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.
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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
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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
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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
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(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