HomeMy WebLinkAbout2010-01-25-Meeting Agendawww.augustaga.gov
Public Service Committee Meeting Commission Chamber- 1/25/2010- 12:35 PM
PUBLIC SERVICES
1. New Application: A. N. 10 -03: A request by Jugal K. Purohit for an on
premise consumption Beer & Wine license to be used in connection with
Stay Bridge Suites located at 2540 Center West Parkway. District 7. Super
District 10.
Attachments
2. Award bid for Audio Visual equipment for new headquarters library.
Attachments
3. Discussion: A request by Ms. Chondra Dixon for a Dance License to be
used in connection with Boss Entertainment Group, LLC located at 1365
Gordon Highway. District 1. Super District 9.
Attachments
4. Approve the selection of Events 20-20 as the airport In Flight Caterer and
the contract between Events 20-20 and Augusta Regional Airport.
Attachments
5. Approve the upgrade of the Administrative Bookkeeper position at Augusta
Regional Airport.
Attachments
6. Approve the attached StandardAero Enabling Resolution for Augusta
Regional Airport.
Attachments
Public Service Committee Meeting
1/25/2010 12:35 PM
Alcohol Application
Department:License & Inspections
Caption:New Application: A. N. 10 -03: A request by Jugal K. Purohit for an on
premise consumption Beer & Wine license to be used in connection with
Stay Bridge Suites located at 2540 Center West Parkway. District 7. Super
District 10.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1210.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Public Service Committee Meeting
1/25/2010 12:35 PM
AudioVisual Bid for New Library
Department:Library
Caption:Award bid for Audio Visual equipment for new headquarters library.
Background:The equipment is needed to utilize meeting rooms and training labs by staff
and public. Includes projectors, podiums, etc. This was the only complete
bid received.
Analysis:Need the AV components so meeting rooms may be utilized.
Financial Impact:$81,293. This includes two adds which are desired and falls within expected
budget.
Alternatives:Rooms and labs could not be utilized as designed.
Recommendation:Approve contract.
Funds are Available in
the Following
Accounts:
SPLOST
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Public Service Committee Meeting
1/25/2010 12:35 PM
Dance Application
Department:License & Inspections
Caption:Discussion: A request by Ms. Chondra Dixon for a Dance License to be
used in connection with Boss Entertainment Group, LLC located at 1365
Gordon Highway. District 1. Super District 9.
Background:This a new application.
Analysis:
Financial Impact:The applicant will pay a fee Of $110.00
Alternatives:
Recommendation:License & Inspections has no recommendation. The RCSD has no
recommendation.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Public Service Committee Meeting
1/25/2010 12:35 PM
Events 20-20 Contract
Department:Augusta Regional Airport
Caption:Approve the selection of Events 20-20 as the airport In Flight Caterer and
the contract between Events 20-20 and Augusta Regional Airport.
Background:Events 20-20 was the In Flight Caterer of choice selected through the RFP
process. Negotiations have been going on for several months and the
attached contract has been approved by both aviation commission, Events
20-20 and legal counsel.
Analysis:Events 20-20 was selected as the most knowledgeable candidate to provide
high end catering to the airport's private aircraft customers. This contract
will become effective upon approval by both Commissions. The contract is
for three years with an additional 2 one-year options to renew.
Financial Impact:the airport will recieve 10% of Events 20-20's gross sales.
Alternatives:Deny request.
Recommendation:Approve request.
