HomeMy WebLinkAbout2014-07-07-Meeting Agenda
Public Service Committee Meeting Commission Chamber- 7/7/2014- 12:45 PM
PUBLIC SERVICES
1. New Application: A. N. 14 - 23: A request by Melissa L. Reese
for a retail package Beer & Wine license to be used in
connection with Walgreen Co DBA Walgreens #15333 located
at 2493 Tobacco R. District 4. Super District 9.
Attachments
2. Discussion: A request by Young Hong for a Sunday Sales
license to be used in connection with Kinja Sushi located at 516
Shartom Dr. There will be Sunday Sales. District 7. Super
District 10.
Attachments
3. Discussion: A request by Voncellies Allen for a Dance License
to be used in connection with Club Climax located at 1855
Gordon Hwy. District 2. Super District 9.
Attachments
4. Update on disaster warning system and generators for
emergency shelters. (Requested by Commissioner Fennoy)
Attachments
5. Motion to approve the First Amendment to the on-site Rental
Car Concession Agreement with Bentley Auto Rental, LLC
D/B/A Ace Rent-A-Car as approved by the Augusta Aviation
Commission at their May 29, 2014 Meeting.
Attachments
6. Motion to approve Iacofanos 2014 Inflight Catering Permit as
approved by the Augusta Aviation Commission at their May 29,
2014 Meeting.
Attachments
7. Motion to approve the minutes of the Public Services
Committee held on June 9, 2014.
Attachments
8. Discussion: A request by Angela Raynor for a Therapeutic
Massage Operators license to be used in connection with Oasis
Hair & Body located 3062 Damascus Rd. District 2. Super
District 9.
Attachments
www.augustaga.gov
9. Discussion: A request by Aimin Zhang for a Therapeutic
Massage Operators license to be used in connection with Hua
Shun, Inc. located at 3450 Wrightsboro Rd. District 3. Super
District 10.
Attachments
Public Service Committee Meeting
7/7/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: A. N. 14 - 23: A request by Melissa L. Reese
for a retail package Beer & Wine license to be used in connection
with Walgreen Co DBA Walgreens #15333 located at 2493
Tobacco R. District 4. Super District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $665.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 2
Item # 1
Attachment number 1 \nPage 2 of 2
Item # 1
Public Service Committee Meeting
7/7/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:Discussion: A request by Young Hong for a Sunday Sales license
to be used in connection with Kinja Sushi located at 516 Shartom
Dr. There will be Sunday Sales. District 7. Super District 10.
Background:This is a request for Sunday Sales.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1330.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 3
Item # 2
Attachment number 1 \nPage 2 of 3
Item # 2
Attachment number 1 \nPage 3 of 3
Item # 2
Public Service Committee Meeting
7/7/2014 12:45 PM
Dance Application
Department:Plannig & Development
Caption:Discussion: A request by Voncellies Allen for a Dance License to
be used in connection with Club Climax located at 1855 Gordon
Hwy. District 2. Super District 9.
Background:This a request for a Dance License to be used for an 18 and Up age
group location. There primary operating hours will be after normal
club operating hours.
Analysis:We have determined that the applicant can meet our requirements
but there proposed hours of operation pose a problem for us and the
RCSO.
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:Planning & Development recommends approval under the condition
that they be allowed to operate only doing normal club operating
hours. If these conditions cannot be met we recommend denial. The
RCSO makes no recommendation.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 2
Item # 3
Attachment number 1 \nPage 2 of 2
Item # 3
Public Service Committee Meeting
7/7/2014 12:45 PM
Disaster Warning System and Generators
Department:Clerk of Commission
Caption:Update on disaster warning system and generators for emergency
shelters. (Requested by Commissioner Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Public Service Committee Meeting
7/7/2014 12:45 PM
FIRST AMENDMENT TO ON-SITE RENTAL CAR CONCESSION AGREEMENT WITH BENTLEY
AUTO RENTAL, LLC D/B/A ACE RENT-A-CAR
Department:Augusta Regional Airport
Caption:Motion to approve the First Amendment to the on-site Rental Car
Concession Agreement with Bentley Auto Rental, LLC D/B/A
Ace Rent-A-Car as approved by the Augusta Aviation
Commission at their May 29, 2014 Meeting.
