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Home My WebLink About112-80 RESOLUTIONRESOLUTION NO. //,2_fQ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WARD -POWER MANAGEMENT COMPANY FOR THE OPERATION OF A RESTAURANT AT THE DRAKE FIELD TERMINAL BUILDING. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized • and directed to execute a contract with Ward -Power Management Company for the operation of a restaurant at the Drake Field Terminal Building. A copy of the contract authorized hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1980. CITYtCLERK day of Y1 o, ,,,-(yn J , APPROVED: MICROFILMED 'ic is ;Jn o tate of Arkansas City of Faysttevi c I, Bo::.nio Gocrin^, City C'rl: recorder for C.22 City CI _ -. _ :1 by certify that the anne::ed e-• isre:'i^i::g of record in r_ -j office and tip same ap-. pear; in Ordinance Cr Resolution book V'CI. ---at p ge hand and seal this s• td Witncsa ray clay or 192/ •a. City Clerk and E: n [Agit l . .i • LEASE AGREEMENT / /`i ! This Agreement executed this I day of d)ECE7111 `-, 1980, by and between the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter called "Lessor", and WARD -POWER MANAGEMENT, INC., hereinafter called "Lessee". In consideration of the mutual covenants contained herein, Lessor and Lessee hereby agree as follows: 1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, 1,144.5 square feet of floor space, more or less, in the new Terminal Building at the Fayetteville Municipal Airport (Drake Field) which floor space is more particularly identified on the floor plan attached hereto marked Exhibit "A" and made a part hereof. 2. Lessee shall establish and operate a fast food service on the demised premises. Said fast food service shall be open to the public not less than twelve (12) hours per day seven (7) days each week and shall be open to coincide with regularly scheduled airline passenger service at the Airport. All necessary equipment and furnishings or structural alterations shall be installed or made by Lessee at Lessee's cost. Lessee agrees to provide food service as outlined in the letter dated October 22, 1980, attached hereto marked Exhibit "B" and made a part hereof. 3. Lessee shall be permitted to serve beer and light wines for on -premise consumption provided Lessee has obtained all required federal, state and local permits. 4. The term of this Agreement shall be for a period of five (5) years from the execution date with the schedule of payments and rate to be renegotiated each twelve (12) months; provided, either party may terminate this Agreement by giving sixty (60) days written notice of termination to the other party. 5. Lessee shall pay Lessor as rent for use of the demised premises during the term of this Lease eight per -2 - cent (8%) of Lessee's gross sales per month on the demised premises or $1,144.50 per month, whichever is higher. The term "gross sales" as used herein shall mean Lessee's actual selling price of all goods, merchandise, food and beverages sold on the demised premises, including beer and light wines, and excluding any taxes or imposition billed separately to the purchaser. The term "gross sales" shall also include receipts from electronic games located on the Said rent shall be payable within twenty (20) expiration of each month under this Lease and accompanied by a sales report on forms to be Airport Manager. 6. Lessee shall maintain at all times a current, complete rebra of account of all sales. Lessor shall have complete access to said record of accounts during all reasonable hours and shall have the right to inspect Lessee's books and records of business and transactions including, but not limited to, cash register tapes, sales tickets and tax returns or reports. Lessee shall furnish to Lessor a copy of all sales tax reports filed by Lessee in the office of the Commissioner of Revenues of the State of Arkansas. Lessor's leased premises. days after shall be prescribed by • 7. Lessor shall pay for all gas, electricity, water service and sewer services provided to the demised premises. Lessee shall pay for sanitation service, telephone services, and any other utility services desired by Lessee. 8. If the demised premises shall be partially damaged by fire, or any other cause, but shall not be rendered untenable, Lessee shall repair said premises at Lessee's expense as soon as possible and Lessee's obligation to pay rent shall not be abated. If, however, the demised premises shall be damaged by fire or any other cause, so as to render said premises untenable, Lessor shall repair the premises at • -3- Lessor's expense as soon as possible and Lessee's rental payments shall be abated from the date of such damage until the premises are made tenable. 