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HomeMy WebLinkAboutCONTRACT FOR AIRPORT ADVERTISING AGENCY BETWEEN AUGUSTA GA AND HALL MARKETING INC FOR THE AUGUSTA REGIONAL AIRPORT 933 G E O R G I A CONTRACT FOR AIRPORT ADVERTISING AGENCY BETWEEN AUGUSTA, GEORGIA AND HALL MARKETING, INC. FOR THE AUGUSTA REGIONAL AIRPORT This Contract made and entered into this 09 8 day of 2014, by and between Augusta, Georgia, (hereinafter referred to as the City) a political subdivision of the State of Georgia, acting through the Augusta Aviation Commission whose address is 1501 Aviation Way, Augusta, Georgia 30906 -9600, and Hall Marketing, Inc., (hereinafter referred to as the Consultant) a Georgia corporation whose address is 519 Blackburn Drive Martinez, GA, 30907. WHEREAS, the Augusta Regional Airport Aviation Commission (Aviation Commission), which operates the Augusta Regional Airport at Bush Field (Airport), desired to retain the services of a full service advertising agency to provide counsel, perform market research, to develop a comprehensive integrated marketing strategy and to produce a multi- faceted advertising campaign to support the mission of the Airport and the Aviation Commission; and WHEREAS, the mission of the Airport is to serve as the commercial service airport for Augusta and the Central Savannah River Area (CSRA) providing a customer friendly transportation experience; and WHEREAS, The Airport also facilitates and supports the growth of related industry to strengthen the economic base located at the Airport; and WHEREAS, received proposals from several qualified firms in response to its Request for Proposal (RFP); and WHEREAS, after reviewing the proposals the Airport determined it would be in its best interest to enter into a Contract with Consultant to provide these services; and WHEREAS, the Consultant has represented to the Airport that it has knowledge and experience in the CSRA travel and tourism market; and WHEREAS, on ,� 8 wed' , 2014, the Augusta Richmond County Board of Commissioners approved the solicitation of these services for the Airport. Contract for Airport Advertising Page 2 of 31 STATEMENT OF CONSIDERATION NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and the City, intending to be legally bound, do hereby covenant and agree as follows: ARTICLE I SCOPE OF SERVICES TO BE PROVIDED 1.1 Consultant is authorized to purchase advertising space, time, services and materials. Consultant understands its authorization shall be subject to the budgets, plans, policies and terms as approved by the Airport. 1.2 Consultant may, after receiving written authorization from Airport, execute standard contracts and order forms that are used in the advertising industry to purchase advertising. 1.3 Consultant may provide marketing for special events, community outreach projects and other marketing tasks as assigned by the Airport. 1.4 Consultant may provide the Airport with facilitation and assistance with Strategic Plan creation and implementation. 1.5 Consultant will provide Integrated Marketing Program development and implementation. The Program might include, but not be limited to the development of, detailed annual media plan, public relations campaign, multi -media advertising (design, produce, and buy), website design and marketing, and direct marketing. 1.6 Consultant shall facilitate the development and implementation of a comprehensive and cohesive marketing and outreach strategy to help build the brand and identity of the Airport in order to foster economic development through the marketing of Airport properties to prospective industries and businesses. Contract for Airport Advertising Page 3 of 31 1.7 Consultant shall provide consultation and creative support in order to reinforce the Airport's brand positioning, and respond quickly to opportunities that present themselves such as improvements in fares, services or economic development opportunities. 1.8 Consultant shall research opportunities and outreach strategies to develop strategic alliance partnerships in order to expand the Airport's alliance partner base both for air service development and economic development purposes. 1.9 Consultant warrants it has a strong understanding of design, branding, economic and commercial development, the Airport and the challenges and opportunities that face the Airport. 1.10 Consultant warrants is has the ability to develop a complete marketing, branding and communication strategy that draws upon the strengths of the Airport and its available property. ARTICLE II GENERAL CONDITIONS 2.1 Contract Term. The initial term of this Contract will commence upon the date of execution and will continue in effect for a period of three (3) years. This Contract may be renewed for two (2) additional one (1) year options upon mutual consent of both parties with all terms and conditions remaining the same. 2.2 Termination. The City may terminate this Contract any time for breach of contractual obligations by providing written notice of such cancellation. Should the City exercise its right to cancel the Contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation. Furthermore, the City may terminate this Contract at any time upon the giving of written notice as follows: a) In the event that the Consultant fails to discharge any obligations or remedy any default or breach under this Contract for a period continuing more than thirty (30) days after the providing written notice specifying such failure or Contract for Airport Advertising Page 4 of 31 default and that such failure or default continues to exist as of the date upon which such notice so terminating this Contract is given; or b) In the event that the Consultant makes an assignment for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor's moratorium; or c) In the event that appropriate and otherwise unobligated funds are no longer available to satisfy the obligations of Airport. 2.3 Work Authorization. Each assignment performed under Article I will be initiated upon the specific written or verbal request and authorization of the Airport. ARTICLE III AIRPORT RESPONSIBILITIES 3.1 Basic Data Provided By the Airport. The Airport will assist the Consultant in obtaining such data and information as are needed and available. 