REQUEST FOR PROPOSALS. for. Lease of Hangars 352, 355 and 358 at the Myrtle Beach International Airport (MYR) RFP#

Transcription

1 REQUEST FOR PROPOSALS for Lease of Hangars 352, 355 and 358 at the Myrtle Beach International Airport (MYR) RFP# Proposals Due: 2:00 PM Local Time, July 30, 2015* *Should the County be unsuccessful in awarding a Contract(s) following the initial proposal submission, the County will continue to accept proposals on a continuous basis until 2:00 PM Local Time on Monday, July 31, 2017 or until the County has entered into a Contract for all space outlined in this RFP, whichever comes first. Prepared by: Horry County Department of Airports 1100 Jetport Road, Myrtle Beach, SC and Horry County Procurement Office 3230 Hwy 319 East, Conway, SC Requests for information regarding this Request For Proposals should be directed to the Office of Procurement. RFP# July 9, 2015 Page 1 of 58

2 Advertisement COUNTY OF HORRY Horry County Department of Airports (HCDA) is seeking proposals from interested and qualified parties wishing to lease hangar space at Hangars 352, 355 and 358 at the Myrtle Beach International Airport (MYR) on land and facilities owned by the County. Initial Proposals shall be submitted no later than 2:00 PM Local Time, July 30, 2015, in the Office of Procurement at the address stated below. No facsimile, or telephone proposals will be accepted. Submitted Request for Proposals (RFP s) shall contain the requested information and be submitted in the format as shown within the solicitation document. Only the names of the Proposers will be announced. Any submissions received later than the deadline will be considered "LATE" and will not be accepted. Submitted Proposals MUST be sealed and clearly identified on the outside of the envelope/package as: RFP # MYR Lease of Hangars 352, 355 and 358 and mailed/delivered to: Horry County Office of Procurement 3230 Highway 319 E. Conway, SC Should the County be unsuccessful in awarding a Contract(s) following the initial proposal submission, the County will continue to accept proposals on a continuous basis until 2:00 PM Local Time on Monday, July 31, 2017 or until the County has entered into a Contract for all space outlined in this RFP, whichever comes first. After the initial submission deadline, proposals will be reviewed based upon the order in which they are received by the Office of Procurement. Hand-delivered proposals should be delivered to the same above referenced address. There is no manadatory pre-proposal meeting associated with this RFP, however, all interested parties and potential proposers are encouraged to view the facilities at their discretion. For an appointment, please contact Ryan Betcher, Airport Business Development Manager at betcherr@horrycounty.org (subject line reference Site Visit, MYR Lease of Hanagers ) or (843) The solicitation (RFP) document and associated addenda can be accessed from the County s website by visiting Each proposal must be accompanied by a Cashier s Check, made payable to Horry County Government, in the amount of Five Thousand and 00/100 ($5,000.00) Dollars as a guaratee that the successful prospective Proposer will enter into a Lease Agreement with the County. Contact information for this project: Ms. Amy Norris norrisa@horrycounty.org (843) The lease award is contingent upon approval by County Council by way of a three-reading Ordinance. 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 bidders 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. ### RFP# July 9, 2015 Page 2 of 58

3 GENERAL 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, proposal number and project identification. No facsimile, or telephone proposals will be accepted. 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 should be addressed to: Horry County Office of Procurement 3230 Hwy 319 E. Conway, South Carolina Hand-delivered proposals should be delivered to the same above referenced address. There is no mandatory pre-proposal meeting associated with this RFP, however, all interested parties and potential proposers are encouraged to view the facilities at their discretion. For an appointment, please contact Ryan Betcher, Airport Business Development Manager at (subject line reference Site Visit, MYR Lease of Hanagers ) or No one will be available to answer questions. All questions must be submitted in writing and submitted as directed herein. Only the names of the Proposers will be made public until such time contracts have been executed. Initial Proposals shall be submitted no later than 2:00 PM Local Time, July , in the Office of Procurement at the address stated above. Proposals received later than the 2:00 PM Local Time, July 30, 2015 deadline will be considered a LATE PROPOSAL and shall not be included as part of the initial proposal acceptance and consideration process. The County reserves the right to reject any or all proposals received or to award, without discussions or clarifications, a Contract on the basis of the initial proposals received. Therefore, each proposal should contain the Proposers best terms from a price, revenue, business, and technical standpoint. Should the County be unsuccessful in awarding a Contract(s) following the initial proposal submission, the County will continue to accept proposals on a continuous basis until not later than 2:00 PM Local Time on Monday, July 31, 2017 or until the County has entered into a Contract for all space outlined in this RFP, whichever comes first. Submitted proposals received up until 2:00 PM Local Time on Monday, July 31, 2017 will be reviewed based upon the order in which they are received by the Office of Procurement, therefore, interested parties are encouraged to submit their proposal in a timely manner as the County will review one proposal at a time and will not open the next proposal in line until the proposal under review has been officially rejected in writing. RFP# July 9, 2015 Page 3 of 58

