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Agenda 01/12/2021 Item #16C4 (License Agreement - Big Joe BBQ)01/12/2021 EXECUTIVE SUMMARY Recommendation to approve a Temporary Revocable License Agreement with Big Joe BBQ, LLC, to utilize the snack bar at the Main Government Center campus. OBJECTIVE: To approve a Temporary Revocable License Agreement with Big Joe BBQ, LLC, to utilize the snack bar at the Main Government campus for food and beverage sales. CONSIDERATIONS: The Main Government Center campus has not had a food vendor occupy the Snack Bar / Café for several months. Procurement advertised for a Request for Proposal (RFP) No. 20- 7782 for a food and beverage concession operator but did not have any responses even after the notice period was extended for an additional thirty days. With this, it was suggested that the Economic Development Office’s Accelerator Program participants should be considered to provide this temporary service. To provide food service on the Main Campus, and to provide participants of The Naples Program (Accelerator) exposure to the public, staff feels this would be a benefit to both parties. Staff is hoping to rotate the participants of the Accelerator to provide food service at this location. Staff has worked with Big Joe’s BBQ, LLC (Big Joe), one of the Accelerator participants, and it is willing and eager to provide food service. This arrangement with the Accelerator participants will be a temporary arrangement until businesses return to normal, at which time, the County will advertise for request for proposals (RFP) again for this service. A Temporary Revocable License Agreement (Agreement) has been prepared with an ongoing lease term that can be terminated at any time, by either party, by providing the other party with a minimum of thirty days prior written notice. There shall be nominal rent charged since the vendor will be providing a service to the County. The County will be responsible for the costs associated with the monthly utilities and maintenance of the building. The Agreement requires the vendor to open Monday through Friday between 7:30 a.m. to 5:00 p.m. The Licensee shall provide food and beverages at local competitive prices and no alcohol, alcohol-related, tobacco or tobacco-related products are permitted to be sold. The Licensee shall procure and provide the necessary licenses, permits and insurance policies contained in the Agreement. FISCAL IMPACT: Monthly utility costs, including water and electrical, estimated at Three Hundred Dollars per month, will be provided from the Facilities Management Division budget (001-122255). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATION: This item has been reviewed for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: That the Board approves the Temporary Revocable License Agreement with Big Joe BBQ, LLC, and authorizes the Chairman to execute the document. Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Department ATTACHMENT(S) 1. BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (PDF) 16.C.4 Packet Pg. 1403 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 14505 Item Summary: Recommendation to approve a Temporary Revocable License Agreement with Big Joe BBQ, LLC, to utilize the snack bar at the Main Government Center campus. Meeting Date: 01/12/2021 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 12/15/2020 12:35 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 12/15/2020 12:35 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/15/2020 1:25 PM Procurement Services Sandra Herrera Additional Reviewer Completed 12/15/2020 2:36 PM Facilities Management Toni Mott Additional Reviewer Completed 12/16/2020 4:32 PM Facilities Management Damon Grant Director - Facilities Completed 12/21/2020 10:37 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/21/2020 2:37 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 12/21/2020 5:02 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 12/21/2020 9:19 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/22/2020 1:59 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2020 2:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/22/2020 4:01 PM Budget and Management Office Ed Finn Additional Reviewer Completed 12/23/2020 5:00 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/28/2020 9:25 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.C.4 Packet Pg. 1404 TEMPORARY REVOCABLE LICENSE AGREEMENT THIS TEMPORARY REVOCABLE LICENSE AGREEMENT entercd into this day of 2021, between BIG JOE BBQ LLC, a Florida limited liability company, whose mailing address is 170 Airpark Boulevard #103, Immokalee, Florida 34142, hereinafter refered to as "Licensee," and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, whose mailing address is, in care of, Real Property Managemen! 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, hereinafter rcfelred to as "Licensor'." WITNESSETH In consideration of the mutual covenants contained herein, and other valueble consideration, the parties agree as follows; ARTICLE L Grant of Permission Licensor hereby offers to Licensee and Licensee hereby accepts from Licensor the temporary permission to use of3307 Tamiami Trail East, Naples, Florida 34112, as shown in Exhibit "A," which is attached hereto and made a part of this License, hereinafter called the "Premises," situated in the County of Collier and the State ofFlorida, for the sole purpose operating a food and beverage concession. This Temporary Revocable License Agreement may be amended fiom time-to-time, by the County Manager or his designee. This License is not a Lease and no part of the property, building or equipment thercin is being leased to the Licensee. The Licensee is not a tenant. Accordingly, Licensee agrees that it docs not and shall not claim at any time any interest or estate ofany kind or extent whatso€ver in the Premises. The Licensee's right to opemte at the Premises shall continue only as long as the Licensec's operation complies with the provisions of the terms aod provisions contained in this License. No0ring