Funds are Available in
the Following
Accounts:
551081106/3492107
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
11/3/2009 @ 1630
State of Georgia )
)
County of Richmond )
CATERING CONTRACT
THIS CONTRACT made and entered into this 1st day of December 2009, by and between,
AUGUSTA GEORGIA, a political subdivision of the State of Georgia, acting through the AUGUSTA
AVIATION COMMISSION whose address is 1501 Aviation Way, Augusta Regional Airport at Bush
Field, Augusta, Georgia 30906-9600, hereinafter calOHG³$LUSRUW´DQG MIKE SMITH CATERING
COMPANY, INC., D/B/A EVENTS 20/20, whose address is 4011 ENTERPRISE COURT,
MARTINEZ, GA 30907 KHUHLQDIWHUFDOOHG³&DWHUHU´Aviation Services, Airport fixed base operator
(FBO) and a department of Augusta Regional AiUSRUWLVKHUHLQDIWHUUHIHUUHGWRDV³)%2´
WHEREAS the Airport operates Augusta Regional Airport at Bush Field and requires in-flight
FDWHULQJIRU$LUSRUW¶VFXVWRPHUVRSHUDWLQJWKURXJKWKHJHQHUDODYLDWLRQWHUPLQDO, and
WHERAS Caterer is a company engaged in the business of providing in-flight catering as
required by the Airport, and
WHEREAS the Airport wishes to, and is authorized to grant to Caterer the right to provide in-
flight catering at the Airport under an agreement containing mutually satisfactory terms and covenants.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, privileges,
obligations and agreements herein contained, the Airport and Caterer hereby mutually undertake,
promise, and agree, each for itself and its successors and assigns, as follows:
1. Concept of Operations. Caterer agrees to:
a. Provide all facilities and personnel required to provide catering services 24 hours per day,
365 days per yearWRPHHW$LUSRUW¶Vin-flight catering requirements.
b. Be responsible for all costs of goods sold, costs of rented or leased equipment/facilities and
for all labor charges incident to services provided.
c. Provide marketing plan to encourage increased sales, if requested.
d. Comply with all Federal, State, and Local laws and requirements for food preparation and
delivery for food to be consumed in-flight.
e. Assist Airport in planning catering activities for private, corporate, and commercial aircraft
operating through the FBO.
f. Provide menu offering a variety of options for the customer at reasonable and appropriate
costs for the in-flight catering industry.
g. Provide food orders of quality products, in sufficient portions so as not to be scant or
excessive, and presented in an ascetically pleasing and appetizing manner.
h. Provide alcoholic and nonalcoholic beverages as requested at reasonable and appropriate
costs for the in-flight catering industry.
i. Provide other services i.e., washing dishes; preparing laundry, etc. to comply witKFXVWRPHU¶V
requests at reasonable and appropriate costs for the in-flight catering industry.
j. Establish a 24-hour per day ordering system for catering.
k. Provide direct bill or credit card systems for collecting payment for catering orders. Caterer
will collect all revenue for all sales of catering services.
Attachment number 1Page 1 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 2 of 10
l. Maintain catering orders at proper temperatures and insure that orders are handled properly
by all personnel. Caterer will provide and maintain storage refrigerator(s) for storing catering
orders at the FBO in the Catering Storage Room.
m. Deliver catering order(s) to airport &DWHULQJ6WRUDJH5RRP'XULQJ0DVWHUV¶:HHNRUZKHQ
requested by the customer, &DWHUHUZLOOGHOLYHUFDWHULQJRUGHUWRFXVWRPHU¶VDLUFUDIW
1) Delivery vehicle will be clean and present proper image at all times.
2) Catering orders will be marked to easily identify customer and logged in at time of
delivery at FBO customer service counter on the Catering Log, attached. For multiple
packages in a single order, individual packages will be marked i.e., 1 of 4, 2 of 4, etc. (DFKSDFNDJHZLOOEHPDUNHGZLWKWKHFXVWRPHU¶VLQIRUPDWLRQ
3) Deliver catering orders to the FBO and store them in the Catering Storage Room no
later than two (2) hours prior to aircraft scheduled departure time unless customer
requests otherwise or unless customer does not place order in time for Caterer to meet
two (2) hour delivery time, in which case, Caterer will strive to have the order to the
FBO as soon as is reasonably possible.
4) Deliver catering to and properly store catering on commercially operated aircraft no
later than two (2) hours prior to aircraft scheduled departure time or as requested by
customer, as long as Caterer is given sufficient notice to meet the two (2) hour delivery
time.
5) Except during special events such as the Masters® Golf Tournament, FBO personnel
will deliver catering to the aircraft for general aviation and corporate aircraft.
n. $WWDFKDFRS\RIFXVWRPHU¶VDFWXDOLWHPL]HGLQYRLFHZLWKUHWDLOSULFLQJ and applicable taxes
to catering orders and provide an exact duplicate of invoice to FBO customer service
representative when catering order is delivered to airport or to aircraft. Delivery ticket will
not be used for Airport requirements.