4 The solicitation (RFP) document can be accessed from the County s website by visiting B. EXAMINATION OF RFP DOCUMENT Prior to submitting a proposal, each Proposer shall carefully examine the RFP documents, study and thoroughly familiarize himself/herself with the specifications/requirements thereof and notify Owner of all conflicts, errors, or discrepancies. The Proposer shall sign his/her proposal correctly. All proposals shall be submitted 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 one hundred-eighty (180) calendar days from the date of proposal is due. The Proposer s name and solicitation number shall be included when specifications or descriptive papers are submitted with proposal. By submission of this proposal, the Proposer guarantees that all goods and services meet the requirements of the solicitation. C. QUESTIONS Submit written questions with proper reference to this RFP to norrisa@horrycounty.org attention Director of Procurement. The deadline for questions is at 5:00 PM Local Time on July 23, 2015 regarding this initial submission, due July 30, If it becomes necessary to revise any part of this request for proposal, an addendum will be provided in writing and posted to the Horry County website. All addenda/amendments 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 he/she has all addenda by visiting the Horry County Procurement website: After the initial due date of July 30, 2015, questions will be accepted thru July 27, 2017 for the July 31, 2017 due date. D. MISCELLANEOUS PROVISIONS When applicable, Horry County pays seven percent (7%) sales tax; the tax rate for the City of Myrtle Beach is eight percent (8%). The successful Proposer must have the appropriate business license(s) before contract ensues. This solicitation will be conducted in accordance with Horry County Procurement Code and Regulation. The ordinance can be found in its entirety on the County s web site: 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 RFP# July 9, 2015 Page 4 of 58

5 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 solicitation. The solicitation does not commit Horry County to award a contract, to pay any costs incurred in the preparation of the proposal, or to procure or contract for goods of services listed herein. Notwithstanding, anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. E. 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, including Section , which requires a proposer to have the proper licenses(s) prior to submitting a proposal. Your company does not need to be based in South Carolina, but should be licensed to do business here, if awarded the contract. Failure to comply will be automatic grounds for rejecting the proposal as nonresponsive. Award WITH or WITHOUT Discussions or Negotiations: As proposals are received, the evaluation committee will determine if the Proposer(s) meet all the basic requirements and criteria as outlined in the RFP. Horry County may award a contract without discussions. Costs associated with oral interviews or presentations shall be the sole responsibility of the proposer. Horry County will not reimburse for costs associated with interviews or presentations. F. PROPOSAL GUARANTEE Each proposal must be accompanied by a Cashier s Check, (the attached Required Proposal Bond Form must be completed and attached with submitted check) made payable to Horry County Government, in the amount of Five Thousand and 00/100 ($5,000.00) Dollars as a guaratee that the successful prospective Proposer will enter into a Lease Agreement with the County. The aforesaid guarantee is to be retained by the Horry County Department of Airports as liquidated damages in the event the successful Proposer fails to enter into the Lease Agreement as provided herein, or upon failure to comply with all of the conditions made in its proposal. Each successful Proposer will be expected to execute and abide by a Lease Agreement substantially similar to Attachment E Sample Lease Agreement. Proposal Guarantees will not be deposited, except in the case of forfeiture. The aforesaid guarantee is to be retained by the Airport as liquidated damages in the event the successful Proposer fails to enter into the Lease Agreement with the County, or upon failure to comply with all of the conditions made in its proposal. RFP# July 9, 2015 Page 5 of 58

6 Proposal Guarantees will be returned to any unsuccessful proposers within one hundred and eighty (180) days after the proposal was submitted. The Proposal Guarantee of the successful proposer, upon entering in the Lease Agreement, will not be returned but applied towards the successful Proposers security deposit per terms of the Lease Agreement. Any remaining monies not applied toward the security deposit will be applied toward future rent payments. G. CONTRACT AWARD Whether or not discussions or negotiations are held, contract award will be made to the proposer whose proposal is deemed most advantageous to the County, considering all evaluating factors. Horry County shall be the sole judge of this determination; therefore, contract award may be made to other than the highest proposed rent structure. Horry County may award multiple contracts from this RFP determined to be most advantageous to the County. The lease award is contingent upon approval by County Council by way of a three-reading Ordinance. The County will determine the most advantageous proposal based upon the evaluation criteria and recommend the selected firm(s). 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 If awarded the contract, selected firm will be required to sign a copy of the County's Lease Agreement (see Attachment G, Sample Lease Agreement). A copy of the firm's proposal may be attached to the contract; however, in the event of any ambiguity with any attachments, the County's contract and Procurement Code and Regulation will prevail. H. TERM OF CONTRACT The term of this contract shall be for ten (10) years with two (2) renewals, each for an additional period of five (5) years with the effective date as stated in the Lease Agreement. Successful Proposer may request a different lease term than what is being offered, pending guaranteed improvements into the facilities. In order for the County to consider an extension of the lease term, the successful Proposer must provide sufficient supporting information such as financing amount and amortization schedule. Consideration for an extension of the lease term is at the sole discretion of Horry County. RFP# July 9, 2015 Page 6 of 58