3.2. Airport Representative. To expedite the undertaking of services performed under this Contract and to permit the coordination of materials, commitments, and correspondence, the Airport will designate a specific staff member as its representative to whom all correspondence, materials, and requests for conferences and information will be directed. The Airport designates Diane Johnston, Director of Marketing, (706) 796 -4002, as its representative to whom all correspondence should be directed. ARTICLE IV CONSIDERATION /FEES Airport shall pay to Consultant the fees and expenses as set forth on Exhibit A attached hereto (the "Rate Schedules "). The rates as set forth in Exhibit A shall be in effect for the duration of Contract for Airport Advertising Page 5 of 31 this Contract. fees d ltanvr will be determined either The on the actual to be paid time and to Consu materials t expenfor ded ser ices on the work under this or on Cont a act per projec basis, depending on the nature of the assignment requested and will be subject to the Airport's acceptance and approval for each assignment. ARTICLE V REPRESENTATIONS AND WARRANTIES OF CONSULTANT Consultant hereby represents and warrants to the Airport as follows: 5.1 The Consultant warrants that it has knowledge and experience in the CSRA travel and tourism market; knowledge and experience in marketing airports or other travel /tourism products; experience in integrated marketing program development and implementation; working knowledge and success with consumer branding and effective advertising; a proven record in facilitation and designing strategic plans and comprehensive resources in the area of experience, expertise, creative talent and manpower, as well as the necessary systems to provide the required services and programs. 5.2 Due Authorization and Binding Obligation. This Contract has been duly authorized, executed and delivered by Consultant and constitutes a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, except to the extent its enforceability may be limited by (i) applicable bankruptcy, reorganization, moratorium or similar laws affecting enforcement of creditors' rights or remedies generally, (ii) general equitable principles concerning remedies, and (iii) limitations on the enforceability of rights to indemnification by federal or State laws or regulations or public policy. 5.3 No Conflict. To its knowledge, neither the execution nor delivery of this Contract by Consultant, nor the performance by Consultant of its obligations hereunder (i) conflicts with, violates or results in a material breach of any law or governmental regulation applicable to Contract for Airport Advertising Page 6 of 31 Consultant, (ii) conflicts with, violates or results in a material breach of any term or condition of any order, judgment or decree, or any contract, agreement or instrument, to which Consultant is a party or by which Consultant or any of its properties or assets are bound, or constitutes a material default under any of the foregoing, or (iii) constitutes a default under or results in the creation of, any lien, charge, encumbrance or security interest upon any assets of Consultant under any agreement or instrument to which Consultant is a party or by which Consultant or its assets may be bound or affected. 5.4 No Approvals Required. No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution and delivery of this Contract by Consultant or the performance of its obligations hereunder, except such as have been duly obtained or made. 5.5 Financial Condition. There has been no material adverse change in the financial condition of Consultant that would impair the ability of Consultant to perform its obligations under this Contract. 5.6 No Collusion. Consultant's Proposal is genuine and not collusive or a sham. Consultant has not colluded, conspired, connived or agreed, directly or indirectly, with any other person, to put in a sham proposal, or to refrain from proposing, and has not in any manner, directly or indirectly, sought, by agreement, collusion, communication or conference with any person, to fix the prices of Consultant's proposal or the proposals of any other person or to secure any advantage against any person interested in this Contract. 5.7 Information Supplied By Consultant. The information supplied and representations and warranties made by Consultant and in all submittals made in response to the RFP, including Consultant's Proposal, and in all post - proposal submittals with respect to Consultant (and, to its knowledge, all information supplied in such submittals with respect to any subsidiary or Contract for Airport Advertising Page 7 of 31 subcontractor) are true, correct and complete in all material respects. Consultant's Proposal does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein, or necessary in order to make the statements therein not misleading. 5.8 Ethics: Gratuities and Kickbacks. Neither Consultant, any subsidiary, or any agent or other representative of Consultant has given or agreed to give, any employee or former employee of the Airport or any other person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a procurement requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any procurement requirement or a Contract or subcontract, or to any solicitation or proposal for a Contract or subcontract. Notwithstanding any other provision hereof, for the breach or violation of this representation and warranty and upon a finding after notice and hearing, the City may terminate this Contract. 5.9 Contingent Fees. Consultant has not employed or retained any company or person, other than a bona fide employee working for it to solicit or secure this Contract; and Consultant has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of these representations and warranties and upon a finding after notice and hearing, the City may terminate this Contract and, at its discretion, may deduct Contract for Airport Advertising Page 8 of 31 from fees or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration. 