Exception:
1) Caterer will provide itemized invoice, as described above, with all orders except when
FXVWRPHU¶VRUGHULVSODFHGRQVXFKVKRUWQRWLFHDVWRSUHFOXGHFUHDWLQJDQLQYRLFH,Q
this situation, caterer will provide customer and Airport an invoice within eight (8)
hours of delivering order to Airport. Invoices may be emailed to
AGS_FBO_INFO@augustaga.gov.
2) During Masters® Golf Tournament or other special event, Caterer will provide Airport
required invoices on a daily basis, consolidating all invoices for the previous calendar
day.
2. Masters® Golf Tournament Operations
a. Masters® Golf Tournament is held annually, the first full week in April.
b. Caterer will assist Airport in planning catering activities.
c. Caterer will provide all personnel, vehicles, equipment, and supplies as required to perform
catering duties i.e., golf carts, radios, computers, etc.
d. Caterer will set up a customer service office at FBO to handle all catering services.
e. Masters® operation will begin at midnight on Sunday prior to the Tournament and end at
noon on Monday following the Tournament. During Masters®, catering office will be open
from approximately 6 am to 10 pm daily and when catering orders are to be delivered.
Attachment number 1Page 2 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 3 of 10
f. Caterer will deliver all catering to the aircraft during the tournament.
g. Caterer will wash dishes and prepare laundry during Masters.
3. Special Identification Display Area (SIDA) badges.
a. Since &DWHUHU¶VHPSOR\HHVZLOOEHUHTXLUHGWRRSHUDWHLQDLUSRUWVHFXUHDUHDV, Caterer shall be
UHTXLUHGWRREWDLQWKH$LUSRUW¶V6,'$EDGJHVIRUDQy employee working in the secured area.
To qualify for the badge, individual must be fingerprinted and have a background
investigation completed. In addition, Airport will conduct a background inquiry and require
finger printing of all individuals who will be working on the secured side of the airport
screening point. This may also include collection of appropriate criminal history information,
contractual and business associations and practices, employment histories, reputation in the
business community and credit reports for the Caterer as well as its employees.
b. Caterer consents to such an inquiry and agrees to make available to the Airport such books
and records the Airport deems necessary to conduct the review as described in subparagraph
3. a. above.
c. Caterer will pay cost associated with providing SIDA badges.
d. Caterer will ensure that all persons performing delivery activities in the secured area shall be
either escorted or properly badged and have attended driving training and orientation classes
offered by the Airport.
4. Compensation.
a. For the privileges herein provided, Caterer shall pay a monthly Fee of ten percent (10%) of &DWHUHU¶VJross monthly revenue KHUHLQDIWHUUHIHUUHGWRDV³&RPSHQVDWLRQ´
b. In determining gross monthly revenue from the operation of said business for the purpose of
computing the Fee, gross monthly revenue shall mean all revenue or income received or
recorded to be received/earned on Augusta Regional Airport during the calendar month,
including, but not limited to, revenue from cash transactions, charge accounts locally
controlled or billed through central offices, credit card transactions, and any other form of
billing used in the transaction of business by Caterer on the airport.
c. Gross revenue is considered to be any and all charges contained in the customHU¶VFDWHULQJ
invoice, except for federal, state, county, or municipal sales, use, and excise taxes now in HIIHFWRUKHUHLQDIWHUOHYLHGRURWKHUZLVHOHYLHGRQ&DWHUHU¶VRSHUDWLRQ
d. Compensation shall be delivered to Airport on or before the fifteenth (15th) day of the
calendar month following the calendar month during which the catering order was delivered.
5. ,QWHUHVW $WWRUQH\¶V)HHV. Any rental payment or other payment required to be paid by Lessee
hereunder, if not paid within 5 days of the due date, shall bear interest from the date the same
became due until the date payment is received by Lessor at the rate of 1.5% per month (18% per
annum). If Lessee fails to pay any rental payment or any other payment required to be paid by
Lessee hereunder and the same is collected through the services of an attorney at law, Lessee shall SD\WR/HVVRUDWWRUQH\¶VIHHVLQWKHDPRXQWRIRIWKHWRWDODPRXQWGXHIURP/HVVHHDQGDOO
reasonable expenses of the litigation.
6. Sales Report.
a. Caterer will provide Airport a monthly Sales Report, KHUHLQDIWHUUHIHUUHGWRDV³5HSRUW´ on
company letterhead and signed by company official, identifying total number of catering
orders delivered and certifying gross revenue received during the previous calendar month, as
defined above. Additionally the Report will identify any previously recorded invoices that
Attachment number 1Page 3 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 4 of 10
were adjusted or changed.
