facsimiles, emails or telephone submissions will be accepted. Proposals shall be enclosed in a sealed envelope, clearly marked “RFP #2017-18-722 Airport Marketing & Advertising Services for HCDA” on the outside of the envelope and be delivered or mailed to: Horry County Office of Procurement, 3230 Hwy 319 EAST, Conway, South Carolina 29526-5425. The solicitation (RFP) document and associated addenda can be accessed from the County’s website by visiting http://www.horrycounty.org/Departments/Procurement/Bids.aspx. Contact information for this Project: Ms. Amy Norris via [email protected] or 843.915.5380. The Horry County Department of Airports, 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. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Horry County Department of Airports to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

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I. INSTRUCTIONS TO PROPOSERS

A. GENERAL Sealed proposals shall be enclosed and secured in an envelope/package and properly marked and

displayed on outside of envelope/package bearing the name and address of Proposer, solicitation name and solicitation number. No other information shall be included or written on the outside of the proposal envelope/package. Horry County shall not be responsible for unidentified proposals. Proposals either hand-delivered or mailed should be addressed to: Director of Procurement, Horry County Office of Procurement, 3230 Hwy 319 EAST, Conway, South Carolina 29526-5425.

Proposals shall be submitted no later than 2:00 PM local time, July 25, 2018 in the Office of Procurement at address stated above. Only the names of the Proposers will be announced. No facsimiles, emails or telephone proposals will be accepted. Any proposal received later than the 2:00 PM deadline will be considered a “LATE” and will not be accepted.

B. EXAMINATION OF RFP DOCUMENT

Prior to submitting a proposal, each Proposer shall carefully examine the RFP documents and thoroughly familiarize themselves with the submittal and project requirements thereof, and notify Owner of all conflicts, errors, or discrepancies. The Proposer shall certify their proposal correctly by completing the required Proposer Certification Form. All proposals shall be entered in ink or typewritten. Proposals may be rejected if any omissions, alteration of form, additions not called for, or any irregularities of any kind are shown. The proposal shall remain firm for not less than sixty (60) calendar days from the due date. The Proposer’s name and solicitation number shall be included when specifications or descriptive papers are submitted with proposal. By submission of a proposal, the Proposer guarantees that all services offered meet the requirements of the solicitation.

C. QUESTIONS

Submit written questions to [email protected], Attention: Director of Procurement, not later than 2:00 PM, Local Time, July 13, 2018. Place careful attention to ensure that “RFP 2017-18-722 “Marketing & Advertising Services for HCDA” is included in the subject line of the email message.

D. ADDENDUM

If it becomes necessary to revise any part of this RFP, an addendum will be provided in writing and posted to the Horry County website. All addenda issued by Horry County must be acknowledged in writing by the Proposer. Verbal information obtained otherwise will not be considered in the awarding of the proposal. It shall be the Proposer’s responsibility to ensure that s/he has all addenda by visiting the Horry County Procurement website: http://www.horrycounty.org/departments/ procurement/bids.aspx

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E. TAXES When applicable, Horry County pays seven percent (8%) sales tax; the sales tax rate for the City of Myrtle Beach is eight percent (9%). Myrtle Beach International Airport (MYR) is within the City of Myrtle Beach city limits.

F. LICENSES

All Proposers must be properly licensed to do business in the State of South Carolina and must comply with the Code of Laws of South Carolina when applicable. Your company does not need to be based in South Carolina; however, Proposers are required to submit evidence of all professional licenses required to complete the work as part of the RFP submittal. Failure to comply may be automatic grounds for rejecting the submittal as non-responsive. A City of Myrtle Beach business license will be required after the execution of the contract and a copy must be submitted prior to submission of the first invoice for payment.

G. MISCELLANEOUS PROVISIONS

This Request for Proposals will be conducted in accordance with Horry County Procurement Code and Regulation (this ordinance can be found in its entirety on the County’s web site: http://www.horrycounty.org/portals /0/docs/procurement/CodeandReg.pdf ). Horry County reserves the right to reject any or all proposals and further reserves the right to waive technicalities and formalities in proposals as well as to accept in whole or in part such proposal or proposals where it deems it advisable in protection of the best interest of the County. The County shall be the sole judge as to whether proposals submitted meet all requirements contained in this procurement. This procurement does not commit the County of Horry to award a contract, to pay any costs incurred in the preparation of the submitted proposal, or to procure or contract for goods of services listed herein. Costs associated with proposal preparation, oral interviews or presentations shall be the sole responsibility of the Proposer. Horry County hereby notifies all those responding to this RFP that, in accordance with the provisions of the Civil Rights Act of 1964 (Chapter 21, Title 42, of the U.S. Code) and Regulations promulgated in connection therewith, that it will affirmatively ensure that any contract entered into pursuant to this RFP, disadvantaged business enterprises will be afforded full and fair opportunity to make submittals 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.