7 I. INSURANCE REQUIREMENTS The successful Proposer shall provide proof of all required insurance(s). Insurance amounts shall be based on the type of proposed operation to be performed. Determined insurance requirements are at the sole discretion of Horry County. Insurance shall indemnify 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 of Horry must be provided with thirty (30) days notice prior to cancellation, modification or reduction in limits of any stipulated insurance. J. INDEPENDENT CONTRACTOR STATUS The selected proposer shall not, by entering into this Contract, become a servant, agent, or employee of Horry County, but shall remain at all times an independent contractor to the County. This Contract 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. K. GRIEVANCE Any actual or prospective quoter, bidder, proposer, or awardee of a contractor agreement who is aggrieved in connection with the solicitation 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. If scheduled, protest hearings will be scheduled within five (5) working days from protest received date. Any grievance filed shall be made known prior to any bid opening in accordance with invitation to bids. Please reference Subchapter 15-3-Bid Protests of the Horry County Code & Regulation by visiting L. FREEDOM OF INFORMATION STATEMENT Procurement information shall be a public record to the extent required by Chapter 3 of Title 30 (The Freedom of Information Act), South Carolina Code of Laws, 1976, with the exception that commercial or financial information obtained in response to a Request for Proposals which is privileged and confidential if so designated by the proposer shall not be disclosed. Such information must be clearly marked as CONFIDENTIAL by the Proposer for each 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. Examples of this type of information would include: Customer Lists Design recommendations and identification of prospective problem areas under a RFP. Design concepts, including methods and procedures. Biographical data key employees of the bidder/proposer. RFP# July 9, 2015 Page 7 of 58

8 M. LEGAL STATEMENT Please reference Attachment D in this document. N. LAWS Compliance with EEOC and other State and Federal Laws: To the extent set forth in the respective statutes, Submitter shall comply with the provisions of: a. Title VII of the Civil Rights Act of 1964; b. Age Discrimination in Employment Act of 1967; c. Title I of the Americans with Disabilities Act of 1990; d. Equal Pay Act of 1963; e. Fair Labor Standards Act of 1938; f. Immigration Reform and Control Act of 1986; and g. South Carolina Wages Act, S.C. Code et seq. h. South Carolina Worker s Compensation Act, S.C. Code et seq. i. South Carolina Illegal Immigration Reform Act, including without limitation Chapters 14 & 29, Title 8, and Chapter 8, Title 41, S.C. Code of Laws. j. 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; k. South Carolina Act 190 of 2008; Financial and Identity Theft Protection Act; l. Horry County Privacy / Identity Theft Policy. The sample lease contains additional required provisions for the contract: a. General Civil Rights Provisions b. Civil Rights Title VI N. 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 bidders 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. Please submit one (1) original, one (1) copy and one (1) electronic copy in Adobe PDF format on a USB storage drive. Financial pro forma should be submitted in MS Excel format, with functioning formulas. *** End of General Instructions to Proposers *** RFP# July 9, 2015 Page 8 of 58

9 I. BACKGROUND INFORMATION A. Project Overview INSTRUCTIONS TO RESPONDENTS (PROPOSERS) Horry County is requesting proposals from interested and qualified parties wishing to lease hangar space at the Myrtle Beach International Airport (MYR) herein of the Airport, on land and facilities owned by the County. Horry County intends to enter into an Agreement with one (1) or more Proposer(s) who, in the judgment of the County, is both technically and financially qualified to provide Proposed Services on the Airport; who has demonstrated to the satisfaction of the County, in its absolute and sole discretion, that the Proposer has conducted a thorough and rigorous assessment of the market for the Proposed Services at the Airport and has a business plan that is capable of execution; and, who will provide the best combination of services to the users of the Airport and financial considerations to the County. Horry County expects that any financially qualified Proposer will have conducted a thorough market analysis and will have a business plan and pro forma financial forecasts in support of its decision to submit a Proposal. Such business plan and financial pro forma must be submitted with the Proposal and the County will consider the merits of such information in deciding whether a particular Proposer is financially qualified to provide the Proposed Services at the Airport. In determining the financial qualifications of a proposer, the County will place emphasis on the quality of the proposer s market analysis, business plan and financial ability, historical performance, and other factors as indicated herein, all of which must be included with the proposal. B. Area Information & Airport Overview MYR is a small hub airport, owned by Horry County Government and operated by the Horry County Department of Airports. MYR is under the day-to-day management and direction of the Director of Airports who reports directly to the Horry County Administrator. MYR s fixed base operator, Myrtle Beach Aviation, is owned by Horry County and operated by the Department of Airports. Myrtle Beach Aviation does not provide/offer aircraft maintenance services. RFP# July 9, 2015 Page 9 of 58