9. During the term of this lease, Lessee shall maintain, at Lessee's expense, the following insurance coverage with • solvent insurance companies authorized to do business in the State of Arkansas: a) Workmen's Compensation Insurance as required by Arkansas Law. b) General public liability insurance with limits of not less than $100,000.00 for injury or death of one person; $300,000.00 for injuries or deaths in any one accident; and $20,000.00 for property damage in any one accident. Lessee shall provide certificates evidencing all such insurance to the City Clerk of Lessor. 10. Lessee agrees to hold Lessor harmless from any claim, expense, loss or liability suffered or occasioned as a result of Lessee's use or occupancy of the demised premises. 11. Lessee agrees that it will not, on the grounds of race, color, or national origin, discriminate or prevent discrimination against any person or group of persons. 12. The executed Certification of Equal Employment Opportunity attached hereto marked Exhibit "C" is hereby made a part hereof. 13. The executed Certification of Non -Segregated Facilities attached hereto marked Exhibit "D" is hereby made a part hereof. 14. The parties acknowledge that it is the policy of the Fayetteville Municipal Airport that minority owned business enterprises and female owned business enterprises, hereinafter called MBE, as defined in 49 CFR, part 23, hereinafter called the "Regulations", shall have the same maximum opportunity to participate in the performance of all • Airport contracts awarded by the City, and that MBE requirements of the Regulations shall be included in and become a binding part of such contracts awarded to contractors, sub -contractors, vendors, and other entities. The parties further acknowledge that it is the policy of the Fayetteville Municipal Airport that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of all Airport contracts. The MBE requirements of 49 CFR part 23 are incorporated herein by reference thereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. ATTEST: • ;l) City Clerk ATTEST: Ci/tz e ecretary CITY OF FAYETTEVILLE, ARKANSAS, LESSOR By: r WARD -POWER MANAGEMENT, INC., LESSEE By President • • 1 I.-1/\ /\ ..% f• \ 7.- 1•C. .4_*[ • 1 VI I • • Swzs 15i/ ( -- •I ro'� Illy -I I • '1 • G:nSE .'Tp• x, -,TI Jl ;- - • • �,., IfiJ1-�ullclflj �CS.JJ. _nt Area 04Irot • rf _ems - :.e.- • • • • \ 4 LWAIAiC1.{ :GYILLL. 1 • 131 oi. 4 m towu;Four i-•sz— TIIRu c IJS. r 1- ere .Jr rcL •\ )tip 0-, _< 1; .c7"17 1J[ rc!J �; IN' .1 DETY}1L, EM'o; ,D r\6G GAT r32 !C"' -1 • • •-..% - 4 0 c -C .. Exhibit A - Page 2 f 4;AiAWr 3155 NORTH COLLEGE. SUITE 1 •` FRYETTEVILLE. RR 72701- y ., Mr. Don Grimea-4i { City' Manager ,j;` `Ci'ty of Fayetteville>3 to Fl & ii ( s Fayettevi lle „=Arkansas -sv- 1, t:-.-iekiFGit1 gY a Y a y t 4�1 'gFi ' Per•foour:meeting yesterday •ii.Ede Hogue's;off ice, I --would like to give f.you an. idea of. the direction •and planstttttt John Power and I khkave for theme ht' operation'of the Airport Restaurant 1p 4+ • 1 �f; {i ' s iF r i k+- sr . R S + 'C '.. E t • t+a-ry F` ..irI+.0 4L}"k ,•7fi. r!J S .i W74• �L'44x �J'- "i 1 :J `'a�e i°'� eCycci 1,�Y Asi;youtare aware, we ,have beenr.limitedt somewhat in menu selec• tio�nidue tosthe,healh depart.1 r • ment s'requirementa and our lack of a lease:,. How , ever, upon• gaining a lease from our bid, John and.I do have specifictt �''[ plans fbr,'y''''ehe. Airport Re•sti. aurant'' } S s r M iy d+pu�ax ;a ipqC'1,1I,�na �.r., iv. 6F ��T f+�M�`r ! w4. ,n�F�C, P�.: �. b jr %' fwtF'1. 1.:aa `i'Fli rQ:5 1 x y,.. o f :,NrC'1"q �'i•r ,� a 'r : F, • We are prepared zto' insta11;4a' cooking grill;,to enable us' to;h ! t4tlt F greattL.expand our. present menu selection._ This will be'a 4 .'Q! r:.Ct� t f . great boost :fare the. breakfast entrees in addition to hot .i, ,I -' 3 a sandwiches. during the • later part"of the day • • f;x t4n 1 t F i tA• 1 ti w 1"»r t °-y 4 4f4; ••k'' '• :.,•' LWe;also,will ipstall•a deep.fr er_tlto�enable us to prepare a . _,_ P Y_ P P k-� - fri'estand other products to complement the sandwichesi5+}z G "�i`' ki,aY:.'��1's• 3'R'�",;`,�,;',Yi'•Yf .