Background:Bentley Auto Rental, LLC d/b/a Ace Rent-A-Car entered into a
rental car concession agreement with the Augusta Aviation
Commission in February 2011. The agreement expires on
December 31, 2014. Recently Mr. Bentley, President of Bentley
Auto Rental requested assignment of his lease to Payless Car
Rental pursuant to Section 16 of his current concession
agreement.Payless Car Rental has submitted a letter of request to
Airport staff requesting the assignment of the Ace Rent-A-Car
concession agreement.
Analysis:The concession agreement allows for assignment in Section 16.
Ace Rent-A-Car and Payless Car Rental have submitted letters of
request for the assignment. The assignment will be budget neutral.
Legal counsel has reviewed the request for assignment and drawn
up the paperwork to amend the concession agreement. Letters of
request from Ace Rent-A-Car and Payless Car Rental are attached
as Exhibit A to the First Amendment document.
Financial Impact:
Alternatives:Deny request.
Recommendation:Approve request.
Funds are Available
in the Following
Accounts:
551000000-3492404 551000000-3492408
Cover Memo
Item # 5
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
FIRST AMEDMET TO
O SITE RETAL CAR COCESSIO AGREEMET
BETWEE
AUGUSTA, GEORGIA
FOR THE AUGUSTA REGIOAL AIRPORT
AD
BETLEY AUTO RETAL, LLC
d/b/a ACE RET-A-CAR
ASSIGMET OF LEASE AGREEMET
THIS FIRST AMENDMENT TO ON-SITE RENTAL CAR CONCESSION
AGREEMENT (Agreement) made this _____day of ___________2014, by and between
Augusta Georgia (Lessor) on behalf of the Augusta Aviation Commission (Commission),
an agency of Augusta, Georgia and Bentley Auto Rental, LLC d/b/a Ace Rent-A- Car, a
corporation existing under the laws of the state of Texas (Lessee).
WITESSETH:
WHEREAS, on February 24, 2011, the parties entered into an On-Site Rental Car
Concession Agreement; and
WHEREAS, Lessee has requested to assign its Agreement to Payless Rental Car,
Inc.; and
WHEREAS, both the Lessor and Lessee desire allow the assignment of this
Lease pursuant to Section 16, Assignment under the same terms and conditions for the
operations of the Rental Car Concession; and
OW THEREFORE , in consideration of the mutual covenants and
considerations herein contained, the Lessor and Lessee hereby agree as follows:
Attachment number 1 \nPage 1 of 4
Item # 5
First Amendment to Bentley Lease Agreement Page 2 of 4
1.
The Lessor hereby consents to the Assignment of this Agreement as set forth in Section
32 to Payless Rental Car, Inc., under the same terms. The Notice of Request for
Assignment and Notice of acceptance of Assignment are attached hereto as Exhibit A.
2.
Except as Amended specifically amended herein all other terms and conditions of the
Agreement shall remain the same.
I WITESS WHEREOF , the parties have executed this First Amendment to the
Agreement as of the day and year first above written.
Augusta, Georgia Augusta Aviation Commission:
By: _____________________ By: _______________________________
Mayor Douglas Lively, Chairman
Attest:
___________________
Lena Bonner,
City Clerk
Date: _____________________
Bentley Auto Rental, LLC d/b/a Ace Rent-A-Car
By: ___________________________________
Robert Bentley, President
Attachment number 1 \nPage 2 of 4
Item # 5
First Amendment to Bentley Lease Agreement Page 3 of 4
EXHIBIT A
Attachment number 1 \nPage 3 of 4
Item # 5
First Amendment to Bentley Lease Agreement Page 4 of 4
Attachment number 1 \nPage 4 of 4
Item # 5
Public Service Committee Meeting
7/7/2014 12:45 PM
IACOFANOS 2014 INFLIGHT CATERING PERMIT
Department:Augusta Regional Airport
Caption:Motion to approve Iacofanos 2014 Inflight Catering Permit as
approved by the Augusta Aviation Commission at their May 29,
2014 Meeting.
Background:Iacofanos Group is a full service catering company that serves
corporate and social events to include inflight catering. The term
of the permit is for 12 months, June 1, 2014- May 31, 2015.
