5-Secondary Internet Service Provider (RFQ 2025-0043).pdf

REQUEST FOR QUOTATION

RFQ 2025-0043

Secondary Broadband Service Provider

Issuance Date: October 21, 2025

Due Date: November 21, 2025, at Close of Business (COB) (5:00 PM EST)

Vendor must fill in the information below:

Company Name:

Address:

City/State/Zip:

Contact Name:

Title:

Contact Phone & Cell:

Fax:

Email: (Point of Contact):

All responses to this RFQ must be submitted through https://savannahairport.bonfirehub.com/ , and will not be accepted via email or mail. In order to provide a response to this RFQ, all respondents must first register their company through the link provided above. Registration is easy and free. Please be sure to select the NAICS codes associated with your business and/or organization. For questions regarding vendor registration or instructions on bid submissions, please contact Melanie Freeman at mfreeman@flysav.com.

It is the sole responsibility of the Vendor to make sure the submitted RFQ is received on time and all required documents. Responses via mail or email are not acceptable.

Christy Dixon cdixon@flysav.com Purchasing Manager Savannah Airport Commission 400 Airways Avenue Savannah, GA. 31408 https://savannahairport.bonfirehub.com/ mailto:cdixon@flysav.com

1.0 INTRODUCTION

1.1 Purpose: The Savannah Airport Commission (SAC) (“the Commission”) hereby invites qualified firms to provide secondary broadband internet services. The selected secondary broadband service provider will be responsible for furnishing all equipment, labor, management, materials, and infrastructure necessary to deliver reliable, secure, and high-quality broadband internet to the Savannah Airport Commission.

1.2 Participation in this RFQ process is at the sole expense of the proposer. Any costs incurred during bid preparation or submission will not be reimbursed by the Commission.

1.3 The specific requirements and technical specifications governing this RFQ are set forth in Section 2.0 of this RFQ. The Commission will award the most responsible and responsive respondent.

1.4 Pre‐Bid Conference: N/A

1.5 Receipt for RFQ and Addenda: All addenda associated with this RFQ will be provided through https://savannahairport.bonfirehub.com/ by the date noted in the RFQ Timeline of this document. All questions must also be submitted through https://savannahairport.bonfirehub.com/, and will not be accepted via email or mail. As required, it is the respondent’s responsibility to ensure that all addenda are acknowledged through submission of the Acknowledgement of Addendum Form.

1.6 Except as otherwise provided herein, all responses which are incomplete or which are not in conformance with the law, may be rejected as non‐responsive. Timely responses received will be subject to applicable laws and regulations governing public disclosure. Submission to this request indicates acceptance by the respondent of the conditions contained in this RFQ, and the intent to enter into an Agreement with the Commission.

1.7 RFQ Submittal: All responses to this RFQ must be submitted through https://savannahairport.bonfirehub.com/, and will not be accepted via email or mail. For questions regarding vendor registration or instructions on bid submissions, please contact Melanie Freeman at mfreeman@flysav.com.

1.8 RFQ Opening: The opening of this RFQ will not be a public opening and will take place at the

Savannah Airport Commission. RFQ information will not be available until after an award has been given. Once an award is made, the awarded Vendor(s) will be notified via email.

1.9 Force Majeure: If by reason of Force Majeure, either party hereto will be rendered unable wholly or in part to carry out its obligations under this Agreement then such party will give notice and full particulars of Force Majeure in writing to the other party within 30-calendar days after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, will be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party will endeavor to remove or overcome such inability with all reasonable dispatch.

1.10 Prices to be Firm: Prices quoted in the RFQ will be firm unless a change of scope or intent of the project is modified by the Commission.

1.11 Project Timeline: N/A

mailto:mfreeman@flysav.com

1.12 Cancellation: In the event of default of the bidder, the contract may be cancelled by SAC with (30) days written notice, unless otherwise specified. The bidder will be given an opportunity to cure the default within the 30‐day written notice period.

1.13 Payment Terms: Payment terms are net 30 days upon receipt of goods and validation of services by the Commission. All invoices must reference the purchase order number and will be addressed to SAC’s Accounting Department @ accountspayable@flysav.com.

The Commission will not provide prepayment for any order.