5.10 Existence and Powers. Consultant is a corporation duly organized and validly existing under the laws of Georgia and is duly qualified to do business in the State of Georgia, with full power, authority and legal right to enter into and perform its obligations under this Contract. ARTICLE VI TERMINATION 6.1 The City may terminate this Contract upon thirty (30) days written notice to the Consultant for any reason whatsoever at its sole discretion. The Aviation Commission shall upon invoice, pay for all service rendered to the date of termination as provided for herein. 6.2 The City shall have the right to terminate this Contract for a violation of the terms hereof, at any time after thirty (30) days notice, other such other time period as set forth in such notice, has been given to the Consultant and unless corrective action has been taken or commenced within said thirty (30) day period and thereafter diligently completed. 6.3 The City shall have the right to terminate this Contract immediately upon or after any of the following: 6.3.1 Assignment for Creditors: The Consultant makes a general assignment for the benefit of creditors. 6.3.2 Bankruptcy: The Consultant files a petition for relief as a debtor under any Article or chapter of the Federal Bankruptcy Code, as amended from time to time. 6.3.3 Receivership: A receiver, trustee, or custodian is appointed for all or substantially all of the assets of the Consultant in any proceeding brought by or against the Consultant, or the Consultant consents to or acquiesces in such appointment. Contract for Airport Advertising Page 9 of 31 ARTICLE VII MCLANEOUS PROVISIONS 7.1. Consultant will promptly observe and comply with applicable provisions of all published , st and local IS laws, rules and regulations which govern or apply to the services rendered y Consultant herein or to the wages paid by Consultant to its employees. 7.2. Consultant federal will procure and keep in force during the term of this Contract all necessary licenses, registrations, certificates, permits, and other authorizations as are required herein. 7.3. All reports, documents, data bases, commercials, and other deliverable products produced by Consultant for sole purposes of the Airport under the terms of this Contract will at all times be the exclusive property of the Airport. 7.4 Governing Law. This Contract and any questions concerning its validity, construction or performance shall be governed by the laws of the State of Georgia, irrespective of the place of execution or the place or places of performance. 7.5 Counterparts. This Contract may be executed in more than one counterpart, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. 7.6 Severability. In the event that any part, provision or term of this Contract shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Contract or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Contract shall, as so amended, modified, supplemented, or otherwise affected by such action, remain in full force and effect. Contract for Airport Advertising Page 10 of 31 7.7 No Third Party Beneficiary. This Contract is intended to be solely for the benefit of Consultant and the City and their respective successors and permitted assigns and is not intended to and shall not confer any rights or benefits on any Person not a signatory hereto. 7.8 Airport Approvals and Consents. When this Contract requires any approval or consent by the Airport to a Consultant submission, request or report, the approval or consent shall be given by the Airport's Authorized Representative in writing and such writing shall be conclusive evidence of such approval or consent, subject only to compliance by the Airport with the applicable law that generally governs its affairs. Unless expressly stated otherwise in this Contract, and except for requests, reports and submittals made by the Consultant that do not, by their terms or the terms of this Contract, require a response or action, if the Airport does not find a request, report or submittal acceptable, it shall provide written response to Consultant describing its objections and the reasons therefore within thirty (30) days of the Airport's receipt thereof. If no response is received, the request, report or submittal shall be deemed rejected. 7.9 Notices and Authorized Representatives. All notices, consents, approvals or communications required or permitted hereunder shall be and may be relied upon when in writing and shall be (i) transmitted by registered or certified mail, postage prepaid, return receipt requested, with notice deemed to be given upon receipt, or (ii) delivered by hand or nationally recognized courier service, or (iii) sent by facsimile transmission with confirmed receipt thereof, with a hard copy thereof transmitted pursuant to (i) or (ii) above. All such notices, consents, approvals or communications shall be addressed as follows: For Airport/City: Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30909 Attn: Diane Johnston, Director of Marketing Contract for Airport Advertising Page 11 of 31 With a Copy to: General Counsel 501 Greene Street Augusta, GA 30901 For Consultant: Hall Marketing, Inc. 519 Blackburn Drive Martinez, Georgia 30907 Attn: 7.10 Nondiscrimination. During the performance of services under this Contract, Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. Consultant will take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action will include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 7.11 Indemnification. Consultant hereby agrees to hold harmless, indemnify and defend the City, the Airport, its members, elected officials, officers and employees, against any claim, action, loss, damage, injury (whether mental or physical, and including death to persons, or damage to property), liability, cost and expense of whatsoever kind or nature including, but not by way of limitation, attorneys' fees and court costs, caused by negligent acts or acts of commission or omission by Consultant its officers, employees, sub- consultants, or other representatives. 