H. CONTRACT AWARD

This RFP is anticipated to result in one (1) award. Only those interested parties who respond to the RFP may be considered for contract award. Due to the nature of airport marketing, if the successful proposer is currently performing similar consulting services for any airport that is in direct competition with Myrtle Beach International Airport (MYR), the successful proposer must disclose the relationship.

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The County reserves the right to reject any proposal based upon a conflict of interest as determined by the County. Whether or not discussions or negotiations are held, a contract award will be made to the Proposer whose proposal is deemed most advantageous to the County, considering all evaluations factors listed herein. Horry County shall be the sole judge of this determination. A Notice of Intent to Award or Notice of Award will be emailed to all proposers who respond to this RFP. The Evaluation Team will determine the most advantageous proposal based upon the evaluation criteria and recommend the selected Proposer. The County may request additional information, including best and final offer, from one or more interested parties after the submission of the initial proposals in order to clarify, confirm, or properly evaluate any proposals. The County also reserves the right to negotiate terms of the contract with the intended firm pursuant to the County's Procurement Regulation that may be viewed in its entirety by visiting http://www.horrycounty.org/portals/0/docs/procurement/CodeandReg.pdf If awarded, selected firm will be required to sign a Professional Services Agreement (reference Attachment 1). A copy of the firm's proposal may be incorporated by reference to the Agreement; however, in the event of any ambiguity, the County's agreement and Procurement Code and Regulation will prevail. The County reserves the right to accept or reject any or all proposals received as a result of this RFP, or to negotiate separately with competing proposers, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal which in the judgment of the proper officials, is in the best interest of the County.

I. TERM OF AGREEMENT

The term of this Agreement shall be for an initial two (2) years with three (3) one-year renewal options. Renewal options must be agreed upon mutually between the County and the successful Proposer.

J. GRIEVANCE

Any actual or prospective submitter who is aggrieved in connection with this procurement or award of a contract may protest to the County Administrator. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should have known of the facts giving rise thereto provided that grievance has been made in accordance with solicitation requirements. Please reference Subchapter 15-3-Bid Protests of the Horry County Code & Regulation by visiting: http://www.horrycounty.org/departments/procurement.aspx.

K. FREEDOM OF INFORMATION STATEMENT

Procurement information shall be a public record to the extent required by Chapter 4 of Title 30, Code of Laws of South Carolina (1976, as amended) (The Freedom of Information Act), with the exception that commercial or financial information obtained in response to a “Request for Qualifications” which is privileged and confidential if so designated by the proposer shall be protected from disclosure. Such information must be clearly marked as “CONFIDENTIAL” by those submitting responses for each

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section of information so affected. Privileged and confidential information is information in specific detail not customarily released to the general public, the release of which might cause harm to the competitive position of the party supplying the information.

L. INSURANCE REQUIREMENTS

The successful Submitter shall provide proof of all required insurance(s), including worker’s compensation, automobile, liability and general liability. Worker’s compensation shall include a minimum limit of $100,000 per accident and commercial general liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for premises/operations, products/completed operations, contractual liability, independent contractors, and vehicles, used in premises/operations. Professional Liability insurance shall be provided with minimum liability limits of $1,000,000 per occurrence (in addition to Commercial General Liability insurance) by professional services such as accountant, attorney, architect, design, engineering and most consultants that involve errors and omissions exposure protection. A combination of Umbrella/Excess and primary limit may be used to provide for the commercial general liability amounts required. Horry County shall be named as an additional insured on all liability policies and expressed on the Certificate of Liability Insurance. Insurance shall indemnify the County against any and all claims arising under or as a result of the performance of the contract. The County of Horry shall be named as an additional insured on all liability policies. The County must also be provided with thirty (30) days’ notice prior to cancellation, modification or reduction in limits of any stipulated insurance. It is the responsibility of the vendor/contractor to ensure that all subcontractors comply with all insurance requirements of this solicitation and the resulting contract.

M. INDEPENDENT CONTRACTOR STATUS

The selected proposer shall not, by entering into an Agreement, become a servant, agent, or employee of Horry County, but shall remain at all times an independent contractor to the County. The Agreement shall not be deemed to create any joint venture, partnership, or common enterprise between the vending contractor and Horry County, and the rights and obligations of the parties shall not be other than as expressly set forth.

N. LEGAL STATEMENT Reference below in Section III. RFP Response Requirements, 6. Legal Statement.

O. LAWS

For compliance with EEOC and other State and Federal Laws, as well as additional required provisions for the agreement, please reference Exhibit A in Attachment 1, Sample Professional Services Agreement.

P. TITLE VI SOLICITATION NOTICE

The Horry County Department of Airports, 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

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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. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Horry County Department of Airports to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

Submit one (1) original and one (1) electronic copy in Adobe PDF format on a USB storage drive.