1.14 Delivery Point: N/A

1.15 Contract PO Document: The Commission will consider its executed Purchase Order (PO) or executed contract between the Vendor and SAC as the primary and binding contract document between SAC and the awarded Vendor.

2.0 SCOPE OF SERVICES

The scope of services associated with the requirements of this RFQ are as follows:

• Bandwidth: 2 Gbps symmetrical scalable to 10 Gbps

• Static IPs: Savannah, GA geolocation – 4-5 assignable IP addresses

• Service Level Agreement: SLA available for connection

• Handoff: SMF Handoff preferred

• Support: 24/7 Support available

3.0 GENERAL REQUIREMENTS:

Terms and Conditions: By signing this document, the Bidder agrees to abide by all the terms and conditions contained in this RFQ. Any exceptions to the requirements of this RFQ, or the SAC terms and conditions of this RFQ will be noted in writing, with detailed explanation, and included with the RFQ submittal by using the attached exceptions sheet. The contractor acknowledges that taking exceptions to this RFQ may subject the response submittal to be rejected.

3.1 Cone of Silence: The bidder will not attempt to discuss any aspects of the request with any other party except for the POC noted in this RFQ. No verbal agreements will be considered during the bid/quote process. The Commission reserves the right to reject the bid/quote of any bidder violating this provision.

3.2 The Bidder will not attempt to discuss any aspects of the request with any other party except for the POC noted in this RFQ. No verbal agreements will be considered during the bid/quote process. The Commission reserves the right to reject the bid/quote of any Vendor violating this provision.

3.3 Supplemental Agreements: N/A

3.4 Discussions and Questions: All addenda associated with this RFQ will be provided through https://savannahairport.bonfirehub.com/ by the date noted in the RFQ Timeline of this document. All questions must also be submitted through https://savannahairport.bonfirehub.com/ , and will not be accepted via email or mail. As required, it is the respondent’s responsibility to ensure that all addenda are acknowledged through submission of the Acknowledgement of Addendum Form.

mailto:accountspayable@flysav.com

3.5 Completeness: All requested information and required forms must be completed, signed, and submitted with this document to constitute a proper bid/quote. The entire package must be returned, complete with all required forms, signature, and information. Failure to complete or comply with any part of the specifications or requirements in this RFQ may constitute a basis of rejection. It is within the rights of the Commission to reject any RFQ submittal in this solicitation document.

3.6 To be eligible for award, Bidders shall be a bona fide wholesale stocking distributor, dealer or manufacturer of the products listed in this bid, with the facilities, personnel and equipment to fulfil all requirements of this solicitation.

3.7 Required Documents/Forms:

(a) Non-Collusion Affidavit: Please complete the form in its entirety.

(b) Local, Small Business/Minority Business Form: If your company does not hold the LSBE designation, please check the box noted as non-applicable. If your company is an LSBE, please complete the form, while also including your LSBE Certificate along with the form in this section. Bidders are not excluded from this opportunity if the entity is not local.

(c) Vendor Certification Form: Please complete the form in its entirety.

(d) Pricing Form: Bidders must provide detailed pricing. Each bidder shall submit a Firm-

Fixed Price (FFP) that must be held firm for a period of ninety (90) days following the closing date of this RFQ. For the purposes of this requirement, the ninety (90) days is defined as the evaluation period during which bid pricing must remain valid and unchanged. Any supplemental pricing documentation may be attached to the pricing sheet, as necessary.

(e) Acknowledgement of Addendum Form: If applicable, please sign and complete the form in its entirety. If there is not an associated addendum with this RFQ, the Addendum Form is not required to be submitted. The form must be submitted if there is an associated addendum. Please note the acknowledgement of multiple addenda on the form if applicable.

(f) References: The bidder must provide three (3) professional references for projects of comparable scope and service requirements that have been completed within the past five (5) years.

3.8 RFQ Procurement Schedule

RFQ Opens Tuesday, October 21, 2025 Questions From Bidders Are Due No Later Than (NLT) 5pm on November 4, 2025 SAC Issues Last Addendum to Answered Questions (if applicable) November 7, 2025 Bidder’s Final Responses Are Due to SAC COB, November 21, 2025 SAC Evaluates Responses November 24, 2025 – January 15, 2026 SAC Makes Contact With the "Successful Bidder" NLT January 27, 2026 SAC Makes Contact With the "Unsuccessful Bidder(s)" NLT January 27, 2026

3.9 Errors: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids/quotes.

Bidders are cautioned not to obliterate, erase, or strike‐over any printed material as set forth in this RFQ. In quoting prices, wherever the bidder has made an error and has corrected, all such corrections should be initialed by the person signing this RFQ. If errors occur in the extension of prices in the RFQ, the unit prices will govern. Failure to comply with this provision may result in rejection of bidder’s submittal. All documents submitted must be legible.