7.12 Federal Requirements. Funding for this Contract may include federal funds provided by the U.S. Department of Transportation (DOT) and /or other federal agencies. All DOT Contract for Airport Advertising Page 12 of 31 funded projects are subject to the requirements of 49 CFR Part 26; additionally some federally funded projects may be subject to 49 CFR Part 23. These requirements are mandatory and non - negotiable. Augusta enforces Disadvantage Business Enterprise (DBE) requirements and /or DBE goals set by Federal and /or State Agencies in accordance with State and Federal laws. Consultant acknowledges that the U.S. District Court for the Southern District of Georgia has entered an Order enjoining the Race -Based portion of Augusta, Georgia's DBE Program. Thus, Augusta, Georgia does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the source of funding. 7.13 Compliance with laws: The Consultant shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or City statute, ordinances and rules during the performance of any contract between the Consultant and the City. Consultant shall also provide, pay for, and maintain with companies, reasonably satisfactory to the City, the types of insurance as set forth in the Augusta- Richmond County Code, and Georgia law as the same may be amended from time to time. 7.14 Independent Contractor. The Consultant shall act at all times as an independent contractor, not as an agent of the City or Airport; and shall retain control over its employees, agents, servants and subcontractors. 7.15 Assignment and Subcontracting. The Consultant shall not sell, convey, transfer, mortgage, subcontract, sublease or assign this Contract or any part thereof, or any rights created thereby, without the prior written consent of the City. Any assignment or transfer of this Contract or any rights of the Consultant hereunder, without the prior written consent of the Contract for Airport Advertising Page 13 of 31 City shall be invalid, and shall convey to the City the right to terminate this Contract at its sole discretion. 7.16 Choice of law and venue. This Contract shall be performable and enforceable in the Superior Court of Richmond County, Georgia, and shall be construed in accordance with the laws of the State of Georgia. Consultant by execution of this Contract specifically consents to jurisdiction and venue in the Superior Court of Richmond County and waives any right to contest same. 7.17 Invalid Provisions: If any covenant, condition or provision contained in this Contract is held to be invalid by any Court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenants, conditions or provisions contained in this Contract; provided, that the validity of such covenant, condition or provision does not materially prejudice either the Airport or Consultant in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Contract. 7.18 Waivers. Failure by the City to insist upon the strict performance by the Consultant of any of the terms herein contained shall not constitute a waiver of the City's right to thereafter enforce any such term, but the same shall continue in full force and effect. The exercise of any right to terminate arising under this Contract shall not operate to deprive the City of any co- existing right to seek damages or other remedies arising from the default of the Consultant. 7.19 Entire Agreement. This Contract constitutes the entire agreement between the parties and will supersede and replace all prior agreements or understandings, written or oral, in relation to the matters set forth herein. Notwithstanding the foregoing, however, Consultant hereby affirms the completeness and accuracy of all of the information provided by it in its proposal to the City in pursuit of this Contract. Contract for Airport Advertising Page 14 of 31 IN WITNESS WHEREOF, the Parties have executed this Contract as of the day and year written above. AUGUSTA AVIATION COMMISSION HALL MARKETING, INC. Douglas Lively, Chairman Printed Name Printed Name Title Title AUGUSTA RICHMOND COUNTY, GEORGIA BY: David S. Copenhaver, Mayor ATTEST: CLERK OF COMMISSION ATTEST: CLERK Contract for Airport Advertising Page 15 of 31 EXHIBIT A COST PROPOSAL RFP14 -162 AIRPORT MARKETING AGENCY COST PROPOSAL HALL MARKETING BIOS HOURLY CHARGES ON A PROJECT BASIS ONLY. NO HIDDEN FEES. Unlike other agencies, the great majority of Hall Marketing's revenuers generated from the media discount we receive in the form of a 15% agency commission. In this context, there is no cost to our clients. our company concept Is to maintain a sufficient number of clients to support ourselves primarily with this traditional 15% discount agencies receive from the media - not sky high production charges, fees and markups, Other agencies, without an adequate client base sometimes rely on production charges, fees and markups to support their efforts. This has no benefit to you, the client. While we value and produce high quality production work, our main focus is to keep as much of our advertising and marketing investment in media that reaches our target customers. FLAT PROJECT BUDGETS are established in advance and approved in advance based on the price structure that follows. Marketing Strategy $110 per hour Project Supervision 5100 per hour Creative Services 595 per hour Production 595 per hour Event Planning it PR $95 per hour Clerical $30 per hour Project Coordination $50 per hour PLEASE NOTE THAT WE HAVE MAINTAINED THE SAME RATES FOR THE AIRPORT SINCE 2004, Page 16 of 31 Contract for Airport Advertising EXHIBIT B REQUIRED SUBMITTALS al I. t I C, 1 A Attachment B YoL. i-st Complete antiArtum al 3 pisaptq Atteci wit!, Y Su brniWA DOC vtr■ tilt stunt acNotarJFem Aousta, George AJg,ist;', Prziwremerit Departruunt ATTN. Procurement Director 530 Greene Stmet, Suite 605 Augusta Georgia 30901 Named eidde.' Ai 4r Li_ tr Adiress t eau 33,- v CO, State Zip Cade ki) 7 c.c, r &Melt. tuttlet fc.t.tat8tk . - • C-- Da Yu Have A Bu.siness License? yes 4,1 _ Business License re for your Company (auur Provide): O 3 0 Fr' Company nur 1c hest In the (loonn enlry 1 ertere cc the maitrty at their 134,Gm& 11 yaw ocvernmsnto berry laters ct 1 ..W.