1) Original invoices will be reflected in the Report for the calendar month in which the
FDWHULQJZDVGHOLYHUHG:KHQ&DWHUHU¶VRULJLQDOLQYRLFHLVDGMXVWHd or changed, the
final invoice will be reflected in the month in which the invoice was finalized.
Monthly revenue Report will reflect such changes. Amended finalized invoice will be
attached to original invoice and included with the Report.
2) Sales Report shall be delivered to Airport on or before the fifteenth (15th) day of the
calendar month following the calendar month during which the catering order was
delivered.
7. Concept of Operations. Airport agrees to:
a. Provide a Catering Storage Room. Caterer may use the Catering Room located west of the
FBO for catering office and for storing catering orders. The Catering Room has electricity
and lights but, is otherwise unimproved.
b. Deliver catering orders and ZDVK FXVWRPHU¶V GLVKHVexcept during Masters® Golf
Tournament or during other special events as coordinated with Caterer.
c. Provide facilities near FBO, street side, for storage of Caterers trailer during Masters® Golf
Tournament.
d. FBO will provide a catering telephone number that is published nationwide.
e. Use Events 20-20 as the preferred Caterer for general aviation terminal customer in-flight
catering.
1) If a customer chooses catering by third party caterer, FBO will not accept catering and
will instruct third party caterer to coordinate catering delivery with Events 20-20.
2) The FBO will handle catering brought to the FBO by the customer as baggage.
3) Caterer preference does not apply to any other airport tenant or department.
8. Premises. Airport does hereby provide for Caterer, storage space known as the Catering Room.
a. Premises Relocation. Airport reserves the right to relocate the Catering Room to a mutually
agreed upon location should the need arise during the term of this Contact.
b. Repairs and Maintenance. Airport shall maintain the Catering Room, including any changes,
additions, alterations, modifications and/or improvements made by Caterer as provided
herein, normal wear and tear are excluded. However,
c. Cleanliness. Caterer is responsible for maintaining the cleanliness of the Catering Room,
iQFOXGLQJVZHHSLQJDQGPRSSLQJWKHIORRUVDQGHQVXULQJWKDWWKH&DWHUHU¶VPDFKLQHU\DQG
equipment is also cleaned on a regular basis.
d. Utilities. The costs of utilities (electricity and water) for the Catering Storage Room are
provided by the Airport as ORQJDVWKHIDFLOLW\UHPDLQV³DVLV´DQGXQLPSURYHG
e. Changes, Additions, Alterations, Modifications, Improvements. Caterer shall not without
prior written consent of Airport, make any changes, additions, alterations, modifications
and/or improvements, structural or otherwise, in or upon any part of the Catering Room The
foregoing shall also apply to any exterior signs, notices, placement of machinery or
equipment either attached or placed outside of the Catering Room Caterer agrees to submit
any and all plans for any changes, additions, alterations, modifications and/or improvements
to the Catering Room Airport for approval before said alterations, changes or additions are
Attachment number 1Page 4 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 5 of 10
begun. Airport shall not unreasonably withhold its approval of said plans.
f. Title to Changes, Additions, Alterations, Modifications, Improvements. It is mutually
understood and agreed that title to any changes, additions, alterations, modifications and/or
improvements, whether existing in the Catering Room at the effective date of this Contract
or added to the Premises during the term of this Contract, and to all of the building and
structures and all other improvements of a permanent character that may be built upon the
Catering Room by Caterer during the term of the Contract shall remain the property of the
Airport and that fee simple title to the same shall be vested in Airport.
g. Inspection by Airport. Airport, its authorized agents or representatives shall have the right to
enter the Catering Room to make inspections at any to determine whether Caterer has
complied with and is complying with the terms and conditions of this Contract; provided,
however, that said inspection shall in no event unduly disrupt or interfere with the operation
of Caterer. Any deficiencies noted during the inspection shall be corrected in five (5)
business days.
h. Destruction of Premises. If the Catering Storage Room should be damaged or destroyed by
fire or other casualty, the Airport shall provide Caterer with another storage area of
comparable size and utilities until the Airport repairs or replaces the same.
