Memorandum —_ Date: March 5, 2019 To: Honorable Chairwoman Audrey M. Edmonson | ®8*8d2 Ttem No. 8(4)(3) and Members, Board of Coy ommissioners From: Carlos A. Gimene: Mayor Subject: Lease and Concession Agreement ith JSF Aizport Concessions, LLC Recommendation It is recommended that the Board of County Commissioners (Board) waive competitive bid procedures pursuant to Miami-Dade County Code Section 2-8.1 and Section 5,03D of the Home Rule Charter and Resolution Nos. R-1587-72 and R-456-07 regarding the prohibition on use of trans fats in County facilities, and approve the award of a Lease and Concession Agreement to JSF Airport Concessions, LLC (JSF) for a 2,673-square-foot location in Miami Intemational Airport’s (MIA) Concourse E to operate three quick-serve concepts offering authentic Southern cuisine, Garcia’s Seafood, and Chick-fil-A. ope MIA is located primarily within District 6, which is represented by Commissioner Rebeca Sosa; however the impact of this item is countywide as MIA is a regional asset. Delegated Authority In accordance with Miami-Dade County Code Section 2-8.3 related to identifying delegation of Board authority contained within the subject agreement, the Miami-Dade Aviation Department (MDAD) Director or the Director's designee has the authority to exercise renewal options and terminate the Agreement attached hereto, with the exhibits on file with the Clerk of the Board. Fiscal Impact/Funding Source There is a positive fiscal impact to the County. JSF has committed to making a minimum investment of $250 per square foot for the initial build-out cost of the location, and will pay MDAD the greater of percent of gross revenues (see “Payments to the County,” page 2) or a Minimum Annual Guarantee (MAG) payment of $275,000, based on projected annual sales. The store will be developed, financed, managed and operated by JSF Airport Concessions, LLC. ‘Track Record/Monitor Jackson Soul Food, Ine., Shirlene Ingraham, President, is the Managing Member of JSF Airport Concessions, LLC and neither entity has a contractual history with Miami-Dade County. MDAD Chief, Airport Concession Business Development, Adrian Songer will monitor this Agreement, Background MDAD has been creating a sense of destination for its passengers by showcasing local businesses, Pursuant to Resolution No. R-137-16, MDAD completed the lease negotiations with JSF resulting in the attached lease agreement. The Agreement is subject to subsequent long-termHonorable Chairwoman Audrey M. Edmonson and Members, Board of County Commissioners Page 2 lease approval by the Federal Aviation Administration (FAA); in the event that the FAA determines that this lease is both a long-term exclusive lease and docs not approve it, the term will be reduced from 10 years to five years from the Lease Effet PROJECT LOCATION: COMPANY NAME: TERM OF AGREEMENT: OPTION TO RENEW: PAYMENTS TO THE COUNTY: COMPANY PRINCIPAL: OWNERSHIP BREAKDOWN: COMPANY LOCATION: PREVIOUS AGREEMENTS WITH THE COUNTY WITHIN THE PAST FIVE YEARS: CONTRACT MEASURES: LIVING WAGE: U 1G DEPART) Jack Ostetholt Deputy Mayor re Date. MIA Central Terminal, Concourse E, second floor ISF Airport Concessions LLC 10 years None, ‘The concessionaire shall pay the greater of: ‘A. MAG ~ Concessionaite shall pay a MAG of $275,000 annually divided into 12 equal monthly payments subject to re-calculation on the lease anniversary effective date using the prevailing Consumer Price Index, B, Percentage Fee(s) — Concessionaire shall pay the following percentage fees: Quick Serve: 15 percent Quick Serve Branded Concept: 10 percent Alcoholic Beverages: 18 percent Jackson Soul Food, Inc., Shirlene Ingraham, President is the Managing Member of the LLC Limited Liability Company 950 NW 3" Avenue, Miami, FL 33136 None ‘None Yes Miami-Dade Aviation DepartmentMEMORANDUM (Revised) TO: Honorable Chairwoman Audrey M. Edmonson DATE: March 5, 2019 Members, Board of County Commissioners Wath lou, SUBJECT: Agenda Item No. 8(A)(3) Please note any items checked. “3-Day Rule” for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to mun hearing pal officials required prior to public Decreases revenues or increases expenditures without balaneing budget Budget required Statement of fiseal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Ait Applicable legislation requires more than a majority vote (ie., 2/3’s_ 35's » unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (D(C) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(e) , or CDMP 9 vote requirement per 2-116.1(4)(e)(2)__) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 3