$ 1 }&•$$ nat 1, L'quire a ba I$ro, mPalYw 1 * , eritned to &Cain $ nciunev Cowry t lioeme 4 ingaVte a riiilt*PO4P1:1 00 ink:enact wnit5e Wet. icertse irtd Iruenteliein Deparrna44g 708312 Lis,1 StattSile it County that issued your accuse: - , F• V114. - Cot t‘rn f.1 Irtor,atigemcnt Atkte nd; (01) t tte,t) t/ 03) (e5) etej_ T el*C- A 0.._..A0PRATE P.MBENIPAgatii0:211..N.UNDEA5A‘S Statement of Non.Don The undersigned uneerstands thal t rit the poky of Augusta. Georgia to promote full and equal business opporlundy for all tersonS doing business with Augusta, Georgia The undersigned covenants that we have mot risnimirriated. nn the txasis of race, religion, gender national origin, or ethnicity, with regard to pnme contracting s.ubcontracting. or partnering opportunaies The undersigned covenants and agrees 110 make good faith efforts to ensure maximum practicable participation of local mat businesses on the bid or contract awarded by Augusta, Georgia. The ureiersigned further covenants that we have completed truthfully and fully the required forms regardhg good faith efforts and bear small business subtontractornsupplier utikzation The undersigned further covenants and agrees not to engage in discrimnatory conduct of any type against local small laiarresses, in conformity with Augusta, Georma's Local Small Bate Opportunity Program. Set forth beow is the signature of an officer of the bidding/contractmg entity Mtn the authority to bind the entity. The undersigned acknowledge aria warrant that Ms Company has been made aware of understands arsJ agrees to take affirmative action to peovide such companies with the maximum practicable opportunities th do business Win MIS CLIMPontr That this promise of non-discrimination as merle and sot holt heroin shall be continuing in nature and shall remain in Jut force and effect without Interruption; Thal the promises of non-discrottnabon as made and set forth herein shall be and are hereby deemed to be made as pan of an inmporatect by refe info any contract or pardon thereof which this Company may hereafter obtain and; That the failure af this Company la satisfactorily discharger any of the promises of nordscrimination as made and sal forth herein shaf Constittrte a material breach of contract emit/ ng Augusta. Georgia to decare the contract in default and to exercise any and all applicable eights remedies including but not limited to canceristion of he contract termination o' the contract, suspension and debarment from future contract.ng opportunities, and withholding and or forfeiture of compensation Na and owing on a contract. pup 14 52 Anxt:Vlantente Agm,:v Pewit 14 Page 17 of 31 Contract for Airport Advertising Attachment B - Page 2 of 3 Non - Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, t to t bt s knowledge and belief: (a) The prices n the proposal have been arrived pen at independently tha without collusion consultation, comm unications, or agreement, for the purpose of restricting competition es , as of to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor, or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership, or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment, or consideration. You Must Complete and Return all 3 pages of Attachment 8 with Your Submittal. Document Must Be Notarized. RFP 14 -162 Airport Marketing Agency Page 19 of 34 Contract for Airport Advertising Page 18 of 31 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- Verify*User Identification Number (Company I.D.) on or after July 1, 2008. For additional information or to enroll your company, visit the State of Georgia website: https: / /e verifv.uscis.xiov /enroll/ and /or http:// www .dol.state.ga.us/pdf /rules/300 10 1.pdf * * E- Verify * User Identification Number (Company I.D.) 3 J tF 0 (0 9 NOTE: £VERIFY USER IDENTIFICATION NUMBER (COMPANY LD.) MUST BE PROVIDED: IN ADDITION, THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING (MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta, Georgia Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be dee meddnon- compliant if any part of this process is violated. ( 7'I A 1l / / 4 ag.Ker rft 5 ytcL l ..�...a Corn y Name ` Gp1EL O Z On 11 �. Q ?N 4 ''< + r BY: Authorized Officer or Agent i / ' 4 R � , i t (Contractor Signature) ° J n • A i 0 Title of Authorized Officer or Agent of Contractor 'St a ;;« o? : �� y �� t o Al a:4 f4R l--- 1 � �Y> O� Printed Name of Authorized Officer or Agent e SU c : • RIBED A li BEFO - ME ON THIS TH ' DAY OF S ijn e. , 20)/ r 1 r, ..... _f__ NOTARY SEAL Pu: is ow/ My Commission Expires: ,2 1 x 2.01 I p You Must Compete and Return ail 3 pages of Attachment 6 with Your Submlttsl. Document Must Be Notarized. Rev. 8 /15/2011 RFP 14-162 Airport Marketing Agency Page 20 of 34 Contract for Airport Advertising Page 19 of 31 G E O R G 1 A You Most Complete and Return with Your Submittal. Document Must Be Notarized Systematic Alien Verification for Entitlements (SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract, or other public benefit as reference in O.C.G.A. Section 50 -36 -1, I am stating the following with respect to my bid for an Augusta, Georgia contract for RF-P 0.6pn *i tai -1 41, -por4- /1'i+tRkrni r4 e i fB!d/RFP /RFQ Protect Number and Project Name., -- bonne_, 14& (Print/Type: Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity) 1 tfi l_L. hrlA2 le67 - l Inc. [Print/Type: Name of business, corporation, partnership, or other private entity) 1.) I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act (8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States. In making the above representation under oath, l understand that any person who knowingly and wilfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16 -10-20 of the Official Code of Georgia. /lc. .Ct Signature of Applicant 0 0OA 4 /t L4 Printed Name * Alien Registration Number for Non - Citizens EL 0 SU B/ AND S - N BEFORE M% N THIS THEL DAY OF�� T /Q ! ;0 :r47 'u.lic • i • , --��"" > / auBL�0r My Commission Expires: (J✓ J 2 , 2 "/ �Q � '! � � Note: THIS FORM MUST BE RETURNED WITH YOUR SUBMITTAL (�C4 c sO Rev. 9/25/2012 RFP 14 -162 Airport Marketing Agency Page 21 of 34 Contract for Airport Advertising Page 20 of 31 EXHIBIT C STAFFING AND EXPERIENCE WHO WE ARE Hall Marketing, Inc. 519 Blackburn Drive 706 - 869 -8180 Martinez, GA 