HomeMy WebLinkAboutMIKE SMITH CATERING D/B/A EVENTSState of Georgia
County of Richmond
CATERING CONTRACT
THIS CONTRACT made and entered into this 1 St 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 called "Airport", and MIKE SMITH CATERING
COMPANY, INC., D /B /A EVENTS 20/20, whose address is 4011 ENTERPRISE COURT,
MARTINEZ, GA 30907 hereinafter called "Caterer ". Aviation Services, Airport fixed base operator
(FBO) and a department of Augusta Regional Airport is hereinafter referred to as "FBO ".
WHEREAS the Airport operates Augusta Regional Airport at Bush Field and requires in -flight
catering for Airport's customers operating through the general aviation terminal, 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:
Concept of Operations Caterer agrees to:
a. Provide all facilities and personnel required to provide catering services 24 hours per day,
365 days per year, to meet Airport's in -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 with customer's
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.
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CATERING CONTRACT
1. 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 Catering Storage Room. During Masters' Week or when
requested by the customer, Caterer will deliver catering order to customer's aircraft.
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.
Each package will be marked with the customer's information.
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 MastersO Golf Tournament, FBO personnel
will deliver catering to the aircraft for general aviation and corporate aircraft.
n. Attach a copy of customer's actual itemized invoice, with retail pricing 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
customer's order is placed on such short notice as to preclude creating an invoice. In
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.
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CATERING CONTRACT
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 Caterer's employees will be required to operate in airport secure areas, Caterer shall be
required to obtain the Airport's SIDA badges for any 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
Caterer's gross monthly revenue (hereinafter referred to as "Compensation ").
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 customer's catering
invoice, except for federal, state, county, or municipal sales, use, and excise taxes now in
effect or hereinafter levied or otherwise levied on Caterer's operation.
d. Compensation shall be delivered to Airport on or before the fifteenth (15` day of the
calendar month following the calendar month during which the catering order was delivered.
5. Interest; Attorney's Fees 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
pay to Lessor attorney's fees in the amount of 15% of the total amount due from Lessee and all
reasonable expenses of the litigation.
6. Sales Report
a. Caterer will provide Airport a monthly Sales Report, (hereinafter referred to as "Report") 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
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were adjusted or changed.
1) Original invoices will be reflected in the Report for the calendar month in which the
catering was delivered. When Caterer's original invoice is adjusted 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 (15 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 wash customer's dishes except during MastersO Golf
Tournament or during other special events as coordinated with Caterer.
C. Provide facilities near FBO, street side, for storage of Caterers trailer during MastersO 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.
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,
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" and unimproved.
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
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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 Aipport 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 maintain insurance with an Insurer rated "A" or better 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
limited to, General Liability, Liquor Liability, and Worker's Compensation Statutory
Liability, must also be included.
3) 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.
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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 relieving Caterer's liability. 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. Caterer's failure to make any payment when it becomes due under this Contract, where such
failure continues for 10 days after the due date;
b. Caterer's failure to perform, observe and /or comply with any provision of this Contract,
where such failure is not cured within 15 days of notice thereof from Airport; or
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 against Airport, which is not dismissed or fully stayed within
twenty (20) days after the filing or institution thereof.
17. Contract Termination
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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
"Default". 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.
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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's Proposal is genuine and not collusive or a sham. Caterer 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's Proposal or the proposals of any 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's Proposal, and in all post - 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's Proposal
does not contain any untrue statement of a material fact or omit to state a material fact
required to be stated therein, or necessary in order to make the statements therein not
misleading.
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
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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 Contract This Contract, to include Caterer's response to Request for Proposal # 09 -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
AUGUSTA AVIATION COMMISSION
Caterer
MIKE SMITH CATERING COMPANY, INC
DBA EVENTS 20 -20
Karlton L. Howard
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CATERING CONTRACT
Catering Log
INSTRUCTIONS: Aviation Services customer service clerk completes 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 t otal numb of
packages i.e. 2 of 4.
FBO Caterer
Date Flight /Tail # Packages Catering Services Invoice Initials Initials
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