*** End of Instructions to Proposers ***

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II. OBJECTIVE AND SCOPE OF SERVICES

A. BACKGROUND INFORMATION

Myrtle Beach, SC and the entire Grand Strand is one of the top vacation destinations in the United States, attracting 18.6M visitors in 2017. The destination is known as an affordable, family friendly destination with an abundance of golf, 60-miles of beaches, entertainment and more; the market’s dominant industry is tourism. In addition to being a vacation hub, the Myrtle Beach-Conway, SC-NC Combined Statistical Area (CSA) is the second fastest market in the United States. The airport serving the region is the Myrtle Beach International Airport (MYR). Until recently, MYR was a “hyper-seasonal” summer airport, with limited service offerings in winter, spring and fall. While summer generates a large percentage of overall passenger traffic, the airport has experienced tremendous growth in the secondary and tertiary seasons; spring 2018 seat capacity is up 70-percent over 2012, fall is up 89% while winter was up 27%. Since 2012 the airport’s air service offerings have increased tremendously. The airport is experiencing record setting growth, in 2018 it has service on ten airlines, 48-nonstop markets served and over 3.37M total scheduled seats. The airport has more airlines with more nonstop markets served in the region and the State of South Carolina than any other.

B. OBJECTIVE HCDA seeks a qualified company with expertise and demonstrated experience in planning and developing proactive/responsive marketing and promotional strategies/tactics that target travel-consumers as well as the general public. Familiarity with best practices in airport marketing and advertising, giving detail to the ability to serve as a consultant and assist in the development of a comprehensive marketing strategy and plan, ensuring the airport reaches its full potential as a domestic and international gateway is desired. The successful proposer will consult with the MYR Director of Air Services and Business Development regarding robust marketing and advertising primarily for the Myrtle Beach International Airport (MYR), but will also include services for the Myrtle Beach General Aviation Airport (MYR), Grand Strand Airport (CRE), Conway-Horry County Airport and Lori Twin-Cities Airport (5J9) on an on-call basis.

C. SCOPE OF WORK

The selected firm must have at minimum five (5) years professional expertise and demonstrated experience in advertising, marketing, promotion, market research, website design and management, strategy development, creative design and direction, focus group research, guerilla marketing, e-mail campaign development and experience developing and placing creative advertising content for print, broadcast, electronic, outdoor and/or social media in aviation, travel and tourism and/or transportation industry. The HCDA currently uses limited platforms (flymyrtlbeach.com website, social media, public speaking engagements and earned media) for marketing and advertising services to the local audience. The

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expectation is for the successful proposer to assist in enhancing these platforms to reach a more extensive market area. 1. SPECIFIED TASKS AFTER CONTRACT AWARD:

i. WEBSITE - The selected firm will develop a new MYR website, www.flymyrtlebeach.com, that will focus will on optimizing the passenger experience while marketing the airport’s air service offerings. The website must be user-friendly, simplistic, interactive and dynamic at the same time as it is providing the audience with useful real-time information. Real-time information includes, but is not limited to, Transportation Security Administration (TSA) checkpoint queue wait times, parking lot occupancy levels, and arrival/departure information. The selected firm will have access to MYR Google Analytics and other resources, to be used to assist in developing a user friendly site. NOTE: Website will not have footer link with Proposer’s name. All proprietary data remains the sole property of HCDA.

ii. MARKETING & ADVERTISING STRATEGY - The selected firm will develop and implement

a marketing and advertising strategy, using data analytics to ensure that target audiences are reached effectively in a cost-efficient manner. The initiatives must have outcomes that are measureable and quantifiable. The objective is to educate the airport’s primary and secondary catchment-area audience about MYR’s air-service offering, ultimately increasing passenger-counts for persons originating their travel from MYR.

iii. ON-CALL - As-needed creative advertising, marketing, and promotional services including

but not limited to the following:

a. Design/produce content, write copy, create editorial concepts, extend advertising slogans or themes, create specialty items and promotional campaigns, illustrations, original artwork and publications.

b. Develop custom video production for promotional presentations and in-terminal programs.

c. Management of a variety of public image and communication related projects. d. Assist with special event programs hosted by HCDA; including but not limited to

coordination of sponsorships and event planning and implementation. e. Graphic design f. Social Media g. Public Relations h. Additional services as may be necessary and requested.

The contents of the submission of the successful proposer may become part of the contractual agreement if a contract ensues. All designed creative elements will become the property of HCDA at the completion of each task of the project and shall be supplied to HCDA in an agreed upon format. Failure of a successful proposer to accept these obligations may result in non-award.

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D. EVALUATION PROCESS

All properly submitted Proposals will be reviewed and evaluated by the Evaluation Team. By submitting a Proposal in response to this RFP, Proposer accepts the evaluation process and acknowledges the determination as judged by the Evaluation Team of which Proposer will be recommended for selection. Further, the Owner may elect to reject all Proposals and/or elect not to select any.

