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HomeMy WebLinkAboutMIKE SMITH CATERING DBA EVENTS 20/20 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD State of Georgia ) ) County of Richmond ) CATERING CONTRACT THIS CONTRACT made and entered into this 23rd day of Mav, 2006, by and between, AUGUSTA GEORGIA, acting by and through the AUGUSTA AVIATION COMMISSION, whose address is Augusta Regional Airport at Bush Field, 1501 Aviation Way, Augusta, Georgia 30906-9600, hereinafter called "Airport", and MIKE SMITH CATERING. INC. DBA EVENTS 20/20, whose address is 4011 Enterprise Court. Martinez. Georaia. 30907 hereinafter called "Caterer". Aviation Services, the 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 catering for FBO customers, and WHERAS Caterer is a company engaged in the business of providing catering as required by the Airport, and WHEREAS the Airport wishes to, and is authorized to, grant to Caterer the right to provide 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. a. Caterer shall provide aircraft catering, as requested by aircraft owner/operators, during the term of this contract. b. Caterer will meet all Federal, State, and Local laws and requirements for food preparation and delivery for food to be consumed inflight. c. Cater will assist in planning for catering for private, corporate, and commercial aircraft operating through the FBO. d. Caterer will pay for all costs of goods sold, cost of rented or leased equipment, and for all labor charges incident to services under this Contract. e. Since Caterer employees will be required to operate in the secure areas of the airport, a small number of employees will be required to obtain the Airport's Security Identification Display Area (SIDA) badge. To qualify for the badge, individual must be fingerprinted and have a background investigation completed. Caterer will bear cost associated with badging employees. Page 2 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT f. FBO Facilities. A catering storage room is located west of the FBO. Caterer may use the room for storing catering orders. Storage room has electricity and lights but, is otherwise unimproved. g. Catering orders for food will always be maintained at proper temperatures and handled properly by all personnel. The deliver vehicle will be clean and present proper image at all times. h. Food. Catering food orders should be made of quality products, in sufficient portions so as not to be scant or excessive, in a pleasant presentation, and offer a variety of options for the customer. i. Beverages. Caterer will provide alcoholic and non-alcoholic beverages as requested for aircraft catering. j. Other services. Comply with catering orders as requested by the customer. k. Catering storage. Caterer will provide all equipment required for holding catering food orders until picked up by the customer. This may include but is not limited to refrigerators, etc. I. Ordering. Caterer will establish a 24-hour telephone ordering system for catering. FBO has a catering telephone number that is published nationwide. When taking orders the Caterer should, at a minimum, include the following information along with the catering request: Flight date Delivery date, if different from flight date Aircraft tail number Name of person placing order Requested delivery time Special packaging Instructions m. Billing. Caterer will establish direct bill and credit card systems for catering orders for customers. Caterer will collect all revenue for all sales for catering services. n. Catering Delivery. (1) Normally, the Caterer will 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 instructed otherwise. Except during Masters@ Golf Tournament, FBO personnel will normally deliver catering to the aircraft for general aviation and corporate aircraft. (2) Caterer will deliver catering to and properly store catering on AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 3 commercially operated aircraft. (3) Catering orders will be marked to easily identify customer and logged in at time of delivery (see Catering Log). o. Masters@ Golf Tournament Operations and Procedures. (1) Masters@ Golf Tournament is held annually, the first full week in April. (2) Caterer personnel will complete annual Masters planning meeting covering catering procedures, security areas, and ramp driving. (3) Masters Tournament catering operational procedures are applicable from 6 am the first Monday prior to Masters Tournament through noon the Monday following Masters Tournament. (a) Caterer will set up a customer service office at the airport to handle all catering requests. (b) Caterer will deliver all catering to the aircraft. (c) Caterer will provide all personnel, equipment and supplies as required to perform catering duties Le., golf carts, radios, etc. (d) Caterer will be expected to wash dishes and prepare laundry Masters week only 2. Term. The term of this contract shall be for a period of two (2) year(s) commencing on June 1, 2006 with an additional one (1) one-year option to renew. Either party may terminate this Agreement upon giving ninety (90) days written notice of the intent to cancel prior to the end of the initial term or any term thereafter. 3. Leased Premises. a. Airport does hereby lease and Caterer, for its exclusive use, does hereby lease storage space known as the Catering room. Airport reserves the right to relocate Catering room to a mutually agreed upon location should the need arise during the term of this Contact. b. During the term of this Contract, Caterer agrees to pay Airport the rental sum of One Dollar ($1.00) per annum for use of Leased Premises, payable in advance. 4. Compensation. Caterer agrees to pay Augusta Regional Airport a flat fee of $950.00 per month on a quarterly basis. Payments are due on the 10th day of the last month of the quarter in accordance with the following schedule: Quarter Due Date Payment June 1 - August 31, August 10 $2,850 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 4 December 1 - February 28 February 10 $2,850 $2,850 $2,850 September 1 - November 30 November 10 March 1 - May 31 May 10 5. Utilities. Not applicable. 6. Repairs and Maintenance. Airport shall maintain the Leased Premises, including any changes, additions, alterations, modifications and/or improvements made by Caterer as provided herein, normal wear and tear are excluded. 7. 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 Leased Premises. The foregoing shall also apply to any exterior signs, notices, placement of machinery or equipment either attached or placed outside of the Leased Premises. Caterer agrees to submit any and all plans for any changes, additions, alterations, modifications and/or improvements to the Leased Premises to Airport for approval before said alterations, changes or additions are begun. Airport shall not unreasonably withhold its approval of said plans. 