3.10 Changes/Modifications: No changes or modifications will be made to any Savannah Airport Commission forms, or your request may be considered null or void. If changes or modifications are noted by SAC, the bid submitted by the bidder may be rejected.

3.11 Compliance with Laws: The bidder will obtain and maintain all licenses, permits, liability insurance, workman’s compensation insurance, and maintain compliance with any other federal, state, or local requirements during the term of the contract with SAC.

3.12 Specifications: All requirements must be performed and completed per AC 150/5340- 1M and the Airfield Marking Handbook.

3.13 Multiple Request: Depending upon product/service being requested, the bidder may be required to submit more than one RFQ response. Any alternate responses to the RFQ must be brought to the Savannah Airport Commission’s attention and noted on submitted documentation as a separate and alternative request.

3.14 Invoicing: The Commission normally will pay properly submitted bidder invoices within thirty

(30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order (PO) with reference to the PO number and submitted to the correct address for processing.

3.15 Description of Materials: N/A

3.16 Brand Name: N/A

3.17 “OR EQUAL” Interpretation: N/A

3.18 Quality: All items used for the manufacture or construction of any supplies, materials, equipment, or service will be new unless otherwise specified. All materials will be of the best quality, and to the highest grade of workmanship that meets the specs in this document.

Materials or service must comply with all applicable Federal, State, or OSHA requirements.

3.19 Acceptance of Material: N/A

3.20 Default: Any contract made between SAC and the contractor may be cancelled by SAC in whole or in part via written notice, upon the bidder’s non‐performance or violation of contract terms. An award may be made to the lowest quoting bidder for material or services specified, with consideration of lead time and purchases may be made on the open market. The defaulting bidder will be liable for costs to the Commission in excess of the defaulted contract prices. The bidder will continue the performance of this contract to the extent any part is not terminated under the provisions of this clause.

3.21 Guarantee: The bidder will unconditionally guarantee items and workmanship on all services for the bidder’s specified guaranteed period, unless otherwise stated. Within the guarantee period, if any defects occur which are due to faulty items and/or services must be satisfied to the complete satisfaction of the Commission.

3.22 Add/Delete Items: During the term of the contract, items and or services may be added and/or deleted to the contract upon agreement between the successful Bidder and SAC.

3.23 Additional Information: Prior to the final selection, bidders may be required to submit additional information which may be necessary to further evaluate the bidder’s response and/or qualifications. If such information is required, the bidder will be notified and will be permitted approximately seven (7) business days to submit the information requested.

3.24 Reimbursement: The Commission will not reimburse the bidder for any costs associated with the preparation and submittal of any RFQ response, or for any travel and/or per diem costs that are incurred.

3.25 Gratuity: Bidders will not offer gratuities, favors, or anything of monetary value to any official, employee or agent of the Commission as a means of influencing consideration of this RFQ.

3.26 Submitted Material: All requests, responses, inquiries, or correspondence relating to, or in‐ reference to this document submitted by bidders will become the property of the Commission when received. Once an award is made, all excess copies of the bidder’s request may be destroyed.

4.0 SPECIAL CONDITIONS:

4.1 Mandatory Requirements: The Commission has established certain requirements with respect to solicitations to be submitted by Bidders. Whenever the terms “must,” “” or “is” are used in the package, the specifications being referred to are a mandatory requirement.

Failure to meet any requirement(s) may cause rejection of the Vendor’s submittal.

4.2 Tax Exempt: The Commission is exempt from State Sales Tax. If a tax‐exempt certificate is necessary, please contact the SAC Purchasing Department.