10 Fiscal Year Airline MYRTLE BEACH INTERNATIONAL AIRPORT HISTORICAL OPEATIONS General Aviation Air Taxi Military Total ,407 14,147 52,698 4,641 91, ,326 11,999 64,323 3,454 96, ,114 10,804 58,716 6,298 90, ,843 10,650 90,821 6, , ,440 11, ,763 3, ,284 Source: FAA Air Traffic Activity System (ATADS): II. SPECIFICATIONS and REQUIREMENTS A. Specifications (approximate, and must be verified by bidder) Hangar 352 (see Exhibit A of Sample Agreement): Total Area: Approx. 72,000 SF Number of Bays: 2 Doors: 160 wide, 25 high w/ 8 tail door (each bay) Hangar Floor Space: Approx. 20,200 SF (each bay) Office/Shop Area: Approx. 32,000 SF Electrical Service: 220/440 3PH 400Amp to 480Amp Roof: Panel Heat/Air: Gas Radiant/HVAC Hangar 355 (see Exhibit B of Sample Agreement): Total Area: Approx. 19,200 SF Number of Bays: 2 (1 Paint, 1 Strip) Doors: 78 wide, 24 high (each bay) Hangar Floor Area: Approx. 9,000 SF (paint side) Approx. 4,950 SF (strip side) Office/Shop Area: Approx. 5,660 SF Electrical Service: 220/440 3PH 400Amp Roof: Panel Heat/Air: Gas Boiler/HVAC (HVAC in office only) Hangar 358 (see Exhibit C of Sample Agreement): Total Area: Approx. 44,500 SF Number of Bays: 1 RFP# July 9, 2015 Page 10 of 58

11 Doors: 160 wide, 31 high w/ 12 tail door Hangar Floor Area: Approx. 27,000 SF Office/Shop Area: Approx. 17,500 SF Electrical Service: 220/440 3PH 400Amp Roof: Panel Heat/Air: Gas Radiant/HVAC Proposer may bid on any, all or any portion of hangar facilities. B. Minimum Qualifications of Respondants 1. An important consideration in making the award is the documented experience and capability of the Proposer. Any proposer without three (3) years of experience may submit to the County information that proposer believes qualifies it to provide the proposed services. County may elect to, but will not be obligated to, consider such information. If County does consider such information, County reserves the right to waive such three (3) year experience requirement in considering such proposer s proposal. 2. Aircraft Fuel, hangar storage and miscellaneous aircraft ramp services to general aviation aircraft at the Airport are provided by the County, operating as a Fixed Based Operator ( FBO ) and are not considered services to be provided by the Proposer. 3. Proposer conducts a thorough and rigorous assessment of the market for the Proposed Services at the Airport and business plan that is capable of execution and provids the best combination of services to the users of the Airport and financial considerations to the County. 4. Proposer will provide first-class quality service to the Airport users and flying public. C. RFP Response Requirements Proposers shall provide the following: 1. Cover Letter A transmittal letter, not to exceed two (2) pages, identifying the name of the proposer, the hanger facilities proposed to be leased and a brief summary of the key elements of the proposal 2. Proposed Management Plan - Proposer should clearly identify all aspects of the business, including proposed activities to be conducted, marketing and promotional strategies, number of employees anticipated and associated pay. 3. Facility Improvement Plans - Each Proposer shall provide a detailed plan for any guaranteed improvements it proposes to the Premises in Attachment B. The plan shall include a narrative summary of the proposed improvements, which state the proposed improvements, and the proposed cost of each. RFP# July 9, 2015 Page 11 of 58