8. 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 on the Leased Premises at the effective date of this Contract or added to the Leased 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 Leased Premises 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. 9. Inspection by Airport. Airport, its authorized agents or representatives shall have the right to enter upon the Leased premises to make inspections during regular business hours when a representative of Caterer is present, or at any time in case of an emergency 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 thirty (30) days. 10. 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 Leased Premises. (deleted) 11. Rules and Regulations. Caterer agrees that use of the Leased Premises shall be conducted in compliance with all local, state and federal laws, 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 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 5 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 speCifically agrees that its operations shall be conducted in compliance with all federal, state and local environmental laws, rules and regulations, and agrees to indemnify and hold harmless Airport (and each of Airport's elected officials, officers, agents, employees and representatives), from and against any claims, actions, demands or liabilities of any kind arising out of or relating to Caterer's use of the Leased Premises 12. Insurance. Caterer must maintain appropriate insurance for restaurant and catering operations. Augusta Regional Airport at Bush Field, Augusta Aviation Commission, City of Augusta, and Augusta Commission should be added as additional named insured and be given a 30-day notice of any cancellation or policy changes. Liability limits shall be no less than $1,000,000 to include Broad Form General Liability inclusive of Product Liability. Liquor liability must be included. 13. Indemnity Insurance. Caterer agrees to indemnify and hold harmless Airport from any and all claims in any way related to or arising out of any failure of Caterer to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the Leased Premises or on Airport property during the period from the date of this Contract to the end of the Contract Term, including reasonable attorney's fees and expenses of litigation incurred by Airport in connection therewith. a. Caterer further agrees that the foregoing Contract to indemnify and hold harmless applies to any claims for damage or injury to himself and/or any individuals employed or retained by himself in connection with any changes, additions, alterations, modifications and/or improvements made to the Leased Premises, and hereby releases Airport from liability in connection with any such claims. b. If the Leased Premises should be damaged or destroyed by fire or other casualty, the same shall be repaired or replaced utilizing the proceeds of the insurance coverage required to be maintained by Caterer under the terms of this Contract. In the event such damage or destruction renders the Leased Premises untenantable, the rent required to be paid hereunder shall nevertheless continue to be paid by Caterer without interruption during the period of repair or replacement. 14. 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. AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 6 15. 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 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 against Airport, which is not dismissed or fully stayed within twenty (20) days after the filing or institution thereof. 16. 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. 17. Leased Premises accepted "as-is." Caterer acknowledges and agrees that he has inspected the Leased Premises prior to his execution of this Contract, that he is aware of the condition of the Leased Premises as of the date of execution of this Contract, and Caterer leases the Leased Premises "as-is." Airport agrees that Leased Premises will meet applicable city codes at time of Caterer's occupancy. 18. Notices. All notices, demands, and requests which mayor 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: AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 7 If intended for Caterer: If intended for Airport: Events 20/20 Attn Mike Smith 4011 Enterprise Court Martinez, GA 30907 Augusta Aviation Commission C/o, Executive Director 1501 Aviation Way 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. Exculpation; Indemnity. Wherever in this Contract Airport's liability is limited, modified or exculpated or Caterer agrees to indemnify or hold Airport harmless or have Airport named as an additional insured, the term Airport shall mean and include the Augusta-Richmond County Commission (including its Mayor) and its members, officers, elected officials, agents, servants, employees and successors in office. 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. 22. Entire Contract. This Contract, to include Caterer's response to Request for Proposal # 06-085, 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. 23. Breach. Upon the failure of Caterer to observe or comply with any of the provisions of this Contract, Airport may immediately terminate this Contract and institute such actions necessary to recover the property and evict Caterer. 24. Contract Termination. a. In the event of failure to comply with the terms of this contract, 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, Caterer shall: AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 8 (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 his best efforts to mitigate any damages which may be sustained as a consequence of termination under this clause. IN WITNESS WHEREOF, the parties hereof have caused this Contract to be executed as of the day and year first above written. Signed, sealed, and delivered In the presence of: /)al(W IJ /5JtnaUJj~/ Notary Mblic, State of GA My Commission Expires: [SEAL] Georgia Notary PUblic, Columbia counti, 2006 My CommiSSion Expires ,,-u[!,. 1. Signed, sealed, and delivered In the presence of: ary Public, State of GA y Commission Expires: /o!'" #001 [SEAL] Signed, sealed, and delivered In the presen~ Notary Pu ic, State of GA My Commission Expires: Notary Public, Richmond County, Georgia My CommiSSIon t)',pires June 14, 2009 AUGUSTA AVIATION COMMISSION BY:~~ As its: CHAIRMA / MIKE SMITH CATERING DBA EVENTS 20 20 S CORPO TION- By: AUGUSTA REGIONAL AIRPORT AT BUSH FIELD CATERING CONTRACT Page 9 Catering Log INSTRUCTIONS: Aviation Services clerk completes form when catering is delivered to FBO. Caterer will provide customer's flight/tail number and number of packages in the order. Date #of Flight I Tail # Delivery Initials FBO Initials Packae:es