30907 Donna Hall, 706 - 869 -8180 Corporation: Private Hall Marketing, Inc. is a full - service Advertising and Marketing Agency founded in 1988 by John and Donna Hall. During the past 26 years, we have established a model reputation for account service and marketing expertise that is unmatched in our area - a reputation supported by a proven record of . marketing success in the southeast. Our clients honor us with their business. To reward their trust, we vow to provide the absolute best marketing representation possible in today's demanding advertising environment. To that end, we are constantly expanding our capabilities and, as technology progresses, upgrading our existing services. We are constantly evaluating the Internet and Social Media to see what level of commercial benefit it can provide our clients. We also strive to work with local vendors and subcontractors in order to maximize benefit to our community and economy. Our team includes a full complement of talented members who are responsible for Strategic Marketing Plan Development, Creative Design & Mutli -Media Placement, Public Relations Campaigns, Social Media Marketing, Management & SEO, Website Design & Hosting, and Direct Mail Marketing. With over 150 years of collective marketing and advertising experience, the expertise and diverse background of our team offers a broad range of proficiencies. The Hall Marketing team is proud to provide strategic marketing consulting services, including planning and implementation, to some of the most successful companies - large and small - in South Carolina and Georgia. This includes the Augusta Regional Airport. 4 Contract for Airport Advertising Page 21 of 31 KNOWLEDGE & EXPERIENCE: MARKETING AIRPORTS Augusta Regional Airport In 2004 and 2009, the Augusta Aviation Commission contracted Hall Marketing to help develop and implement integrated marketing plans with the goal of increasing enplanements and supporting the Airport's internal efforts to position AGS as an attractive destination for low fare carriers. Building on the existing slogan, Fly There, Fly Home, Hall Marketing created and implemented a variety of advertising campaigns and PR programs designed to build brand loyalty while promoting the value of flying from "your hometown airport ". Since its inception, Hall Marketing has been developing integrated marketing strategies, negotiating rates and placing media buys for scores of businesses and organizations throughout the CSRA and in other markets across the country, and we have been placing media buys for the Augusta Regional Airport every month consistently since 2004. Hall Marketing has written and produced nearly 100 individual commercials for the Augusta Regional Airport varying in theme and target, and maintaining a consistent brand with a goal of increasing enplanements. Hall Marketing has worked hard to preserve the continuity and consistency of your advertising message while reacting quickly to low fare opportunities, specific airline plans and service improvements as needed. At the same time we established, stabilized and maintained a positive public image for the airport. Notably, through advertising and event planning & execution, we supported the airport through the monumental phases of constructing the beautiful, new terminal. In addition, we have always been good stewards of the airport's advertising and marketing budget by making sound, efficient media investments and keeping production costs as low as is possible. Hall Marketing currently serves on the Augusta Regional Airport Art Committee. This committee seeks out, evaluates and secures various public art, performing arts and temporary & rotating exhibits for display and /or performances in the main terminal and FBO. These experiences position Hall Marketing as the most valuable marketing resource for the airport. Not only have enplanements increased significantly, but with our extensive knowledge of your history, the new facility, your systems, procedures, assets and needs, Hall Marketing is uniquely qualified to offer consistency, convenience, commonality, quality and the economy of smooth and efficient service. 5 Contract for Airport Advertising Page 22 of 31 KNOWLEDGE & EXPERIENCE: DEVELOPING & MARKETING COMMERCIAL PROPERTIES Hall Marketing has a relationship with Jordan Trotter Commercial Real Estate as a consulting subcontractor. Jordon Trotter will be an invaluable asset in helping with the future direction and development of the Airport property. TROY JORDAN, Partner, Jordan Trotter Commercial Real Estate Troy has over than 15 years of experience in commercial real estate in the southeastern United States. Previously a Senior Vice President at Blanchard & Calhoun Commercial, he has worked closely with retailers throughout all phases of the development cycle, from site selection to building completion. He has been responsible for the development of notable big box tenants such as Wal -Mart, Home Depot, and Kroger. Jordan has represented a wide variety of retailers and restaurant groups including Aldi, Cracker Barrel, and McDonald's. He is a 1995 graduate of Georgia Southern University, an active member of ICSC and is currently working toward his CCIM designation. DENNIS TROTTER, Partner, Jordan Trotter Commercial Real Estate Dennis has been in all aspects of commercial sales, leasing, and development, covering both Georgia and South Carolina. He served as the Vice President at Meybohm Commercial Properties for 11 years, and has brokered and developed numerous projects for nationally branded users, ranging from single tenant projects to big box and grocery anchored retail developments. He adds value to many types of transactions due to his range of experience. In addition to site selection and brokerage activities, Dennis currently manages the company's preferred developer relationships, including Dollar General Stores. Dennis is a 2000 graduate of Furman University with a degree in Business Administration and is an active member of the International Council of Shopping Centers. 