12 4. Proposer Experience and Capabilities - The Proposer will demonstrate that it and the proposed key personnel, including the proposed management team have satisfactory experience with, and demonstrated responsibility in the management and operation of the proposed business at other comparable airports. The Proposer shall specifically show its demonstrated experience at other locations, describing experience managing and maintaining other facilities. The Proposer shall clearly state how the duration and extent of the Proposer s experience and qualifications in the proposed business qualify the Proposer to operate a business of the size and scale of this opportunity. Proposer must attach financial statements inclusive of balance sheets and income statements as prepared by a Certified Public Accountant for the two (2) most recent fiscal years as a minimum. If proposer is a subsidiary of a parent company, or if any assets are pledge to another company, proposer must furnish financial statements for both the parent company and subsidiary. If proposer is a subsidiary, state if the proposer s parent company will provide a financial guarantee of the proposer s performance under the lease. 5. Financial Plan and Offer- Proposer will identify amount of rent and other revenues payable to the County as set forth in the Proposal and Attachment B. Proposer will provide a pro forma income statement, balance sheet and statement of cash flows which will provide the Proposer s projected gross receipts by category, operating expenses by category, rent to the County and amortization of capital investment (or repayment of debt funding, including assumed amortization/borrowing rate) for at least each of the first ten (10) Contract Years. The pro forma statements should be provided in MS Excel, with all calculations shown. Further, proposer shall provide all assumptions supporting each element of the financial pro forma. Proposer also shall clearly identify the source(s) of funding for any guaranteed improvements to the Premises. If funding will be borrowed based on this Contract, a letter of reference stating the source of funds must be provided from a bank or financial entity. 6. Proposers also shall include the following Required Forms in the following sequence: Attachment A: Respondent Information 7 Pages Attachment B: Compensation Schedule and Facility Improvement Plan 3 Pages Attachment C: Form of Noncollusion Affidavit 1 Page Attachment D: Legal Statement 1 Page Attachment E: Acknowledgement of Addenda 1 Page Attachment F: Proposal Bond 1 Page The County does not desire voluminous submissions; therefore, please limit your presentation to essential and pertinent information. By submitting a proposal, your firm agrees to the terms and conditions stated herein unless explicitly stated otherwise in your response to this RFP. RFP# July 9, 2015 Page 12 of 58

13 Horry County is not responsible for costs incurred for preparation and submitting Request for Proposal submissions. Horry County reserves the right to award or not to award a contract resulting from this solicitation. The lease award is contingent upon approval by County Council by way of a three-reading Ordinance. III. EVALUATION CRITERIA Below is a summary of the minimum criteria that will be used to evaluate proposals. Lease Agreement(s) will be negotiated with proposers who offer the most advantageous solution for Horry County. A. Proposed Management Plan Proposers will be evaluated on the quality, comprehensiveness, and feasibility of their plan for providing proposed services. B. Experience Proposers will be evaluated on the relevant firm experience in operating similar facilities. Additionally, the qualifications of proposed key staff will be evaluated. C. Financial Ability to Perform The pro forma statements shall be evaluated by the County for its reasonableness and viability, and the extent to which it supports the financial offer. D. Financial Offer The County will evaluate financial proposals for reasonableness, completeness and realism as appropriate. E. Facility Improvement Plans The County will evaluate the level and quality of the proposed guaranteed improvements to the Premises. The Proposer should be prepared to discuss these plans before the County s RFP evaluation committee, if requested. *** End of Instructions to Respondents (Proposers) *** RFP# July 9, 2015 Page 13 of 58

14 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# LEASE OF HANGARS 352, 355 AND 358 AT MYRTLE BEACH INTERNATIONAL AIRPORT (MYR) Completed questionnaire is required as part of sealed proposal submittal. Statements contained herein must be complete and accurate. Omission, inaccuracy, or misstatement shall be cause for rejection of a proposal. A. GENERAL 1. Correct Legal Name of Proposer: (NOTE: Give exact legal name as it will appear on the agreement, if awarded.) 2. Address of Proposer and name of individual who can answer on behalf of Proposer for purposes of notice or other communication relating to the proposal. Name of Individual: Title: Address: City: State: Zip Code: Telephone Number: Fax Number: Address: 3. Proposer intends to operate facility as a: Sole Proprietorship Limited Partnership General Partnership Corporation Other: ; Proposer is a franchise or licensee operation? Yes No If yes, please explain: B. CORPORATION STATEMENT (If a corporation, please answer the following questions) 1. Date of Incorporation: RFP# July 9, 2015 Page 14 of 58

15 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# State of Incorporation: 3. Is the corporation authorized to do business in the state of South Carolina? Yes No 4. The corporation is held: Publicly Privately 5. Furnish the name, title and address of each officer, director and principal shareholder owning the corporation s issued stock (attach additional sheets if needed). DIRECTOR S NAME: PRINCIPAL BUSINESS AFFILIATION: OFFICER S NAME: POSITION: RFP# July 9, 2015 Page 15 of 58

16 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# PRINCIPAL SHAREHOLDERS: PRINCIPAL BUSINESS AFFILIATION: 6. Number of years engaged in an aeronautical activity: 7. List all relevant facility operational experience (attach additional sheets as necessary). a. Name: Business Description: City: State: Dates of Operation (mm/dd/yyyy): / / to / / b. Name: Business Description: City: State: Dates of Operation (mm/dd/yyyy): / / to / / c. Name: Business Description: City: State: Dates of Operation (mm/dd/yyyy): / / to / / RFP# July 9, 2015 Page 16 of 58