Step 1 – Proposal Submission - This RFP is the first step in the process for selecting a Firm. This RFP provides the information necessary to prepare and submit proposals for consideration by the County. Step 2 – Notice of Award – Proposals will be evaluated by an Evaluation Team using the Evaluation Criteria and weights listed herein. The Evaluation Team will evaluate/score the proposals based upon each Proposer’s stated qualifications, reference checks, and due diligence reviews. Interviews with Proposers may be conducted at the County’s sole discretion and the County reserves the right to make a selection based solely on the proposals received. The Evaluation Team will rank the qualified Firms in order of highest to lowest and the County will notify all firms that submitted of the award to the highest ranked firm. Step 3 – Professional Services Agreement Executed – County will issue a Professional Services Agreement. Sample attached.

E. EVALUATION CRITERIA

The following criteria will be used by the RFP Evaluation Team during the evaluation and selection process:

Criteria Weight

1. Experience 30 Points

2. Fee 25 Points

3. Key Personnel 20 Points

4. Proposed Schedule / Timeline 15 Points

5. References 10 Points

The above listed criteria will be used during the evaluation and selection process to assess information contained in each submitted proposal.

Each Firm will be ranked according to the evaluation criteria. The Evaluation Team will recommend the highest ranked firm for award.

*** End of Objective and Scope of Services***

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III. RFP RESPONSE REQUIREMENTS Submittals shall contain no more than twenty (20) one-sided pages (minimum 11 pt. font) of material, formatted and tabbed in the same order as the outline that follows. Covers, title pages, table of contents, dividers, individual resumes of key personnel, and required forms will not be counted against the page count limit. Specialized graphics may be included on larger, fold-out style sheets, not to exceed a maximum of 11 x 17 inches. Voluminous submittals are not desired. Horry County will not reimburse for costs associated with development of proposals, interviews or presentations. A copy of the successful Proposers’ Proposal will be incorporated by reference into the Agreement; however, in the event of any ambiguity with any attachments, the County's contract and Horry County Procurement Regulation will prevail. Proposals must be submitted containing the following information, in the following order:

1. Proposal Certification and Acknowledgement of Addenda Form – REQUIRED FORM

Completed form is required as part of sealed submitted proposal.

2. Experience Explain your firm’s experience, including freelancers/subcontractors, with Section II. Objective & Scope of Services, C. Scope of Work, 1. Specified Tasks After Contract Award, items i, ii, iii. Provide the following at a minimum:

A) Narrative of Proposer’s skills, abilities, and knowledge relating to the delivery of the proposed

services, and knowledge of community development practices and local activities.

B) A narrative as to the firms understanding of necessary requirements (e.g. FAA compliance; noise; etc.) that must/should be included on airport websites.

C) Provide relevant information about the qualifications and capabilities of the firm (and partners) to perform the creative advertising services as outlined in this RFP. List recent experience in aviation or similar transportation or travel or tourism issues. Include any experience with HCDA and other airports.

D) Minimum of three (3) website URL’s where firm developed and manages site content for clients, not including HCDA.

E) At minimum of four (4) examples of varied creatives from different media. These may

include display ads, billboards, brochures, rack cards, postcards, or other creatives designed for clients other than HCDA (these examples are non-returnable unless applicant provides for their return).

F) Provide written confirmation of Proposer’s current airport contracts.

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G) Provide written confirmation of understanding that Proposer will not enter into a contract with competing airports in North and South Carolina while under contract with Horry County.

3. Fee Provide a fee for the following as listed below. If Proposer cannot provide the specific service requested, Proposer must indicate this in the response and have the option of proposing an alternate service. Budget for items #1 & #2 below are not to exceed $60,000 for the first fiscal year, July 1, 2018 through June 30, 2019. 1. Website

a. Detailed list of line items with fees per HCDA’s fiscal year*. Include at a minimum: brand new website, subscription services, maintenance, support, hosting, and “ad buys”. Exclude potential subscription services for the website’s real-time data.

b. Not-To-Exceed Fee for all line Items per HCDA’s fiscal year*

2. Marketing & Advertising Strategy a. Detailed list of line items with fees b. Not-To-Exceed Fee for all line items

3. On-Call

a. Hourly rates for Proposer, including subcontractors. (Explain if/how hourly rates are adjusted annually.)

*HCDA’s fiscal year is July 1 – June 30.

4. Key Personnel

A) Provide an Organizational Diagram of the Proposer, including all subcontractors. Include the

names, titles, roles, responsibilities and qualifications.

B) Provide resumes (not to exceed two (2) pages per person) for each individual, that include but are not limited to the following information:

i. Information on the individual’s particular skills related to this project

ii. Education iii. Experience (both with this Proposer and others) iv. Significant accomplishments v. Any other pertinent information.