µid "$ Fel h^IF W , r 2 Wenow.,heve a meatslicer which we can Prepare pa re ., a deli" type sandwich from. "rlinn. ' i'l a...1e'`y. ,S _ , ':3 .5 • ,sr�'v"4.1 -el'�5� (-k•.11:•:• x'4.4 ,f�..r . t a• 3tx c Pt µY r i.,� ra .. r 5.7nti.r�. t 4 ',beer cooler hasrbeen securedand will be installed as soon y. as we'teceive our; requite -dr permits' for the sale, of beer and .:44• "::-v. ,) cPM,•3�r N1 }G• G �, f£, Y - light twines y" t}p�, i.�P:ct ,• t e. , }`': -r fn•;'> fi d I.1:. gotOltwT 1, 4' er! r.iv �I -c5' •1 ( 0 ld.).hv.I:{ F 1 :tl We recently purchased a magazine'rack for sales in the restaurant Sa' end it hasbeen•well'.received by the airport patrons.•-{• We plan: to install a few electronic games also for the enter .' tainment of the waiting passengers t • -rigs a l (:•• 1 •3�r y I'. ;v t`r'L IL f' ��^"�',i' r ri �'br ' ti �� ' I '_ p , 7We will." install: additional seating as we have already seen a f iid, need for itPPL -1, s • 1 °' 8rb We.will beserving 'severai cold'weather its, iehot. chocolate?'chilli' soup; etc:, which we have not during_;+ ' tk the warmer seasons` ` i ; e ato,-.,,,:t..,„,,m �` kis a yyy •▪ . �. V ` . t.,•y.4 +fir v �! Y.t.. '�4 f Y'' t1r [ { z . h-- .T • L w s t -S 4..—; t .s 1.4, •••• '119'.1 r i c-;.,,x'r,1 '. n x:.. ,[,,f'. ?# y ., is rM'+ • ., p iI. id �'r '! >.`.� t,�; .. .t 3Y. z'_'%L�: �^".ti;+i5% � tr,• y ` 1g As I stated yesterday in our meeting, I. have asked our manager of the [.r . , Airport• Restaurant;to. take note of requests by the patrons. and apprise 1xetris mF:E' tuµ� .ame• 'of,those equests so that -we may better serve the needs of the-: • •.e,c.majority of:the'customers We, too,"want the Airport Restaurant to ;be a'first rate -operation which �we'can all be proud of and which can : Wzh.. sa s be successful for all those involved _„, t • #`r"'i�ji.;,ltip` ,,,,Yo-iat••(!si"r 4.+tkr;' 4A' il' �'"'�h;�1'*-i.khe r, I[F.-1 { 'kr >:'t ir..•; As in the first two months of.' -'operation, we intend to continue to h.w5 ` f ".-`"'t' • Mister •to•input from''you and Ede Hogue and' to strive to accomplish %` :4170: "';, „t + the goals desired by..the City of Fayetteville and Ward -Power Management,}Tf.'yt, IRC 4.��yy' T 'a fie^+ >" .� R� ! `"Y a� 1 a Y 3 r .. z e r r t'''IV.: t}, r rk 7��•. w }ny. �f F Li'f!�t5 r.£:�,1 �^�..;'�!T'}L.+Z.'.r3 e Y ei,'x� a s j 1J .SiC,N�*. FL,u. k4+ ,gsr �u'4+3't;# S + i a±PD,,{,.. '! 4 . rq 'i}", I : Y r r,CC F,.e a. oqr �'+^,¢ ' # _�,.'. . (�'.' r;: {tom" -„• Best' regards,,, 1, f ��fd^a:7 tjC r r. -F ,-,:-4-4.1.;r14;;?..) •pp Michael: G. Ward t v1 Ward Power Management, Inc • v+i • rl.,d,.�;'y fSs}'. f >'rb f:4i.F e ”' • • Y. ai (ry • ''. • Exhibit B - Page 2 .11 U. S. DE PARTMEt1T OF MOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS • 1111D-u2j8-co 1 (6-;s) This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici- pated in any previous contract or subcontract subject to the equal opportunity clause; and, ii so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. Bidder's Name: Address: CERTIFICATION BY BIDDER ln1l�f1t — Iow17Z mrcnike,c/1E I iu`• 3155 COLC.Che -.SU)T I FAN( ceolL -7z.-7o 1 1. Bidder hos participated in a previous contract or subcontract subject to the Equal Opportunity Clouse. Yes I1 No [71 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes EJ No 5] 3. Bidder hos filed all compliance reports due under applicable instructions, including SF -100. Yes • No ® None Required ❑ 4. If answer to item 3 is " No," plcose explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. Michael G. Ward President NAME AND TITLE OF SIGNER IPLEASC TYPE) 020-JiZ kfaiL - SIGNA T LIRE /2 /S OA T EXHIBIT C • CERTIFICATION OF NONSEGREGATED FACILITIES • The vendor certifies that he does not maintain or provide for his employees or customers any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The vendor certifies further that he will not maintain or provide for his employees or customers any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The vendor agrees that a breach of this certification is a violation of the equal opportunity clause in this bid and any contract. As used in this certifica- tion, the term "segregated facilities" means any waiting rooms,•work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The vendor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Certification - The information above is true and complete to the hest of my knowledge and belief. Michael G. Wasd President me and Title of Signer (Please Type) G4 Signature Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EXHIBIT D • •