17 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# Have you ever been entered into litigation with an airport or others for issues pertaining to fee payment and/or contract performance? Yes No If yes, please provide details, including eventual disposition of action: 9. Future Financial Responsibility Information: a. Bankruptcy Information: Have you ever filed for or been declared bankrupt? Yes No If yes, please provide date, court jurisdiction, type of bankruptcy, amount of liabilities and amount of assets: b. During the past five (5) years, have any agreements held by Proposer for the operation of an aeronautical activity or other related aircraft business ever been defaulted or canceled? Yes No If yes, please provide details: 10. References: RFP# July 9, 2015 Page 17 of 58

18 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# Provide the name, addresses and telephone numbers of at least three (3) individuals who can attest to the Proposer s experience: 11. Insurance: a. Name: Address: City: State: b. Name: Address: City: State: c. Name: Address: City: State: Please list the types of insurance and limits currently maintained: Please list the amount and type claims paid by any of the proposer s insurers during the past 5 years: 12. Proposer s Declaration: Proposer understands, agrees and warrants: a. That Proposer has carefully read and fully understands the information that was provided by the County was provided for general informational purposes only. Proposal certifies that they have read and understand the attached Minimum Standards for Fixed Base RFP# July 9, 2015 Page 18 of 58

19 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# Operators and Airport Tenants at Airports Under the Jurisdiction, Ownership or Control of the Horry County Department of Airports (Attachment B ). b. That Proposer has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted. c. That Proposer Information must be submitted with the proposal and is attached hereto. d. That this Proposal may be withdrawn by requesting such withdrawal in writing at any time prior to 2:00 PM Local Time, on the date that the proposal is due but may not be withdrawn for a period of one hundred eighty (180) calendar days after such date. e. That all information contained in the Proposal is true and correct to the best of Proposer s knowledge and belief. f. That Proposer did not, in any way, collude, conspire, or agree directly or indirectly with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this Proposal. g. That Proposer did not receive unauthorized information from, nor initiate contact with, the Horry County Council, Airport Advisory Committee, the Airport Staff, the County Legal Counsel, or the Airport Consultant(s) during the proposal period except as provided for in the Request for Proposals for the Lease of Hangars 352, 355 and 358 at Myrtle Beach International Airport proposal package. h. That no officer or employee of the Horry County Department of Airports or other affiliated County officer or employee shall have a financial interest, direct or indirect, in any contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any materials, supplies or service. I. That the County reserves the right to reject any and all proposals and to negotiate fees, terms and provisions which, in the County s sole opinion, is in the best interest of Horry County. i. That by submission of this Proposal, the Proposer acknowledges that the County has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the County permission to make said inquiries, and to provide any and all requested documentation in a timely manner. RFP# July 9, 2015 Page 19 of 58

20 ATTACHMENT A Required Form RESPONDENT INFORMATION RFP# Proposers Execution: No proposal shall be accepted which has not been signed in ink in the appropriate space below: a. If Proposer is a SOLE PROPRIETOR, sign here: By: Print Name: Date: b. If Proposer is a PARTNERSHIP or JOINT VENTURE, at least two (2) Partners or each of the Joint Venturers must sign here. If a LIMITED PARTNERSHIP, one signature must be of the general partner: Partnership or Joint Venturer Name: By: Print Name: Title: By: Print Name: Title: Attest: Print Name: Title: c. If Proposer is a CORPORATION, the duly authorized officer(s) must sign as follows: The undersigned certified that they are authorized to sign and attest this Proposal Form on behalf of the below named Corporation, and that they are authorized to execute same for and on behalf of said Corporation. Corporate Name: By: Print Name: Title: Attest: Print Name: Title: Date: RFP# July 9, 2015 Page 20 of 58

21 ATTACHMENT B Required Form COMPENSATION SCHEDULE AND FACILITY IMPROVEMENT PLAN RFP# RESPONDENT INFORMATION Expected Gross Sales, Lease Rate and Percentage of Gross Sales: a. The Proposer must provide a schedule of projected gross revenues for the operation. The projection must be reasonable in consideration of past revenue performance at other facilities of similar size/activity. b. The Proposer will provide the Horry County Department of Airports an annual base rental amount as agreed to in final negotiations. c. The undersigned Proposer agrees, if awarded a contract, to annually provide the Horry County Department of Airports, a percentage of gross sales as agreed to in final negotiations. For the purposes of this paragraph, the term "gross sales" shall mean the gross selling price of all aircraft parts and aircraft services that occur on the demised premises during the lease year. Notwithstanding anything to the contrary herein, gross sales shall not include the amount of any amusement, sales, and excise taxes paid by Lessee, sub-lessee, or concessionaires during such lease year. Said additional rent shall be payable monthly on or before the tenth day of each month based upon previous month s gross sales. Lessee agrees to maintain and retain for five years sufficient records of all gross sales to allow the County to audit those records in accordance with generally accepted audit procedures. For verification purposes, Lessee shall, at its own expense, on or before March 1 of each calendar year, furnish to Lessor a statement prepared and signed by a certified public accountant showing, by month, the amount of gross sales, as herein defined, for the preceding calendar year, together with an analysis of all amusement, sales and excises taxes paid during such preceding lease year. Upon request, the County shall have the right to audit and inspect Lessee's statement of gross sales and analysis of all amusement, sales and excises taxes paid during a lease year. Upon request, Lessee shall provide the County with copies of all books, records and documents necessary for Lessor to make such audit and inspection. If an audit by the County reveals that gross sales, for any calendar month, were understated by more than two percent, then Lessee shall reimburse the County for the cost of such audit. On an annual basis, following the first full year of operations the per square foot rental rates will be adjusted by CPI index adjustment as determined by the County and described in detail in a lease agreement. RFP# July 9, 2015 Page 21 of 58