9. Taxes. Caterer shall pay any and all personal property and sales taxes that may be assessed against
its equipment, merchandise, or other property located on or about the Catering Room.
10. Term. The term of this contract shall be for a period of three (3) years commencing on December
1, 2009 with an additional two (2) one-year options to renew for a total of five (5) years. Airport
will notify Caterer of its intent to renew the contract approximately sixty (60) days prior to its
expiration. Either party may terminate this Agreement upon giving sixty (60) days written notice of
the intent to cancel prior to the end of the initial term or any term thereafter.
11. Taxes. Caterer shall pay any and all personal property and sales taxes that may be assessed against
its business.
12. Rules and Regulations. Caterer agrees to conduct its business in compliance with all local, state
and federal laws, Federal Aviation Administration regulations, Food and Drug Administration
regulations, the ordinances of Augusta, Georgia, the rules and regulations of the Augusta-Richmond
County Commission, and all rules and regulations of Airport. Caterer further agrees to endeavor to
conduct its business in such a manner as will develop and maintain the good will and active interest
of the general public. Caterer shall procure and keep in force during the term of this contract
all necessary licenses, registrations, certificates, permits, and other authorizations as are
required herein.
13. Insurance.
a. Caterer agrees to PDLQWDLQLQVXUDQFHZLWKDQ,QVXUHUUDWHG³$´RUEHWWer by AM Best for
catering operations with:
1) Liability limits shall be no less than $1,000,000 to include Broad Form General
Liability inclusive of Product Liability.
2) A $4,000,000 Commercial Umbrella excess of all required liability, including, but not
liPLWHGWR*HQHUDO/LDELOLW\/LTXRU/LDELOLW\DQG:RUNHU¶V&RPSHQVDWLRQ6WDWXWRU\
Liability, must also be included.
3) Liquor liability must be included with limit no less than $1,000,000.
4) :RUNHU¶V&RPSHQVDWLRQPXVWEHFDUULHGDVUHTXLUHGE\*HRUJLD6WDWHLaw.
Attachment number 1Page 5 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 6 of 10
5) Caterer shall provide additional insurance as required by the Airport Executive
Director.
b. Augusta Regional Airport at Bush Field, Augusta Aviation Commission, City of Augusta,
and Augusta Commission must be added as additional named insured and be given a 30-day
notice of any cancellation or policy changes.
14. Indemnity.
a. Caterer agrees to indemnify and hold harmless Airport, the Augusta Richmond Board of
Commissioners and the Augusta Aviation Commission, and its members, officers, elected
officials, agents, servants, employees and successors in office from any and all claims
including reasonable attorney's fees and expenses of litigation incurred by Airport in
connection therewith related to or arising out of any damage or injury to property or persons,
occurring or allegedly occurring in, on or about Airport property which are in any way related
to or arising out of any failure of Caterer to perform its obligations hereunder during the
period from the date of this Contract to the end of the Contract Term.
b. Caterer further agrees that the foregoing Contract to indemnify and hold harmless applies to
any claims for damage or injury to any individuals employed or retained by Caterer in
connection with any changes, additions, alterations, modifications and/or improvements made
to the Catering Storage Room, and hereby releases Airport from liability in connection with
any such claims.
15. Assignments. Caterer shall not, assign this Contract or any interest there under, sublet the Leased
Premises or any part thereof, or permit the use of the Leased Premises by any party other than
Caterer without the prior written consent of the Airport. Any consent to one assignment or sublease
shall not destroy or waive this provision, and all later assignments and subleases shall likewise be
made only upon prior written consent of the Airport. Subtenants or assignees shall become liable
directly to the Airport for all obligations of Caterer, without reOLHYLQJ&DWHUHU¶VOLDELOLW\ Any such
assignee shall comply with terms of contract and shall be able to meet FAA requirements regarding
badges.