4.3 Indemnification: Sellers/Bidders agree for itself and its contractors, subcontractors, suppliers, employees, agents, servants, patrons, customers, visitor and licenses to indemnify, protect, save and hold harmless the SAC, its members, directors, officers, employees, and agents against any expense, loss or liability paid, suffered or incurred, including any environmental fines and/or penalties, as a result of any breach by Seller/Vendor, Seller/Vendor’s agents, servants, employees, patrons, contractors or subcontractors, suppliers, customers, visitors or licenses of any covenant or condition of any agreement with Buyer/SAC or as a result of the seller’s/buyer’s work or a product or service provided by seller/vendor or the seller’s/Vendor’s use, occupancy or presence on SAC’s property or the carelessness, negligence or improper conduct of seller/Vendor, seller’s/Vendor’s contractors, subcontractors, suppliers, employees, agents, servants, patrons, customers, visitors, or licenses. Such indemnification will be to the extent caused in whole or in part by negligent acts or omissions by the Seller/Vendor, its contractors, subcontractors, suppliers, employees, agents, servants, patrons, customers, visitors or licensees. Seller/vendor agrees to defend buyer/SAC from any legal or equitable actions brought against buyer/SAC based on the work or a product or service provided by seller/vendor or the carelessness, negligence or improper conduct of Seller/Vendor, Seller’s/Vendor’s contractors, subcontractors, suppliers, employees, agents, servants, patrons, customers, visitors, or licenses.

4.4 Basis of Award: Any contract awarded as a result of a selection process is to be awarded to the most responsive and lowest bidder whose bid is evaluated to be the most advantageous to the Commission. All other bidder accommodation that best suits the needs of the Commission will also serve as the basis of the award. Vendor availability to seek or exceed SAC’s specifications and requirements will be considered.

4.5 Changes and Alterations: The Commission reserves the right to make any alterations in the RFQ and/or contract as may be necessary due to changing conditions found during the project. The bidder shall not claim forfeiture of contract by reasons of such changes by the SAC representative. If such changes increase or decrease the amount of the work or materials, the bidder will be paid according to the quantity of product delivered at the prices established for such work under the contract. Any alterations or changes that diminish the scope of work or materials shall not constitute a claim for damages or for the loss of anticipated profits. Any alterations from the original job estimate provided by vendor must be submitted in writing and must be approved by the designated SAC Representative.

4.6 Statutory Affidavit: N/A

4.7 Cure and Cover Clause: If a successful bidder fails, or SAC concludes that there is a reasonable likelihood that the bidder will not be able to timely perform its obligations under this RFQ and/or contract, SAC may (in addition to any other contractual, legal, or equitable remedies) proceed to take any of the following actions after a five (5) day written notice to the Vendor.

(a) Withhold any monies then or next due to the bidder; or

(b) Terminate the contract and obtain the deliverables (or equivalent) or portion thereof (or equivalent) from a third party, pay the third party for the same, and withhold the amount so paid from any money then or thereafter due party Vendor and hold Vendor liable for any amounts paid to the third party (or parties) to the extent that withholding payments to the Vendor does not cover SAC’s cost of cover.

4.8 The Savannah Airport Commission Reserves the Right:

(a) to reject any or all RFQs or any part thereof; and

(b) to waive any irregularities and/or technicalities on the RFQ; and

(c) to accept the Vendor that is in the best interest of SAC; and

(d) to obtain clarification or additional information; and

(e) to purchase either selected items, or to not select any Vendor or purchase any goods and/or services resulting from this request; and

(f) to reject any Vendor who has previously failed to perform properly or complete on time projects of a similar nature, or

(g) to reject any Vendor whom an investigation shows Vendor is not in a position to perform the project and/or service as specified in this RFQ.

(h) to cancel a Purchase Order (PO) and/or contract if the vendor fails to meet the obligations/agreement in the bid response (i.e., pricing, agreed timeframe of delivery).

EXHIBIT A

(SAMPLE PROFESSIONAL SERVICES CONTRACT)

SAMPLE CONTRACT FOR PROFESSIONAL SERVICES

This CONTRACT FOR PROFESSIONAL SERVICES (this “Contract”), is made and entered into as of the ____ day of ___________, 2025, by and between SAVANNAH AIRPORT COMMISSION, a public body corporate organized under the laws of the State of Georgia (hereinafter, "Commission"), and ________________________________, a business entity authorized to do business in the State of Georgia (hereinafter, “Contractor”). Commission and Contractor are hereinafter collectively referred to as the “Parties” and singularly as a “Party.”