Analysis:Based out of Mount Pleasant, South Carolina, Iacofano’s has
grown from a local deli, to a fine dining restaurant, to a full scale
catering company. Iacofano’s has been in business for more than a
decade providing exceptional catering services to their clients.
Financial Impact:Quarterly Permit fee is $3750.
Alternatives:Deny request.
Recommendation:Approve request.
Funds are Available
in the Following
Accounts:
551000000-3492107
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
2014 IFLIGHT CATERIG PERMIT
AUGUSTA REGIOAL AIRPORT AUGUSTA, GEORGIA
THIS PERMIT is entered into this 1st day of June 2014, 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 called “Airport”) and Iacofanos Group, a__________Limited Liability Company, whose
business address is 626 Coleman Boulevard, Mt. Pleasant South Carolina 29464, (hereinafter called
“Caterer).
WHEREAS the Aviation Commission operates the Airport and requires in-flight catering for
Airport’s customers operating through the General Aviation Terminal; and
WHEREAS Caterer is a company engaged in the business of providing in-flight catering as
needed by the Airport; and
WHEREAS the Airport wishes to, and is authorized to grant to Caterer the privilege to provide
in-flight catering at the Airport under a Permit containing mutually satisfactory terms and covenants.
OW, 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 shall:
a. Provide all food, facilities and personnel required to provide Catering Services (Services)
Twenty-four (24) hours per day, three hundred sixty five (365) days per year.
b. Be responsible for all costs of food and goods sold, costs of rented or leased
equipment/facilities and for all labor charges incident to the Services provided.
c. Provide a Marketing Plan to encourage increased sales, if requested by the Airport. Caterer
warrants that it has the capability to provide marketing and advertising through mass emails
and Specialty Event Engine sites for Services offered.
d. Comply with all Federal, State, and Local laws and requirements for food preparation and
delivery for food to be consumed in-flight.
e. Maintain an “A” Rating from the Augusta Richmond County Department of Health and
current ServSafe Certification.
f. Assist the Airport in planning catering activities for private, corporate, and commercial
aircraft operating through the FBO.
g. Provide menus offering a variety of options for customers at reasonable and appropriate costs
consistent with caterers in the in-flight catering industry offering services at similar sized
Attachment number 1 \nPage 1 of 9
Item # 6
airports.
h. 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.
i. Provide alcoholic beverages as requested by customers at reasonable and appropriate costs
consistent with caterers in the in-flight catering industry offering services at similar sized
airports.
j. Provide other services i.e., washing dishes; preparing laundry, etc. to comply with customer’s
requests at reasonable and appropriate costs consistent with caterers in the in-flight catering
industry offering services at similar sized airports.
k. Establish a 24-hour per day ordering system for catering. Caterer warrants that it maintains a
website with its goals, contacts, areas served and basic menu items offered. Caterer shall
provide customers with the option to telephone, fax or email catering requests.
l. Provide direct bill or credit card systems for collecting payment for catering orders. Caterer
will collect all revenue for all sales of catering services.
m. 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.
n. Deliver catering order(s) to the Airport’s Catering Storage Room.
o. During Masters’® Week or when requested by the customer, Caterer will deliver catering
order to customer’s aircraft.
p. p. Caterer’s Delivery vehicle shall be clean and present a proper image at all times.
q. Catering orders shall be marked to easily identify customer and be logged in at time of
delivery to the FBO Customer Service counter on the Catering Log, attached. For multiple
packages in a single order, individual packages shall be marked i.e., 1 of 4, 2 of 4, etc. Each
package shall be marked with the customer’s information.
r. 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.
s. 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.
t. Except during special events such as the Masters® Golf Tournament, FBO personnel will
deliver the catering orders to the aircraft for General Aviation and corporate aircraft.
u. All foods provided shall meet or exceed local, national and international flight specifications
including the packaging.
v. Technical Support. Caterer has access to several national and international flight companies'
systems for confirmation and/or billing of orders.
w. Caterer shall maintain an in-flight catering system to track all catering orders processed.
x. Caterer shall maintain a 24/7/365 client on-call phone line, plus additional contact names
numbers and email addresses on its web site.