C) Provide the amount of time each person will be assigned to II. Objective & Scope of Services,

C. Scope of Work, Specified Tasks After Contract Award, Nos. 1 and 2.

If a change is required between submission and award, the firm must notify HCDA of the proposed replacement and must receive prior written approval from HCDA.

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5. Proposed Schedule / Timeline

Proposed Schedule / Timeline to implement Section II. Objective & Scope of Services, C. Scope of Work, Specified Tasks After Contract Award, Nos. 1 and 2.

6. Legal Statement

Disclose any litigation within the last five (5) years in which a claim has been made against any team member (individual or company) asserting a cause of action other than Employment issues or Contracts not related to your professional work. Explain the issues in these cases (or the fact there are none) as part of your submittal.

7. References – REQUIRED FORM

List a minimum of three (3) current travel industry related references of individuals who can attest to the Proposer’s experience. Include address, name of contact person, telephone number, email address and description of project(s).

8. Non-Collusion Affidavit – REQUIRED FORM Completed form is required as part of sealed submitted proposal.

*** End of RFP Response Requirements ***

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REQUIRED FORM PROPOSAL CERTIFICATION & ACKNOWLEDGEMENT OF ADDENDA FORM

RFP# 2017-18-722

In compliance with the Request for Proposals and subject to all conditions thereof, the undersigned certifies that all information contained in this submitted proposal is accurate and true and that any misrepresentation herein is grounds for non-consideration, or dismissal in the event of selection or contract award by Horry County.

DATE AUTHORIZED SIGNATURE PRINT OR TYPE NAME ABOVE COMPANY NAME COMPANY ADDRESS CITY, STATE, ZIP+4 COMPANY TELEPHONE NUMBER COMPANY FAX NUMBER CONTACT EMAIL ADDRESS FEDERAL EMPLOYER IDENTIFICATION NO. DUNS NO. (if applicable)

Proposer hereby acknowledges receipt of all Addenda through and including:

Addendum No. ______, dated __________; Addendum No. ______, dated __________ Addendum No. ______, dated __________; Addendum No. ______, dated __________

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REQUIRED FORM REFERENCES

List a minimum of three (3) references of individuals who can attest to the Proposer’s experience. Include address, name of contact person, telephone number and email address. 1. Entity __________________________________________

Contact __________________________________________

Telephone __________________________________________

Email Address __________________________________________

Address __________________________________________

2. Entity __________________________________________

Contact __________________________________________

Telephone __________________________________________

Email Address __________________________________________

Address __________________________________________

3. Entity __________________________________________

Contact __________________________________________

Telephone __________________________________________

Email Address __________________________________________

Address __________________________________________

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REQUIRED FORM NON-COLLUSION AFFIDAVIT FORM

STATE OF ___________________________________) COUNTY OF _________________________________) __________________________________________________________________ being first duly sworn, deposes and says that he/she is __________________________________________________________________

(Sole owner, a partner, president, secretary, etc.) of ________________________________________________________________

the party making the foregoing proposal that such proposal is genuine and not collusive or sham; that said PROPOSER has not colluded, conspired, connived, or agreed, directly or indirectly with any PROPOSER or person, to put in a sham proposal, or that such other person shall refrain from proposing and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person to fix the proposal of affiant or any other PROPOSER or to fix any overhead, profit or cost element of said Proposal or of that of any other PROPOSER or to secure any advantage against OWNER any person interested in the proposed contracts; and that all statements in said Proposal are true; and further, that such PROPOSER has not, directly or indirectly submitted this Proposal, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof. ________________________________________

(Signature of Proposer) Sworn to and subscribed before me this ____________ day of ______________________, 20____. __________________________________________ State: _____________ County: _________________

(Notary Public in and for) My commission expires ______________________________, 20____.

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Horry County Department of Airports RFQ # 2017-18-009

Attachment 1

SAMPLE PROFESSIONAL SERVICES AGREEMENT

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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

HORRY COUNTY AND

COMPANY NAME Street Address

City, State Zip Code Phone: Email:

Attn: Contact Name

CONTENTS

Contract for Professional Services

Exhibit A Mandatory FAA Contract Provisions for Non-AIP Funded Contracts

Exhibit B Scope of Services

Exhibit C Term & Cost of Services

Exhibit D Sample Work Authorization Form

Exhibit E Certificate of Liability Insurance (to be added by Consultant)

Exhibit F W-9 (to be added by Consultant)

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PROFESSIONAL SERVICES CONTRACT No.

This Contract for Professional Services (“Contract”), with an effective date of

, is hereby entered into between HORRY COUNTY, a political subdivision of the

State of South Carolina, whose Administrative Office is at 1301 Second Avenue, Conway, SC

29526 (“County”); and (“Provider”), a corporation organized and

existing under the laws of the State of and authorized to conduct business in

the County of Horry and in the State of South Carolina.

1. GENERAL TERMS OF CONTRACT

1.1. Headings: Headings to paragraphs in this Contract shall not interpret or alter the

meaning of the words in the respective paragraph, nor any other provision of this Contract.