Service Provider: __________

Address: __________

Phone: __________

Email: __________

1. Scope of Services. Contractor will work under the direction of the Executive Director of Commission (“Executive Director”) on behalf of Commission, taking reasonable and diligent actions to successfully complete the services described in its response to Commission’s Request for Proposal 2025- ________ (the “Required Services”), attached hereto as Exhibit A (the “Proposal Response & Scope of Services”), at the Savannah/Hilton Head International Airport (“Airport”).

2. RFP Adherence. Contractor agrees that all information presented in the Proposal Response & Scope of Services is true and correct, and that no information was intentionally falsified. Contractor agrees to honor the terms of the Proposal Response & Scope of Services. Failure to comply with the scope of services and other terms of the Proposal Response & Scope of Services may result in termination of this Contract.

3. Term. This Contract shall remain in effect until the Required Services are completed to Commission’s satisfaction, and payment therefore has been received by Contractor.

4. Independent Contractor. The Parties acknowledge and agree that Contractor is an independent contractor and that this Contract does not constitute or appoint Contractor, or any of its officers, employees, agents, or contractors, as an agent, employee, or partner of Commission for any purpose whatsoever. Contractor is prohibited from acting, or holding itself out, as an agent, employee or partner of Commission, and Contractor shall cause each of its officers, employees, agents, and contractors to refrain from acting as, or holding itself out as, an agent, employee, or partner of Commission.

5. Use of Trademarks and Trade Names. Contractor is not authorized to use, directly or indirectly, in whole or in part, any of the trademarks or trade names that are now or may in the future be owned by Commission, except in the manner and to the extent that Executive Director may specifically consent in writing. Upon termination of this Contract, Contractor shall cease using all such trade names or trademarks in connection with its business and shall cease using and return to Commission any and all property containing or displaying such trade names or trademarks. The provisions of this Paragraph 5 shall survive the expiration or early termination of this Contract.

6. Compensation. In consideration of the services to be rendered by Contractor under this Contract, Commission shall pay Contractor a lump sum of ___________________________upon completion of the Required Services to the satisfaction of Commission. Additional fees for certain services (if any) provided by Contractor are set forth in the Proposal Response & Scope of Services, and Commission shall pay said fees within thirty (30) days of receiving an invoice therefor. Notwithstanding the foregoing, in the event that the Executive Director determines, in his reasonable discretion, that the services provided by Contractor are not satisfactory, Commission may withhold or reduce said fees or any other invoiced fee, provided that in such event Contractor may terminate the Contract by providing Commission with written notice of such termination.

7. Invoice Procedure. Contractor shall submit its invoices to Commission addressed to:

Savannah Airport Commission

Attention: Accounts Payable

400 Airways Avenue

Savannah, Georgia 31408

AccountsPayable@flySAV.com

8. Insurance. Insurance coverages and limits required of Contractor hereunder are designed to meet the minimum requirements of Contractor and are not a recommended insurance program for Contractor. Contractor alone shall be responsible for the sufficiency of its own insurance program.

With no intent to limit Contractor’s liability or the indemnification and hold harmless provisions set forth herein, Contractor shall procure and maintain during the entire Term insurance coverage with the minimum limits and other requirements set forth below.

(a) Required Insurance:

i. General Liability Insurance. No less than One Million Dollars ($1,000,000) each occurrence, Combined Single Limit (“CSL”), bodily injury and property damage, including Employer’s non-ownership liability and hired auto coverages as applicable.

ii. Comprehensive Automobile Liability Insurance. $1,000,000 CSL for all automotive equipment owned, non-owned, operated, leased, or hired; $5,000,000 CSL for all vehicles operating on the Aircraft Operations Area (AOA) at the Airport.

iii. Worker's Compensation. In compliance with Georgia statutory limits.

(b) Contractor’s policies covering the required insurance shall be issued by a company authorized to do business in the State of Georgia and reasonably approved by the Executive Director of Commission and shall not be subject to cancellation or change until after thirty (30) days written notice shall have been given to Commission. A Certificate of Insurance, reflecting the above and naming Savannah Airport Commission and the Mayor and Aldermen of the City of Savannah, and their respective members, officials, officers, directors, employees, and agents, as additional insureds, shall be delivered to Commission by Contractor in advance of the first day of the Initial Term and upon renewal or modification of any of the policies of insurance required by this Paragraph 8. Failure to carry or keep such insurance in force as required herein may result in the termination of this Contract.