16. Default. It is understood between the parties hereto that in the event of default by either of the
parties during the term of this Contract, the other party shall have the right forthwith to give notice
thereof to the party in default, same to be in writing, and if such condition of default is not removed
and restored within ten (10) days after receipt of such notice, then the other party shall forthwith
have the option of declaring this Contract in default and proceed to enforce their rights in
accordance with the law. For purposes of this Section, an "event of default" includes but is not
limited to:
a. &DWHUHU¶V failure to make any payment when it becomes due under this Contract, where such
failure continues for 10 days after the due date;
b. &DWHUHU¶VIDLOXUHWR SHUIRUP REVHUYH DQGRU FRPSO\ ZLWKDQ\ SURYLVLRQ RI WKLV &RQWUDFW
where such failure is not cured within 15 days of notice thereof from Airport; or
c. &DWHUHU¶VLQVROYHQF\RULQDELOLW\WRSD\LWVGHEWVDVWKH\EHFRPHGXHRU&DWHUHUPDNLQJRIDQ
DVVLJQPHQW IRU WKH EHQHILW RI FUHGLWRUV &DWHUHU¶V DSSOLFDWLRQIRU RU FRQVHQW WR WKH
appointment of a receiver, trustee, conservator or liquidator of Caterer or of any of its assets,
RU&DWHUHU¶VILOLQJRIDSHWLWLRQIRUUHOLHIXQGHUDQ\EDQNUXSWF\LQVROYHQF\UHRUJDQL]DWLRQRU
similar laws, or the filing of a petition in, or proceeding under, any bankruptcy, insolvency,
reorganization or similar laws against Airport, which is not dismissed or fully stayed within
twenty (20) days after the filing or institution thereof.
17. Contract Termination.
Attachment number 1Page 6 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 7 of 10
a. Airport may terminate this Contract in the event of a default or failure to comply with the
terms of this contract, which is not cured as set forth in paragraph 22 above, entitled
³'HIDXOW´ Airport and Caterer agree that Airport may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part. Termination, in
whole or in part, shall be effected by delivery of a Notice of Termination signed by the
Executive Director of Augusta Regional Airport at Bush Field, specifically setting forth the
effective date of termination.
b. Upon receipt of such Notice, described in subparagraph a. above, Caterer shall:
1) Cease any further deliveries of work due under this Contract, on the applicable date,
and to the extent, which may be specified in the Notice;
2) Accept no further orders except as may be necessary to perform that portion of this
Contract not subject to the Notice; and
3) Use its best efforts to mitigate any damages which may be sustained as a consequence
of termination under this clause.
c. Notwithstanding anything contained herein, either party may terminate this contract for any
reason whatsoever by giving sixty (60) days written notice to the other party. In the event
said written notice is given, said Contract shall terminate sixty (60) days from receipt of said
written notice by the other party and neither party shall have any further obligation hereunder
to the other.
18. Quiet Enjoyment, Ingress and Egress. Airport covenants and warrants that Caterer, so long as it
shall pay the rentals herein stipulated and shall perform the duties and obligations herein agreed to
be performed by it, shall peaceably and quietly have, hold and occupy and shall have the exclusive
use and enjoyment of the Leased Premises during the term of this Contract and any extensions
thereof. Caterer, its invitees, guests, customers and employees shall have full right of ingress and
egress to the Leased Premises at all times and without charge, toll or fee.
19. Notices. All notices, demands, and requests which may or are required to be given by either
Airport or Caterer to the other shall be in writing and shall be deemed to have been properly given
when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed
as follows:
If intended for Caterer: If intended for Airport:
Mike Smith Catering Company, Inc. Augusta Aviation Commission
dba Events 20-20 Attn: Executive Director
Attn Ann Smith 1501 Aviation Way
4011 Enterprise Court Augusta, GA 30906
Martinez, GA 30907
Either party may change the address and name of addressee to which subsequent notices are to be
sent by notice to the other given as aforesaid.
20. Covenants Bind and Benefit Successors and Assigns. The provisions of this Contract shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under
this Contract pursuant to any conveyance, transfer, or assignment in violation of any of its
provisions.
21. Governing Law. This Contract shall be governed and interpreted by the laws of the State of
Georgia.
Attachment number 1Page 7 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 8 of 10
22. 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.
23. Severability. In the event that any part, provision or term of this Agreement 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 Agreement 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 Agreement shall, as so amended,
modified, supplemented, or otherwise affected by such action, remain in full force and
effect.
24. Financial Condition. There has been no material adverse change in the financial condition
of Caterer that would impair the ability of Caterer to perform its obligations under this
Contract.