Attachment number 1 \nPage 2 of 9
Item # 6
2. Masters® Golf Tournament Operations
a. Masters® Golf Tournament is held annually during the first full week in April.
b. Caterer will assist the Airport in planning catering activities.
c. Caterer shall provide all personnel, vehicles, equipment, and supplies as needed to perform its
catering duties such as golf carts, radios, computers, etc.
d. Caterer will set up a Customer Service office at the FBO to handle all catering services.
e. Food services for Masters® operations will begin at midnight on Sunday prior to the
Tournament and end at noon on Monday following the Tournament. During Masters® the
Caterer’s office shall be open from approximately 6 am to 10 pm daily. The Office shall also
be open when catering orders are to be delivered.
f. Caterer shall be required to deliver all catering to the aircraft during Masters®.
g. Caterer shall be required to wash dishes and prepare laundry during Masters®.
3. Special Identification Display Area (SIDA) badges.
a. Since Caterer’s employees will be required to operate in the Airport’s secure areas, Caterer
shall be required to obtain SIDA badges for any employee working in the SIDA. To qualify
for the badge each individual must be fingerprinted and have a background investigation
completed in compliance with Transportation Security Administration (TSA) and Federal
Aviation Administration (FAA) Regulations. The 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 in compliance with the FAA and TSA Regulations. The background
check may also include the 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 background checks and agrees to make available to the Airport all
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 shall 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. All persons driving vehicles shall be properly licensed. Failure to
adhere to these Regulations and the terms set forth herein shall be deemed an event of default
and may cause the termination of this Permit.
e. Caterer shall be responsible for the payment of any fines issued by the Airport, FAA or TSA
for violations of these Regulations while operating on the SIDA.
4. Compensation.
a. For the privileges herein provided the Caterer shall pay the Airport a quarterly fee of Three
Thousand Seven hundred fifty dollars ($3750).
b. Compensation shall be delivered to the Airport on or before the first (1st) day of the first
month in each quarter.
5. Interest; Attorney’s Fees. All fees or other payments required to be paid by Caterer hereunder, if
not paid within five (5) days of the due date, shall bear interest from the date the same became due
Attachment number 1 \nPage 3 of 9
Item # 6
until the date payment is received by the Airport at the rate of 1.5% per month (18% per annum). If
Caterer fails to pay fees or any other payment required hereunder and the same is collected through
the services of an attorney, the Caterer shall pay to the Airport all attorneys’ fees and all reasonable
expenses of the litigation.
6. Concept of Operations. Airport agrees to:
a. Provide access to a Catering Storage Room. Caterer may use the FBO Catering Room
located west of the FBO as the catering office and for storing catering orders deliver catering
orders and wash customer’s dishes except during Masters® or during other special events as
coordinated with Caterer.
b. Provide facilities near FBO, street side, for storage of Caterers trailer during Masters®.
c. FBO will provide a catering telephone number that is published nationwide.
d. Use Caterer’s Services as one of the caterers for the General Aviation Terminal customer’s
in-flight catering.
1) If a customer chooses catering by third party caterer the FBO will not accept the food
and will instruct the third party caterer to coordinate the catering delivery with
authorize inflight caterers approved by the airport.
2) The FBO will handle catering brought to the FBO by the customer as baggage.
3) Caterer acknowledges and accepts that the Airport’s caterer preference does not apply
to any other Airport tenant or Department.
7. Premises. The Airport will provide Caterer with food storage space in the FBO Catering Room.
a. Premises Relocation. Airport reserves the right to relocate the Catering Room should the
need arise during the term of this Permit.
b. Repairs and Maintenance. Airport shall maintain the Catering Room, including any changes,
additions, alterations, modifications and/or improvements. However, Caterer shall be
responsible for any damage caused during its operations normal wear and tear is excluded.
c. Cleanliness. Caterer shall be responsible for maintaining the cleanliness of the Catering
Room, including sweeping and mopping the floors and ensuring that the Caterer’s machinery
and 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 long as the facility remains “as is”.
e. Changes, Additions, Alterations, Modifications, Improvements. Caterer shall make no
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.
f. Inspection by Airport. The Airport, or its authorized agents or representatives shall have the
right to enter the Catering Room to make inspections at any to determine whether Caterer is
complying with the terms and conditions of this Permit; 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. Failure to
correct any deficiency within the time provided may cause termination of this Permit.
g. 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
Attachment number 1 \nPage 4 of 9
Item # 6
comparable size and utilities until the Airport repairs or replaces the same.