6 Contract for Airport Advertising Page 23 of 31 MEDIA BUYING Media mix is determined on a client -by- client basis. Broadcast and Cable Television • Broad & instantaneous; reaches virtually 100% of the population • Most dramatic and creative - Sight, sound, motion, emotion • Delivers large audience per dollar invested • Target specific age groups through use of different time periods, program and channel formats Digital Media • Web site design & development • Search Engine Optimization (SEO) • Pay per Click • Social Media marketing • Google Analytics Radio • Instantaneous message delivery • Opportunity to reach mobile population • Very selective - can reach different audiences with different formats • Local promotional merchandising opportunities usually possible Newspaper • Reach is broader among older adults • Good message opportunity - Allows detailed copy • Strong local identification - Sense of immediacy • Geographically flexible through use of "zoned editions" Outdoor • Good for simple message • Cost - efficient • Geographic flexibility • High reach and very high frequency potential in a short period of time • Opportunity to reach a mobile population • Ads create visual impact due to size • Ever present, cannot "turn it off" • Directional information to business location Miscellaneous • Direct Mail • Magazine • Signage, etc. 24 Contract for Airport Advertising Page 24 of 31 NM 10. MEDIA BUYING MEDIA RELATIONS & PUBLIC RELATIONS Hall Marketing has a successful relationship with the local media to include news directors, sales managers and general managers in both electronic and print mediums. We work with a variety of clients whom we assist with Public Relations by writing and delivering Press Releases and arranging for appearances on local newscasts, etc. We also arrange product premiere parties and events and Grand Opening parties and events. We establish goals for publicity campaigns, and thoroughly review all client material prior to developing a strategy that will best meet those objectives and fit the client's budget. MARKETING & ADVERTISING SERVICES • Corporate & Product Branding • Integrated Marketing Plans — Media Strategy & Creative Strategy Logo Design, Brochures, Catalogs & Flyers Social Media Marketing, SEO & Google Analytic • Newsprint & Magazine Ads Billboard & Transit Ads Television & Radio Commercials Customized Jingle Packages, 2D & 3D Animation Direct Mail Campaigns • Special Promotions & Event Planning Trade Show Booths, Displays & Staging Annual Reports & Newsletters • Banners, Signs & Posters • Digital CD /DVD Writing & Duplication • Copy Writing & Editing • Photography & Illustration • Promotional Videos • Specialty & Promotional Advertising MEDIA SERVICES • Planning & Research • Negotiation, Buying/Placement • Post -Buy Analysis PUBLIC RELATIONS • Media Relations & News Conferences Feature Press Releases, Web Releases & Distribution Announcements of New Products & Services • Cause - Related Marketing & Crisis Management • Directory Listing • Reputation Management RESEARCH At Hall Marketing "research" is the order of the day, all day, everyday. That allows us to provide timely information to you in any market creating the potential for increased enplanements, raised revenue and a greater market share. 25 Contract for Airport Advertising Page 25 of 31 COMPREHENSIVE RESOURCES: U CES. SUBCONTRACTORS In addition to the aforementioned real estate, and travel & tourism subcontractors, here is a representative list of subcontractors with whom we frequently partner. PRODUCTION A tomic Studios (formerly Seigler HD), North Augusta, SC Open Road Productions, Florence, SC Broadcast TV Stations & Comcast Cable, Augusta, GA & North Augusta, SC Studio South, Augusta, GA bluwave PRODUCTIONS, Augusta, GA & Jacksonville, FL PRINTIN Phoenix Printing, Augusta, GA • Augusta Press Tech, Augusta, GA ON- CAMERA TALENT & MODELS Harvest Talent, Columbia, SC Dysart MTC, Augusta, GA Various Internet voice talent resources Local actors and local voice talent: Augusta Players Augusta Mini Theatre WEB DESIGN /SOCIAL MEDIA MARKETING /SEO /GOOGLE ANALYTICS CWR Digital Powerserve International ANIMATION & ILLUSTRATION Brian Stewart — 2D, 3D Animation, Artwork & Illustration bluwave PRODUCTIONS PHOTOGRAPHY Will Tullis, Augusta, GA Tim Conway, Augusta, GA Frank Lazenby, Augusta, GA REAL ESTATE ATTORNEYS Jim Trotter David Jones Keith Johnson - William A. Trotter 26 Contract for Airport Advertising Page 26 of 31 COMPREHENSIVE RESOURCES: MEET THE TEAM As you see below, our team has the experience to serve all your marketing needs, and to serve the changing economic development needs of the Augusta Regional Airport, we have formed a partnership with Jordan Trotter Commercial Real Estate. JOHN HALL, President / Marketing Director After serving a six -year tour of duty in the US Army, John made Augusta his home in 1964. He began his advertising career at WBBQ radio in 1966. After 21 years in radio advertising sales, John hung up his rock'n roll radio shoes, and along with his wife Donna, opened Hall Marketing in 1988. He has successfully made Hall Marketing one of the largest and best full service advertising agencies in the CSRA. DONNA HALL, Vice - President / Public Relations Director Donna joined WBBQ radio in 1979 as Traffic Director. In 1988, she and John Hall opened Hall Marketing. Donna has put her media skills and marketing savvy to work every day. She has supervised and produced hundreds of advertising campaigns, contributing to the growth of one of the most successful advertising agencies in the area. Donna serves as a member of the Augusta Exchange Club and is a past - President of The Augusta Players. Donna serves as your Account Executive responsible for the Airport's day -to -day account service including the direction and supervision of all media and creative strategies, advertising tactics, media negotiations, special events and public relations. MICHAEL BULTMAN, Executive Vice - President / Media Director Michael brings over thirty years experience in marketing and advertising to the team. A graduate of the University of South Carolina- Aiken, he holds a Bachelor of Science Degree in Business Administration with concentrations in Marketing and Management. Michael joined the Hall Marketing team in 1994 