22 ATTACHMENT B Required Form COMPENSATION SCHEDULE AND FACILITY IMPROVEMENT PLAN RFP# COMPENSATION SCHEDULE Please provide the following information: Initial Term Year Gross Sales Minimum Annual Rent to County Proposed Percentage Rent 1 $ $ % 2 $ $ % 3 $ $ % 4 $ $ % 5 $ $ % 6 $ $ % 7 $ $ % 8 $ $ % 9 $ $ % 10 $ $ % First Optional Renewal Term (if applicable) Year Gross Sales Minimum Annual Rent to County Proposed Percentage Rent 11 $ $ % 12 $ $ % 13 $ $ % 14 $ $ % 15 $ $ % Second Optional Renewal Term (if applicable) Year Gross Sales Minimum Annual Rent to County Proposed Percentage Rent 16 $ $ % 17 $ $ % 18 $ $ % 19 $ $ % 20 $ $ % RFP# July 9, 2015 Page 22 of 58

23 ATTACHMENT B Required Form COMPENSATION SCHEDULE AND FACILITY IMPROVEMENT PLAN RFP# Amount of proposed improvements to the facilities (attached additional sheets as necessary): Initial Term: Years 1 5: $ Years 6 10: $ Description of improvements: First Optional Renewal Term: Years 11 12: $ Description of improvements: Second Optional Renewal Term: Years 16 20: $ Description of improvements: RFP# July 9, 2015 Page 23 of 58

24 ATTACHMENT C Required Form FORM OF NONCOLLUSION AFFIDAVIT RFP# 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 offering and has not in any manner, directly or indirectly sought by agreement or collusion, or communication of conference, with any person, to fix the proposal price of affiant or any other Proposer, or to fix any overhead, profit or cost element of said proposal price, or that of any other Proposer to secure any advantage against OWNER any person interested in the proposed Contract; 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. RFP# July 9, 2015 Page 24 of 58

25 ATTACHMENT D Required Form LEGAL STATEMENT RFP# Please disclose any litigation within the last five (5) years in which a claim has been made against you or your company asserting a cause of action other than: Employment issues Lis Pendens Contracts not related to your professional work Please explain the issues in these cases: RFP# July 9, 2015 Page 25 of 58

26 ATTACHMENT E Required Form ACKNOWLEDGEMENT OF ADDENDA RFP# Proposer hereby acknowledges receipt of all Addenda through and including: Addendum No., dated. Addendum No., dated. Addendum No., dated. Addendum No., dated. Company: Authorized Signature: Print Name: RFP# July 9, 2015 Page 26 of 58

27 ATTACHMENT F Required Form PROPOSAL BOND RFP# KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal and, as Surety, are hereby held and firmly Bound unto HORRY COUNTY, OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby Jointly and severally bind ourselves, our heirs, executors, administers, successors, and assigns. Signed, this day of, The conditions of the above obligation is such that whereas the Principal has submitted to Horry County certain PROPOSAL, attached hereto and hereby made a part hereof to enter into a Contract in writing for furnishing the following Goods, Services and Other Services: NOW THEREFORE, (a) If said Proposal shall be rejected, or in the alternate, (b) If said Proposal shall be accepted, and Principal shall execute and deliver a Contract in the Form of Agreement attached hereto (properly completed in accordance with said proposal) and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said PROPOSAL, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that obligations of said Surety and its Bonds shall be in no way impaired or affected by any extension of the time within which the Owner may accept such PROPOSAL; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety (L.S.) By: (SEAL) (1) Date of Bond must be same date as PROPOSAL (2) Bond must be signed or countersigned by Surety s proper South Carolina Resident Agent. Date of Power-of-Attorney shall be same date as date of Bond. (3) If a Partnership, all partners shall execute Bond RFP# July 9, 2015 Page 27 of 58