25. No Collusion. Caterer¶V3URSRVDOLVJHQXLQHDQGQRWFROOXVLYHRUDVKDPCaterer 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 Contract, collusion, communication or conference with any person, to
fix the prices of Caterer¶V3URSRVDORUWKHSURSRVDOVRIDny other Person or to secure any
advantage against any Person interested in this Contract.
26. Information Supplied By Caterer. The information supplied and representations and
warranties made by Caterer and in all submittals made in response to the RFP, including
Caterer¶V3URSRVDODQGLQDOOSRVW-proposal submittals with respect to Caterer (and, to its
knowledge, all information supplied in such submittals with respect to any Subsidiary or
Subcontractor) are true, correct and complete in all material respects. Caterer¶V3URSRVDO
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.
27. Ethics: Gratuities and Kickbacks. Neither Caterer, any subsidiary, or any agent or other
representative of Caterer 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 Airport may
terminate this Contract.
28. Contingent Fees. Caterer has not employed or retained any company or person, other than
a bona fide employee working for Caterer, to solicit or secure this Contract; and Caterer
has not paid or agreed to pay any company, association, corporation, firm or person, other
than a bona fide employee working for the Caterer, any fee, commission, percentage, gift
Attachment number 1Page 8 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 9 of 10
or any other consideration contingent upon or resulting from the award or making of this
Contract. For the breach or violation of this representation and warranty and upon a
finding after notice and hearing, the Airport may terminate this Contract and, at its
discretion, may deduct from fees or otherwise recover, the full amount of any such fee,
commission, percentage, gift or consideration.
29. Entire Contract7KLV&RQWUDFWWRLQFOXGH&DWHUHU¶VUHVSRQVHWR5HTXHVWIRU3URSRVDO09-096A
and reconciled exceptions, contains the entire Contract of the parties, and no representations,
inducements, promises or Contracts, oral or otherwise, between the parties not embodied herein
shall be of any force or effect. No failure of either party to exercise any power given it hereunder,
or to insist upon strict compliance by either party of any obligations hereunder, and no custom or
practice of the parties at variance with the terms hereof shall constitute a waiver of either party's
right to demand exact compliance with the terms hereof.
IN WITNESS WHEREOF, the parties hereof have caused this Contract to be executed as of the day and
year first above written.
Airport Caterer
AUGUSTA AVIATION COMMISSION MIKE SMITH CATERING COMPANY, INC
DBA EVENTS 20-20
Karlton L. Howard _____________________________
Printed Name Printed Name
_________________________________ _____________________________
Signature Signature
Chairperson President
Title Title
________________ _____________________________
Date Date
AUGUSTA_RICHMOND COUNTY, GEORGIA
BY: _____________________________
AS ITS: ___MAYOR____________
ATTEST: _____________________________
CLERK OF COMMISSION
ATTEST: _____________________________
CLERK
(BALANCE OF PAGE LEFT BLANK INTENTIONALLY)
Attachment number 1Page 9 of 10
CATERING CONTRACT
11/3/2009 @ 1630 Page 10 of 10
Catering Log
INSTRUCTIONS: Aviation Services customer service clerk completes form when catering is delivered to FBO. &DWHUHUZLOOSURYLGHFXVWRPHU¶VIOLJKWWDLOQXPEHUDQGnumber of packages in the order.
Each package will be clearly marked with customer information and package number of total number of
packages i.e. 2 of 4.
Date Flight / Tail # # of
Packages Catering Services Invoice FBO
Initials
Caterer
Initials
Attachment number 1Page 10 of 10
Public Service Committee Meeting
1/25/2010 12:35 PM
Position Upgrade
Department:Augusta Regional Airport
Caption:Approve the upgrade of the Administrative Bookkeeper position at Augusta
Regional Airport.
Background:This item was brought before Human Resources and the Augusta Aviation
Commission, and approved by both.
Analysis:To appropriately classify an accounting position to comparable level
positions in the market place. This will assist the airport in attracting a
qualified candidate.
Financial Impact:An increase in minimum salary of approximately $4,000.25.
Alternatives:Deny request.
Recommendation:Approve request.
Funds are Available in
the Following
Accounts:
551081102/5111110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 4
Attachment number 1Page 2 of 4
Attachment number 1Page 3 of 4
Attachment number 1Page 4 of 4
Public Service Committee Meeting
1/25/2010 12:35 PM
StandardAero Enabling Resolution
Department:Augusta Regional Airport
Caption:Approve the attached StandardAero Enabling Resolution for Augusta
Regional Airport.