with expertise in many areas of the operation including sales, client service, media buying, graphic design, web design and audio production. He has written and produced hundreds of radio commercials over the years. Michael serves as your Media Buyer and is responsible for the planning and execution of media schedules and media placement. Michael also manages controls on your advertising budget on a day - to -day basis. (Continued) 27 Contract for Airport Advertising Page 27 of 31 Contract for Airport Advertising Page 28 of 31 COMPREHENSIVE RESOURCES: MEET THE TEAM MJ TRIEBOLD, Project Manager / Public Relations Coordinator MJ joined Hall Marketing in 2005. A University of South Carolina -Aiken graduate, she holds a Bachelor of Arts Degree in English and Journalism. MJ spent over 20 years in the travel and tourism industry in Savannah, GA, Hilton Head Island, SC and Charleston, SC. She has both public and private advertising experience, served on Chamber of Commerce Travel and Tourism Committees in both Georgia and South Carolina and holds certification as a Certified Hospitality Sales Professional (CHSP). In 1999, she was awarded National Sales Professional of the Year by Holiday Inn Corporate. She has assisted with many special events for the Airport over the years. MICHELE WHEELER, Graphic Designer / Art Director With over twenty years experience in graphic design, photography and web design, Michele joined the creative team at Hall Marketing in April 2001 as the Art Director and Graphic Designer for all print projects, many award winning. She is a graduate of Savannah College of Art & Design and holds a Bachelor of Fine Arts Degree in Graphic Design. SABRINA TROUP, Administrative Manager / Account Executive In February 2007, Sabrina joined Hall Marketing, bringing a strong work ethic and over twenty years experience in customer service and billing. She is an honors graduate of Augusta College and holds a Degree in Applied Sciences. Sabrina is responsible for the day -to -day administrative duties on the Airport account. She also assists in account service with research and development of community outreach and public relations opportunities. 28 Contract for Airport Advertising Page 29 of 31 WHO WE ARE Hall Marketing, Inc. 519 Blackburn Drive 706 - 869 -8180 Martinez, GA 30907 Donna Hall, 706 - 869 -8180 Corporation: Private Hall Marketing, Inc. is a full - service Advertising and Marketing Agency founded in 1988 by John and Donna Hall. During the past 26 years, we have established a model reputation for account service and marketing expertise that is unmatched in our area - a reputation supported by a proven record of marketing success in the southeast. Our clients honor us with their business. To reward their trust, we vow to provide the absolute best marketing representation possible in today's demanding advertising environment. To that end, we are constantly expanding our capabilities and, as technology progresses, upgrading our existing services. We are constantly evaluating the Internet and Social Media to see what level of commercial benefit it can provide our clients. We also strive to work with local vendors and subcontractors in order to maximize benefit to our community and economy. Our team includes a full complement of talented members who are responsible for Strategic Marketing Plan Development, Creative Design & Mutli -Media Placement, Public Relations Campaigns, Social Media Marketing, Management & SEO, Website Design & Hosting, and Direct Mail Marketing. With over 150 years of collective marketing and advertising experience, the expertise and diverse background of our team offers a broad range of proficiencies. The Hall Marketing team is proud to provide strategic marketing consulting services, including planning and implementation, to some of the most successful companies - large and small - in South Carolina and Georgia. This includes the Augusta Regional Airport. 4 Contract for Airport Advertising Page 30 of 31 1 WHO WE ARE Hall Marketing, Inc. 519 Blackburn Drive 706- 869 -8180 Martinez, GA 30907 Donna Hall, 706 - 869 -8180 Corporation: Private Hall Marketing, Inc. is a full- service Advertising and Marketing Agency founded in 1988 by John and Donna Hall. During the past 26 years, we have established a model reputation for account service and marketing expertise that is unmatched in our area - a reputation supported by a proven record of marketing success in the southeast. Our clients honor us with their business. To reward their trust, we vow to provide the absolute best marketing representation possible in today's demanding advertising environment. To that end, we are constantly expanding our capabilities and, as technology progresses, upgrading our existing services. We are constantly evaluating the Internet and Social Media to see what level of commercial benefit it can provide our clients. We also strive to work with local vendors and subcontractors in order to maximize benefit to our community and economy. Our team includes a full complement of talented members who are responsible for Strategic Marketing Plan Development, Creative Design & Mutli -Media Placement, Public Relations Campaigns, Social Media Marketing, Management & SEO, Website Design & Hosting, and Direct Mail Marketing. With over 150 years of collective marketing and advertising experience, the expertise and diverse background of our team offers a broad range of proficiencies. The Hall Marketing team is proud to provide strategic marketing consulting services, including planning and implementation, to some of the most successful companies - large and small - in South Carolina and Georgia. This includes the Augusta Regional Airport. 4 Contract for Airport Advertising Page 31 of 31 IN N WHEREOF, trti have executed Coact as of the day and year writte above. AUGUSTA AV TION COM MISS es HALL MARthis Contract KETING, I NC. Douglas Live ly / airma Printed Name Printed Name Title Title AUGUSTA RICHlli •Li e 114 IA r ® vt, o 1 Y: e �r !q David S. Co aL�er,' ATTEST: �i '.�A 4 irc+raiZ14 - ' LER' :.•F j4`+ .., IS$,20 4 . ,, _ ATTEST: ca�„�� . ,w ,:- : CLERK Contract for Airport Advertising Page 15 of 31