28 ATTACHMENT G SAMPLE LEASE AGREEMENT RFP# RFP# July 9, 2015 Page 28 of 58

29 STATE OF SOUTH CAROLINA) COUNTY OF HORRY ) ) SAMPLE LEASE AGREEMENT THIS LEASE AGREEMENT (the Lease ), made and entered into this day of 2015, by and between HORRY COUNTY, a political subdivision organized and existing under the laws of the State of South Carolina ("Lessor") and, a business entity organized and existing under the laws of the State of South Carolina ( Lessee ). WITNESSETH: WHEREAS, Lessor is desirous of at the Myrtle Beach International Airport ( MYR ); and WHEREAS, The Lessee is desirous of leasing space in a building at MYR labeled, consisting of approximately square feet, together with office space and aircraft parking areas; and NOW, THEREFORE, for and in consideration of the premises and mutual covenants contained herein, Lessor and Lessee agree as follows: ARTICLE I PREMISES A. Premises. Lessor hereby leases to Lessee portions of MYR buildings as follows: Approximately square feet of the buildings identified as Hangar, including approximately square feet of RFP# July 9, 2015 Page 29 of 58

30 office space and approximately square feet of hangar space located at MYR Airport and attached hereto as Exhibit A, incorporated herein by reference ( Premises ). B. ACCEPTANCE OF PREMISES. Lessee accepts the premises in their "as-is" condition and County has no obligation to improve, repair, restore, or alter the premises. Lessee acknowledges that neither County nor any agent, employee, director or official of County has made any representation or warranty, except as otherwise expressly provided in this Lease, with respect to the building (including the premises) including, without limitation, any representation or warranty with respect to the suitability or fitness of the building or any portion for the conduct of lessee s business. Lessee acknowledges that it has been informed that the building in which the Premises are located may not be compliant with the Americans with Disabilities Act [the Act], and accepts the Premises in that condition. Lessee acknowledges that it is responsible for compliance with any requirements that may be imposed under the Act for Lessee s anticipated use of the premises. Lessee agrees to indemnify and hold harmless Lessor from any and all claims arising from any failure to comply with the Act, and agrees to notify Lessor of any modifications or accommodations that Lessee undertakes in order to comply with the Act. C. DISCLAIMER OF WARRANTIES. Lessee represents that the Lessee has inspected the Premises and agrees to accept the Premises in an "as is" condition. LESSOR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THE PREMISES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. D. COVENANTS AND DEED RESTRICTIONS. The Premises are leased to Lessee subject to all covenants, conditions, restrictions, requirements, easements, rights-of-way, reservations, rights, agreements and encumbrances set forth in the deed or deeds which evidence conveyance of the premises or any portion thereof. Lessee agrees to abide by and/or comply with each and every covenant, condition, restriction, requirement, easement, right-of-way, reservation, right, agreement and encumbrance that may be contained in the deed or deeds referenced. Lessee agrees to abide by and comply with each and every covenant, restriction, and requirement that may be contained in the deed or deeds pertaining to the Premises, RFP# July 9, 2015 Page 30 of 58

31 ARTICLE II - TERM AND RENEWAL OPTION A. TERM. The term of this Lease shall be for a period of ( ) years commencing, and terminating. B. RENEWAL. Lessee shall have the option to renew this Lease, with the Lessor s consent, which consent shall not be unreasonably withheld, subject to all of the terms and conditions of the Lease, for ( ) additional terms of ( ) years each. Each renewal term shall begin on May 1 of the applicable year and shall terminate ( ) years thereafter on of the applicable year. In order to exercise its right to each renewal, Lessee shall provide written notice to Lessor of its request to renew not less than ( ) months nor more than ( ) months prior to the expiration of the then current lease or renewal term. The renewal option shall not be exercisable by Lessee unless at the time of the exercise of said option, Lessee is not in default of its obligations hereunder and the Lease has not been previously terminated according to the terms and conditions thereof. Failure of the Lessee to deliver timely notification of its request to renew under this section shall be deemed notice of Lessee s intent not to renew. ARTICLE III - USE OF PREMISES A. USE. Lessee shall comply with all local, state and federal laws, rules, regulations and ordinances that are or may become applicable to its activities under this Lease, including, without limitation, all applicable zoning, parking, signage, and other ordinances and the height and lighting requirements of the Federal Aviation Administration ("FAA"). Lessee shall have the non-exclusive right and obligation to use the Premises for the operation of aviation activities related to. Lessee shall possess all required FAA licenses and certifications for the work performed by it on the Premises, including aircraft repair and maintenance. Use of the Premises for any other purposes shall not be permitted unless agreed to in writing, in advance of such use, by the Lessor. Lessee shall not undertake any operation on the site that will cause a nuisance to (including noise and/or dust) or interfere with lawful activity on adjacent properties. With regard to parking, only vehicles operated by Lessee s employees or staff based at MYR, who permitted to park on the interior of the security fence (i.e. on the ramp). Vehicles are not permitted RFP# July 9, 2015 Page 31 of 58