1.2. Time of Performance: The timely performance by Provider of the services

described in this Contract is of the essence, and shall commence on the Effective Date,

and as may be more specifically provided in any subsequently issued Work Authorization

(said Authorizations shall be substantially in the form of Exhibit “D” which is attached

hereto and incorporated herein), and any modifications or addenda issued to either this

Contract or such subsequent Authorizations. Failure to perform timely, except for cause

occasioned by Act of God, shall permit County to declare this Contract voided and of no

further effect.

1.3. Arbitration: This contract is not subject to arbitration.

1.4. Dispute Resolution: If the parties hereto cannot settle any difference arising between

them without litigation, any such litigation shall take place in the South Carolina Circuit

Court in Conway, South Carolina.

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1.5. Merger, Amendment, and Waiver: This Contract contains all the terms of all

agreements, oral or written, between the parties, and is the only document containing all

such terms. This Contract merges all prior contracts, agreements, and understandings

between County and Provider concerning the scope of work described herein. The Scope

of Services described in this Contract, and all other terms of this Contract, shall not be

amended or varied except by a written instrument signed by a duly authorized signatory

of County and Provider. Forbearance by County from enforcing the strict terms of this

Contract shall not be a waiver of any other term of this Contract, nor shall such forbearance

entitle Provider to rely upon such forbearance in the event of another similar breach by

Provider of the terms of this Contract. Any variance to the terms of this Contract shall be

attached as an Exhibit hereto, and shall have effect as from the effective date thereof as

set forth on such Exhibit.

1.6. Compliance with EEOC and other State and Federal Laws: To the extent set forth in

the respective statutes, Provider shall comply with the provisions of:

1.6.1. Title VII of the Civil Rights Act of 1964;

1.6.2. Age Discrimination in Employment Act of 1967;

1.6.3. Title I of the Americans with Disabilities Act of 1990;

1.6.4. Equal Pay Act of 1963;

1.6.5. Fair Labor Standards Act of 1938;

1.6.6. Immigration Reform and Control Act of 1986;

1.6.7. South Carolina Payment of Wages Act, S.C. Code §§ 41-10-10 et seq.;

1.6.8 South Carolina Worker’s Compensation Act, S.C. Code §§ 42-1-10 et seq.;

1.6.9 South Carolina Illegal Immigration Reform Act, including without

limitation Chapters 14&29, Title 8, and Chapter 8, Title 41, S.C. Code of Laws;

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1.6.10 Part 681, Title 16 of the Code of Federal Regulations, Sections 114 and 315 of

the Fair and Accurate Credit Transactions Act (FACTA) of 2003; the South

Carolina Act 190 of 2008; Financial and Identity Theft Protection Act; and the

Horry County Privacy / Identity Theft Policy.

Provider shall also comply with Exhibit A, Mandatory FAA Contract Provisions, and all

applicable Federal, State, and Local laws not specified herein which may be applicable to

any aspect of its activities under this Contract.

1.7. By entering into this Contract, Provider affirmatively warrants that Provider is currently

in compliance with such laws, and further warrants that during the term of this Contract,

Provider shall remain in compliance therewith.

2. SCOPE OF SERVICES:

2.1. Provider shall perform those tasks set forth in Exhibit “B”, attached hereto and

incorporated herein by reference. The anticipated scope of work shall be considered the

minimum service to be provided under this Contract. If any term contained in Exhibit “B”

shall conflict with any of the terms of this Contract, then such term as set forth on Exhibit

“B” shall not bind County. When specifically authorized by the County, Provider shall

perform certain tasks as authorized and set forth in a Work Authorization which shall be

substantially similar in form to Exhibit “D” within the time limits set forth therein, subject

to the provisions of paragraph 1.2 and 2.2 of this Contract.

2.2. All services to be performed by Provider under this Contract shall be performed within

the term set forth on Exhibit “B”, not to exceed five (5) years.

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3. PAYMENT FOR SERVICES:

3.1. The costs of services are set forth in Exhibit “B” of this Contract. The total projected cost

of shall be a guaranteed maximum price (GMP) for the

services to be provided. Provider’s invoice to County will be on a basis of net thirty (30)

days after receipt by County of invoice.

3.2. Services not included in the Scope of Services constitute additional charges to County, at

rates and intervals to be agreed upon between County and Provider in a written

Amendment executed by both parties prior to the performance of such services.

4. WARRANTIES OF PROVIDER AND COUNTY:

4.1. County warrants that:

4.1.1. County has the lawful authority required under State law and County’s Ordinances

to enter into and perform this Contract;

4.1.2. County shall not offer employment to any employee of Provider for a period of

two (2) years after the termination, except for cause, of this Contract.