Background:Augusta Regional Airport has been doing business with Garrett Aviation
Services, LLC D/B/A StandardAero, since approximately 1974. This
company has gone by several names, the current one being StandardAero.
They impact the economic income of Augusta by millions of dollars in each
year. This resolution has been reviewed and approved by legal council.
Analysis:This Resolution will permit the Augusta Aviation Commission to enter into
negotiations with Garrett Aviation Services, LLC D/B/A StandardAero, for
amendment of an existing lease to provide for refinancing of an existing
debt and financing of improvements, etc.
Financial Impact:
Alternatives:Deny request.
Recommendation:Approve request
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
1
STATE OF GEORGIA
COUNTY OF RICHMOND
RESOLUTION NO. -______
A RESOLUTION BY THE MAYOR AND AUGUSTA RICHMOND
COUNTY COMMISSION, TO PERMIT THE AUGUSTA AVIATION
COMISSION TO ENTER INTO NEGOTIATIONS WITH GARRETT
AVIATION SERVICES, LLC D/B/A STANDARDAERO FOR
AMENDMENT OF AN EXISTING LEASE TO PROVIDE FOR
REFINANCING OF AN EXISTING DEBT AND FINANCING OF
IMPROVEMENTS; TO PROVIDE FOR AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, the Augusta Aviation Commission and Garrett Aviation
Services, LLC d/b/a StandardAero entered into a lease agreement on July 15,
1976 for the leasing of space for the use and occupancy of certain land and
facilities at Augusta Regional Airport for the purpose of Lessee conducting its
Commercial Aviation Business; and
WHEREAS, this lease has been amended to provide for an extension of
time and for financing of tenant improvements; and
WHEREAS, on December 1, 2000, the Agreement was amended for a
second time to extend the term through December 15, 2010 and to add an
additional ten (10) year renewal option and StandardAero has expressed its intent
to exercise the renewal option to extend the term of the lease to December 15,
2020; and
WHEREAS, StandardAero has requested that the lease be amended again to
provide for refinancing of existing debt and the financing of further
improvements in the amount of approximately six million dollars; and
Attachment number 1Page 1 of 3
2
WHEREAS, the Augusta Aviation Commission and its Airport Director have
indicated it would be in the best interest of the Airport to accept the renewal of
the lease and negotiate terms for the financing of the facility improvements and
refinancing of the existing debt.
NOW THEREFORE LET IT BE RESOLVED AS FOLLOWS:
Section 1. That the Augusta Aviation Commission Chairman and the
Aviation staff are hereby authorized to meet with StandardAero to engage
discussions and negotiations regarding the refinancing of the existing debt
and terms and conditions for the financing of the proposed improvements.
Section 2. That Aviation Staff develop a Memorandum of
Understanding evidencing StandardAero¶Vconcurrence with the process,
schedule, financing approach, and intended results and present same to the
Aviation Commission for review, comment and approval.
Section 3. That a presentation be made to the entire Augusta Aviation
Commission regarding funding sources for the proposed improvements and
refinancing of the existing debt in the form of a Special Purpose Facility
Bond or Special Purpose Facility Bank Loan with StandardAero being
responsible for the payment of debt service on the obligation.
Section 4. That a proposed amended lease be drafted by the parties for
review and negotiation of certain terms.
Section 5. Severability. If any section, sentence, clause or
phrase of this Resolution is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of
this Ordinance, and such remainder shall remain in full force and effect.
Section 6. Effective Date. This Resolution shall be in full force and
effect immediately upon and after its final passage.
SO RESOLVED this ______ day of ___________________, 2009.
Attachment number 1Page 2 of 3
3
Airport
AUGUSTA AVIATION COMMISSION Garrett Aviation Services, LLC d/b/a
StandardAero
Karlton L. Howard _____________________________
Printed Name Printed Name
_________________________________ _____________________________
Signature Signature
Chairperson _____________________________
Title Title
________________ _____________________________
Date Date
AUGUSTA, GEORGIA
BY: _____________________________
AS ITS: ___MAYOR____________
_____________________________
Date
ATTEST: _____________________________
CLERK OF COMMISSION
ATTEST: _____________________________
LEGAL
Attachment number 1Page 3 of 3