8. Taxes. Caterer shall pay any and all personal property and sales taxes that may be assessed against
its business, equipment, merchandise, or other property located on or about the Catering Room.
9. Term. The term of this Permit shall be for a period of one (1) year commencing on June 1, 2014.
The Airport will notify Caterer of its intent to renew the Permit approximately sixty (60) days prior
to its expiration. Either party may terminate this Permit upon giving ninety (90) days written notice
of the intent to cancel prior to the end of the initial term or any term thereafter. This provision does
not preclude the Airport from cancelling the Permit pursuant to Section 16.
10. Rules and Regulations. Caterer agrees to conduct its business in compliance with all local, federal
laws, FAA regulations, Food and Drug Administration regulations, the ordinances of Augusta,
Georgia, the Department of Health the Rules and Regulations of the Airport and the Augusta-
Richmond County Commission. Caterer shall conduct its business in such a manner that will
develop and maintain the Airport’s good-will.
11. Caterer shall procure and keep in force during the term of this Permit all necessary licenses,
registrations, certificates, permits and other authorizations to provide catering and food handling
services as are required herein or by any state or federal agency regulating the same.
12. Insurance.
a. Caterer agrees to maintain insurance with an Insurer rated “A” or better by AM Best for its
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
limited to, General Liability, Liquor Liability, and Worker’s Compensation Statutory
Liability, must also be included.
3) If Caterer provides liquor, then Liquor liability must be included with limit no less than
$1,000,000.
4) Worker’s Compensation must be carried as required by Georgia State Law.
5) Caterer shall provide additional insurance as required by the Airport’s Executive
Director or County’s Risk Manager.
b. The Augusta Regional Airport at Bush Field, Augusta Aviation Commission, City of Augusta
and Augusta Commission must be added as an additional named insured and be given a thirty
(30)-day notice of any cancellation or policy changes.
13. Indemnity.
a. Caterer shall indemnify and hold harmless the 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 error, omission, accident or failure of Caterer to perform its
obligations hereunder during the period from the date of this Permit to the end of the Permit
Term.
Attachment number 1 \nPage 5 of 9
Item # 6
b. Caterer further agrees that the foregoing agreement to indemnify and hold harmless applies to
any claims for damage or injury to any individuals employed or retained by Caterer.
14. Assignments. Caterer shall not, assign this Permit or any interest there under, sublet the Premises
provided or any part thereof, or Permit the use of the 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 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 relieving the Caterer’s liability. Any such assignee shall
comply with terms of this Permit and shall be able to meet FAA and TSA requirements regarding
badges.
15. Default. It is understood between the parties hereto that in the event of default by the Caterer
during the term of this Permit the Airport shall provide the same in writing, and if such condition of
default is not removed and restored within fifteen (15) days after receipt of such notice, then the
Airport shall have the option of declaring this Permit in default and proceed to enforce its rights in
accordance with the law. For purposes of this Section, an "event of default" includes but is not
limited to:
a. Caterer’s failure to make any payment when it becomes due under this Permit, where such
failure continues for ten (10) days after the due date;
b. Caterer’s failure to perform, observe and/or comply with any provision of this Permit, where
such failure is not cured within fifteen (15) days of notice thereof from Airport or a shorter
timeframe as provided in the notice; or
c. Caterer’s insolvency or inability to pay its debts as they become due, or Caterer making of an
assignment for the benefit of creditors, Caterer’s application for or consent to the
appointment of a receiver, trustee, conservator or liquidator of Caterer or of any of its assets,
or Caterer’s filing of a petition for relief under any bankruptcy, insolvency, reorganization or
similar laws, or the filing of a petition in, or proceeding under, any bankruptcy, insolvency,
reorganization or similar laws, which is not dismissed or fully stayed within twenty (20) days
after the filing or institution thereof.