4.2. Provider warrants that Provider has:

4.2.1. All necessary licenses and consents required for Provider to enter into and fully

perform the Scope of Services set forth on Exhibit “B”, and is in good standing in the

State of South Carolina;

4.2.2. All required insurances, including Worker’s Compensation Insurance and General

Liability Insurance, to indemnify County against any and all claims arising under or

as a result of the performance of this Contract, in at least the following amounts (or

in those amounts, if specified, as set forth in County’s Invitation to Bid, Request for

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Proposals or Request for Qualifications, that formed the basis of the Scope of Services

of this Contract):

Worker’s compensation shall include a minimum limit of $100,000 per accident and comprehensive general liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for premises/operations, products/completed operations, contractual liability, errors and omissions (professional liability), independent contractors and vehicles used in premises/operations. Insurance shall indemnify County against any and all claims arising under or as a result of the performance of the contract. Professional Liability insurance shall be provided with minimum liability limits of $1,000,000 per occurrence (in addition to Commercial General Liability insurance) by professional services such as accountant, attorney, architect, design, engineering and most consultants that involve errors and omissions exposure protection. A combination of Umbrella/Excess and primary limit may be used to provide for the commercial general liability amounts required. The County shall be named as an additional insured on all liability policies. The County must be provided with notice prior to cancellation, modification or reduction in limits of any stipulated insurance.

4.2.3. No conflict of interest with any other contract with a third party that might cause a

claim to arise against County by the entry into or performance of this Contract by

Provider.

4.3. Provider warrants that Provider shall throughout the term of this Contract:

4.3.1. Perform all tasks required under the Scope of Services with a degree of skill and

care of reputable members of the same profession in South Carolina;

4.3.2. Maintain all insurances required by law or this Contract, including workers’

compensation, automobile liability, general liability, and professional malpractice

coverage in those amounts set forth herein;

4.3.3. Properly withhold from all wages, commissions, salaries, and fees paid by

Provider to third parties or employees, agents, or sub-contractors of Provider, all

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amounts required by State or Federal law to be withheld for or on account of taxes,

social security payments, or other withholdings mandated by law or regulation;

4.3.4. Ensure that any third party, employee, agent, or sub-contractor of Provider shall

comply with the terms of this Contract concerning employment discrimination,

insurances, and withholdings, so far as concerns this Contract;

4.3.5. Comply with all lawful demands made pursuant to the South Carolina Freedom of

Information Act, S.C. Code § 30-4-10 et seq. or the Federal Freedom of Information

Act, 5 U.S.C.S. § 552;

4.3.6. Make no offer of employment to any County employee for a period of two (2)

years after the termination of this Contract.

5. OWNERSHIP OF PROJECT MATTER: Unless otherwise agreed between County

and Provider, and approved by County’s attorney:

5.1. All plans, reports, surveys, and other professional work product of Provider concerning

this Contract (but not internal working files, drafts, memoranda, and equipment) shall

become the property of County during and at the completion or termination of this

Contract;

5.2. All materials supplied or loaned by County to Provider during the term of this Contract

shall remain the property of County;

5.3. All intellectual property provided to County by Provider and originating from this

Contract shall become and remain the property of County, and Provider shall not, without

the written consent and license from County, use such intellectual property for another

commercial purpose;

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5.4. County shall not become the owner, assignee, or licensee of any standard routine,

programs, development tools, techniques, interfaces, texts, or other work existing prior to

the date of this Contract that may be used by Provider in providing the services or

intellectual property subject to this Contract, except as may be specifically agreed in

writing between the parties.

6. EARLY TERMINATION OF CONTRACT: County and Provider shall have the right,

upon sixty (60) days written notice, to terminate this Contract, and thereafter County shall

have no obligation to pay for services provided to County except up to the effective date of

termination of this Contract. In the event Provider exercises its right to terminate this Contract,

Provider will not cease services for a reasonable period of time, not to exceed One-Hundred

Twenty (120) days, to allow County to procure another provider.

7. INDEPENDENT CONTRACTOR STATUS: Provider shall not, by entering into this

Contract, become a servant, agent, or employee of County, but shall remain at all times an

independent contractor to County. This Contract shall not be deemed to create any joint

venture, partnership, or common enterprise between Provider and County, and the rights and

obligations of the parties shall not be other than as expressly set forth herein.

8. NOTICES TO PARTIES: All notices to each party to this Contract, except routine

notices of performance of the Scope of Services during the Contract term, shall be in writing,

and sent as follows:

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8.1. To County:

8.1.1.

Director of Airports


1100 Jetport Road

Myrtle Beach, SC 29577

(Tel: (843) 448-1580; Fax: (843) 626-9096)

with a copy to:

Horry County Attorney

Horry County

1301 Second Avenue

Conway, SC 29526

(Tel: 843-915-5270; fax 843-915-6270)

8.2. To Provider:

8.2.1.