(c) Commission shall not be liable for any damage to Contractor’s property from any cause unless caused solely by the gross negligence of Commission, and Contractor waives all claims against Commission for damage to persons or property arising for any reason, unless caused by the gross negligence of Commission.

(d) All insurance policies shall contain a standard cross-liability provision and shall stipulate that no insurance held by Commission will be called upon to contribute to a loss covered thereunder.

Commission shall have no liability for any premiums charged for such coverage, and the inclusion of Commission as an additional insured is not intended to, and shall not, make Commission a partner or joint venture partner with Contractor in Contractor’s operations on the Premises. Such policies shall also insure Contractor against the risks to which it is exposed as Contractor of the business authorized under this Contract, shall be for full coverage with any deductibles and/or retentions subject to approval by Commission and shall contain provisions on the part of the respective insurers waiving the right of such insurers to subrogation.

(e) Commission reserves the right to periodically review the insurance provisions stated herein and reserves the right to modify the insurance coverage requirements under this Contract.

9. Indemnification and Hold Harmless. Contractor shall protect, defend, hold harmless and indemnify Commission and Mayor and Aldermen of the City of Savannah, and their respective members, officials, officers, directors, employees, and agents, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person, or damage to any property (including actual or potential environmental damage or exposure), including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Contract and the use of Airport property by Contractor or the acts or omissions of Contractor's officers, agents, employees, contractors, clients, subcontractors, licensees, or invitees, regardless of where the injury, death or damage may occur, unless such injury death or damage is caused solely by the gross negligence or willful misconduct of Commission. Commission shall give reasonable notice of any such claims or actions, and Permittee agrees that it shall use counsel reasonably acceptable to Commission in carrying out its obligations hereunder.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, COMMISSION AND

CONTRACTOR HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL EITHER

PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR

TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO,

LOSS OF REVENUE, DIMINUTION OR LOSS OF VALUE, LOSS OF USE, OR LOSS OF

ANTICIPATED PROFITS.

The provisions of this Paragraph 9 shall survive the expiration or earlier termination of this Contract.

10. Federal Government Rights.

(a) Agreements with the United States Government. This Contract is subject and subordinate to (i) the provisions of any agreements heretofore or hereafter made between Commission and the United States Government (and its departments and agencies), and any applicable Federal laws or regulations relative to the operation, security or maintenance of the Airport, the execution of or compliance with which is, or will be, or was previously, required as a condition precedent to the enabling or permitting of the transfer of rights or property to Commission for Airport purposes or the granting or retention of Federal funds for the improvement, maintenance or development of the Airport, including but not limited to, the compliance requirements set forth in the Airport Sponsor Assurances promulgated by the FAA and made a part hereof, as amended and supplemented from time to time, and (ii) the provisions of any agreements heretofore or hereafter made between Commission and the United States Department of Defense (and its departments and agencies) relative to the use of the Airport by the United States Department of Defense (and its departments and agencies). Contractor shall abide by the requirements of such agreements, and shall consent to amendments and modifications of this Contract if required by such agreements or if required as a condition of Commission's entry into, or continuation or renewal of, such agreements, or as a condition precedent to the granting or retention of funds for the improvement of the Airport; provided however, that if any such amendment or modification has a material or adverse impact on the operations of Contractor, Commission agrees to provide Contractor with written advance notice of any such amendment or modification and Contractor shall have the right to cancel this Contract by giving Commission written notice of said cancellation with sixty (60) days of receiving said written advance notice.

(b) Federal Government's Emergency Clause. All provisions of this Contract shall be subordinate to the rights of the United States of America to operate the National Aviation System or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Contract inconsistent with the operations of the National Aviation System by the United States of America.

11. Required Federal Civil Rights Provisions.

Commission is required, pursuant to various Federal statutes and regulations promulgated by the FAA, to include and enforce certain provisions regarding civil rights in each of its contracts with contractors, and the wording of those provisions is required to be precisely as mandated by said Federal statutes and regulations. The following provisions in this Section 11 are those provisions, and to the extent that the provisions of this *Section 19 conflict with any other provisions of this Agreement*, the provisions of this Section 19 shall control.