16. Permit Termination.
a. The Airport may terminate this Permit in the event of a default or failure to comply with the
terms of this agreement, which is not cured as set forth in paragraph 15 above, entitled
“Default”. The Airport may terminate this Permit or any 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 Airport’s Executive Director 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 under this Permit, 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
Permit 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.
17. Ingress and Egress. So long as the Caterer shall pay the fees as required and perform the duties and
obligations herein agreed to be performed by it Caterer, its invitees, guests, customers and
employees shall have full privilege of ingress and egress to the Premises when the FBO is open and
Attachment number 1 \nPage 6 of 9
Item # 6
operating without charge, toll or fee.
18. 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:
IACOFANOS GROUP, LLC. Augusta Aviation Commission
Attn: John Iacofano or Matt Rabon Attn: Executive Director
626 Coleman Blvd. 1501 Aviation Way
Mt. Pleasant SC 29464 Augusta, GA 30906
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.
19. Covenants Bind and Benefit Successors and Assigns. The provisions of this Permit 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 Permit pursuant to any conveyance, transfer, or assignment in violation of any of its provisions.
20. Governing Law. This Permit shall be governed and interpreted by the laws of the State of Georgia.
21. Counterparts. This Permit 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.
22. Severability. In the event that any part, provision or term of this Permit 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 Permit 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 Permit shall, as so amended, modified, supplemented, or otherwise affected by
such action, remain in full force and effect.
23. Financial Condition. Caterer warrants that there has been no material adverse change in its
financial condition that would impair it’s the ability to perform its obligations under this Permit.
24. 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 this Permit, or to any solicitation or proposal for a Permit 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 Permit.
25. Contingent Fees. Caterer warrants that it did not employed or retained any company or person,
other than a bona fide employee working for Caterer, to solicit or secure this Permit; 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 or any other
consideration contingent upon the making of this Permit. For the breach or violation of this
Attachment number 1 \nPage 7 of 9
Item # 6
representation and warranty and upon a finding after notice and hearing, the Airport may terminate
this Permit and, at its discretion, may deduct from fees or otherwise recover, the full amount of any
such fee, commission, percentage, gift or consideration.
26. Entire Permit. This Permit, including its exhibits and specific portions of Caterer’s proposal, and
reconciled exceptions, contains the entire agreement between the parties, and no representations,
inducements, promises or previous 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.
I WITESS WHEREOF , the parties hereof have caused this Permit to be executed as of the day and
year first above written.
AIRPORT CATERER
AUGUSTA AVIATION COMMISSION IACOFANOS GROUP LLC.
_________________________________ _____________________________
Douglass Lively, Chairman Owner
__________________________ _____________________________
Date Date
ATTEST: _____________________________
CLERK
AUGUSTA RICHMOD COUTY, GEORGIA
BY: _____________________________
AS ITS: DEKE COPENHAVER, MAYOR
ATTEST: _____________________________
CLERK OF COMMISSION
BALACE OF PAGE LEFT BLAK ITETIOALLY
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Item # 6
EXHIBIT A
CATERIG LOG
ISTRUCTIOS : Aviation Services Customer Service Clerk completes this form when catering is delivered to
FBO. Caterer will provide customer’s flight/tail number and number 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
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Item # 6
Public Service Committee Meeting
7/7/2014 12:45 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on June 9, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
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Item # 7
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Item # 7
Public Service Committee Meeting
7/7/2014 12:45 PM
Therapeutic Massage Operators Application
Department:Planning & Development
Caption:Discussion: A request by Angela Raynor for a Therapeutic
Massage Operators license to be used in connection with Oasis
Hair & Body located 3062 Damascus Rd. District 2. Super District
9.
Background:This is a request for a massage operators license.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance that regulates Therapeutic Massage.
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
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Item # 8
Public Service Committee Meeting
7/7/2014 12:45 PM
Therapeutic Massage Operators Application
Department:Planninfg & Development
Caption:Discussion: A request by Aimin Zhang for a Therapeutic Massage
Operators license to be used in connection with Hua Shun, Inc.
located at 3450 Wrightsboro Rd. District 3. Super District 10.
Background:This is a therapeutic massage operators application.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance that regulates Therapeutic Massage.
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
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Item # 9