_________________________

_________________________

_________________________

_________________________

with a copy to:

_________________________

_________________________

_________________________

_________________________

8.3. Form of Notice: All notices required or permitted under this Contract shall be effective:

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8.3.1. On the third (3rd) business day after mailing by depositing the notice in the United

States Mail, certified mail, return receipt requested, postage prepaid, addressed as set

forth above; or on the day of receipt of such notice (whether by mail, courier, hand

delivery, or otherwise), whichever is the earlier date of receipt; or

8.3.2. On the first day after receipt of a facsimile transmission of the written notice, with

delivery confirmed, provided that such notice is also thereafter sent by first class mail

as set forth above.

9. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: The Provider will

indemnify and hold harmless the County and its agents and employees from and against all

claims, damages, losses and expenses, including attorney's fees arising out of or resulting from

the performance of the Work provided that any such claims, damage, loss, or expense is

attributable to bodily injury, sickness, disease or death, injury to or destruction of tangible

property, including the loss of use resulting therefrom, and is caused by any negligent or willful

act or omission of the Provider, and anyone directly or indirectly employed by it or anyone

for whose acts any of them may be liable. In any and all claims against the County or any of

their agents or employees by an employee of the Provider, and anyone directly or indirectly

employed by any of them, or anyone for whose acts any of them may be liable, the

indemnification obligation shall not be limited in any way to the amount or type of damages,

compensation or benefits payable by or for the Provider under the workman's compensation

acts, disability benefit acts, or other employee benefit acts. The obligation of the Provider

under this paragraph shall not extend to the liability of the County or its agents or employees

arising out of reports, surveys, change orders, designs, or specifications that are un-attributable

to the Provider.

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10. ASSIGNMENT: Provider shall not assign, permit the assumption of or in any manner

transfer any interest in this Contract, or any part thereof, without the prior written consent of

the Lessor. If Provider assigns, permits the assumption of or in any manner attempts a transfer

of its interest in this Contract, County, in its sole discretion, may declare this entire Contract

null and void.

IN WITNESS WHEREOF, the parties have executed this Contract in three (3) originals, each of which shall be deemed to be an original on the Effective Date signed by the County below.

Provider:

By (signature): ___________________________________ Date: _______________

Print Name: _____________________________________

Title: _________________________________________

Witness: _______________________________________ County:

By (signature): ___________________________________ Date: _______________

Print Name: _____________________________________

Title: _________________________________________

Witness: _______________________________________

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EXHIBIT A MANDATORY FAA CONTRACT PROVISIONS

FOR NON-AIP FUNDED CONTRACTS

GENERAL CONTRACT REQUIREMENTS

A. The contractor/consultant (including all subcontractors) is required to insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub-agreement);

B. The contractor/consultant (or subcontractor) is required to incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services;

C. The prime contractor/consultant be responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider;

GENERAL CIVIL RIGHTS PROVISIONS Sponsor Contracts

The contractor agrees 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 binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.

CIVIL RIGHTS – TITLE VI ASSURANCES Compliance with Nondiscrimination Requirements

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor (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 Contractor, 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 Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices

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when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor 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 Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor 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 Contractor 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 a Contractor’s noncompliance with the non-discrimination provisions of this contract, the sponsor 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 Contractor 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 Contractor 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.

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Title VI List of Pertinent Nondiscrimination Acts and Authorities

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 non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 USC § 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 Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 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 USC § 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 USC § 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 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 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 nondiscrimination 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

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discrimination because of limited English proficiency (LEP). To ensure compliance with 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 USC 1681 et seq).

FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)

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 [Contractor | Consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [Contractor | Consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

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. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer 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.

END OF EXHIBIT A - MANDATORY FAA CONTRACT PROVISIONS

FOR NON-AIP FUNDED CONTRACTS

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EXHIBIT B

SCOPE OF SERVICES

The scope of services of services work for this contract are specified in the following documents that are hereby incorporated in their entirety into the contract by reference in the following order of precedence:

1.

END OF EXHIBIT B

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EXHIBIT C

TERMS AND COST OF SERVICES

Terms: The term of this contract shall be for an initial two (2) years with three (3) one-year renewal options. Cost:

END OF EXHIBIT C

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EXHIBIT D

HORRY COUNTY DEPARTMENT OF AIRPORTS

WORK AUTHORIZATION FOR PROFESSIONAL SERVICES Work Authorization No. __-__ Date

RFQ No. 2017-18-722

Munis Contract No. XXX

It is agreed to undertake the following work in accordance with the provisions of our Contract for Professional Services. This Work Authorization is subject to all terms, conditions, and contract provisions as contained in the Professional Services Agreement between County and Consultant dated . Description of Work Authorization: The Consultant shall provide: These services shall be provided in general accordance with the attached work scope and man hour estimate. Time Schedule: Cost of Services: Agreed as to scope of services, time schedule, and budget: For Horry County Department of Airports For Consultant Date: Date: Witness Witness

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