Civil Rights – General

In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

Civil Rights – Title VI Assurance

(a) Title VI List of Pertinent Nondiscrimination Acts and Authorities

During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

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

• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

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

• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);

• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

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

• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];

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

(b) Compliance with Nondiscrimination Requirements:

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

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Commission or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this Contract, the Commission will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Commission, or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Commission to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

12. Assignability. Contractor shall not assign this Contract, or any part hereof, or interest herein, without the prior written consent of Commission. Any other attempted transfer or assignment shall be void and shall confer no rights upon any third party.

13. Termination. Commission may terminate this Contract with or without cause at any time during the Term. Contractor may terminate this Contract in the event that Commission withholds or reduces the monthly fee as provided in Paragraph 6. In the event of termination by either Party, neither Party shall have any further rights or obligations under the Contract, except for those rights and obligations that expressly survive the termination of this Contract, as provided in Paragraphs 5, 9 and 16, and those rights and obligations that accrued prior to termination of this Contract.

14. Scope of Services. The Parties understand and agree that the Scope of Services described in Paragraph 1 and in Exhibit A to this Contract is not a guarantee of a specific amount of work to be performed by Contractor under this Contract. Moreover, Commission, in its reasonable discretion, may elect to expand, reduce, or delete the extent of each work element described in the Scope of Services, provided that any substantial expansion of the Scope of Services shall require the approval of Contractor.

15. Entire Agreement. This Contract, including exhibits attached hereto at the time of its execution, constitutes the entire agreement between the Parties, and all prior agreements covering the rights and privileges set out herein are superseded by and merged into this Contract.

16. Amendment. This Contract may be amended only by a written instrument executed by both Parties.

17. Non-Waiver of Rights. No waiver of default by Commission of any of the terms, conditions, covenants, or agreements hereof to be performed, kept, or observed by Contractor shall be construed or act as a waiver of any subsequent default of any of the terms, covenants, conditions, and agreements, herein contained to be performed, kept, or observed by Contractor, and Commission shall not be restricted from later enforcing any of the terms and conditions of this Contract.

18. Governing Law. This Contract is a Georgia contract and shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, excluding its choice-of-law principles, and all claims relating to or arising out of this Permit, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Georgia, excluding its choice-of-law principles. Contractor agrees and consents to the exclusive jurisdiction of the courts of the State of Georgia for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively with the federal and state courts situated in Chatham County, Georgia. The provisions of this Paragraph 16 shall survive the expiration or early termination of this Contract.

19. Captions and References; Interpretation. As used herein, titles or captions of the numbered paragraphs are inserted only as a matter of convenience and for ease of reference and in no way define, limit, extend or describe the scope of this Contract or the intent of any provision hereof. Any reference herein to Paragraph shall refer to the corresponding numbered paragraph of this Contract. Whenever the context may require, any pronouns used in this Contract shall include the corresponding masculine, feminine, or neuter forms, and the singular form of nouns shall include the plural and vice versa.

20. Exhibits. The following exhibits and attachments, if any, are attached to and made a part of this Contract. In the event of any inconsistency between the terms of this Contract and said exhibits and attachments, the terms and provisions of this Contract shall control over the terms and provisions of said exhibits and attachments:

Exhibit A: Proposal Response & Scope of Services

IN WITNESS WHEREOF, the Parties have caused these presents to be duly executed by their proper officers thereunto authorized, and their corporate seals affixed as of the day and year first set forth above.

[SIGNATURES ARE ON THE FOLLOWING 2 PAGES]

Commission:

SAVANNAH AIRPORT COMMISSION

Stephen S. Green

Chairman

ATTEST:

Gregory B. Kelly

Secretary

[OFFICIAL SEAL]

[Commission signature page]

[to Contract for Professional Services dated as of _______ __, 2025, by and between Savannah Airport Commission and ________________________________]

Contractor:

By: ___________________________________

Name: ______________________

Title: ______________________

ATTEST:

Name: _______________________

Title: _______________________

[Contractor signature page]

[to Contract for Professional Services dated as of _______ __, 2025, by and between Savannah Airport Commission and ________________________________]

EXHIBIT D

(LOCATION PLANS)