contained in this License shall create or be sonstrued as creating a partncrship between the Licensor and Licensee and Licenscc is not an agent ofthe Licensor. ARTICLE 2.Term ofTemoorarv Revocable License Licensee shall have and hold the Prcmises beginning on the date Lisensor executes this License unless otherwise terminated at an earlier date by either party as provided for within this License' ARTICLE3. Compcnsation Licensee shall pay a $ l0 non-refundable liccnse fee per year or for any part thereoffor use of the Premises. ARTICLE 4. Utilities Licensor shall provide watcr and electric servicc to the Premises. Licensee shall provide its own telephons, communications and computer systems' ARTICLE 5. Termioation Either Licensor or Licensec may terminate this License in iE entir€ty at 8ny time by providing the otrer party with thirty (30) days prior written notice to the address set forth in ARTICLE 20 of this License. t Oa\9 16.C.4.a Packet Pg. 1405 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center) Upon termination of this License, the Licensee shall peaceably and quietly quit and sunender to Licensor the Premises in good order and condition, subject to the other provisions of this License. ARTICLE 6. Carctakins Licensee shall be responsible to maintain the Premises and the immediate arca sunounding the exterior that may be used by the Licensee, in a neat, orderly and safe manner at all iimes. Licensor shall be reponsible to make rcpairs to the plumbing, elechical and air-conditioning systems and the interior and exterior structurE of the Premises. Licensor shall allow Licpnsee to use the walk-in refrigerator and stainless steel prcparation table contained within the Premises at the commencement of this License and Licensor shall be responsible for the maintenance and rcpair ofthat equipment. ARTICLET. Licensee'sRestrictions . Licensee shall obtain and pay for all necessary permits and licenses to conduct business at the Premises and comply with all laws goveming the responsibilty ofan cmployer with r€spect to persons employed by the Licensee, including but not Iimited to, Food Manager Certifrcation, State of Florida Departrnent of Business and Professional Regulation Food Service License, State of Florida Division of Corporations Registration, Resale Certification, and Safe Serve Certilicate (certifcation required for all employees).o Licensee shall be open and operational for business Monday through Friday during the hours of7:30 a.m. to 5:00 p.m.r Licensee shall prcvide food and beveragc service and related food items at local competitive prices.. Licensor shall provide all garbage and trash rcc€pticals within the confines of the Prcmises, including Licensee's acc€ss to a dumpster, The Licensec shall be responsible for the pick-up and rcrnoval ofall trash and garbsge &om the Premises and outside arca !o the dumpster.r The sale of glass containers is not permitted at the Prcmises or its surrounding area. The Licensor has a recycling program in place and the Licensee shall make every effon to comply with that program with the disposal ofcontainers and other recycled materials.. Licensee shall not conduct any sp€ical events at the Premiss without first obtaiing Licensor's written permission.o Licensee shall not park any vehicles ovemight at the Govemment Complex.. Licensee shall not store any products or equipment ovemight outside ofthe Premises.. No tobacco, tobacco-related, alcohol, or alcohol-related products or advertising shall be permitted. ARTICLE 8. Licensor's Access b Prernises Licensor, ia duly authorized agents, reprcsentatives and employees, shall have the right to enter into and upon the Premises, or any part thercof at any time, with reasonable notic€ to Licensee, for the purpose of inspecting the Prcmises to ensure that same is being maintained according to Licensor's standards and to ensure the initial intent and approved use of this License. ARTICLE 9. Utility Expenses Licensor shall be rcsponsible for the payment ofall charges related to the Licensee's operation 8t the Premises, which may include, pest control, landscaping, landscape maintenance, electricity, water, and any other utility services used in connection with the activities ofLicensee during the term ofthis License and any extensions thereto. Licensee will be responsible for oharges related to telephone and any communications systems at thc Premises. (4".\9 16.C.4.a Packet Pg. 1406 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center) Licensee shall not generate, spill or leak any petroleum product or any other hazardous material or substance under the Comprehensivc Environmental Response, Compensation and Liability Act of 1980, as amended or any similar federal, state or local laws, guidelines and regulations goveming hazardous materials and substances as same may be amended from time to time. Licensee shall be responsible for immediately and pmperly cleaning up and removing any hazardous materials not existing as ofthe day this License is signed by Licensor, at Licensee's sole cost and cxpense in compliance with applicable laws and then prevailing industry prsctices and standards. Licensee agrees to indemnifl, defsnd and hold Licensor halmless from and against any claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses (including but not limited to, attorney's fees and costs, consultants' fees, clean up, fines, removal and restomtion costs) arising from ol related to the presence, discharge ol spill of any petroleum products and hazardous substances during the term of this License by persons entering upon the Premises o$er than Licensor, Licensor's employees, contractors, agents, or invitees. Licensee shall not take any action which causes a lien to be placod on the Premis€s ol conduct any other activity on the Premises, and which Licensee shall indemnifu and hold Licensor harmless from and against any loss, cost, damage, or expenses Licensor incurs as a result ofany such lien ol asserted lien. This indemnity obligation shall survive the termination ofdris License. Fur6er, if Licensee fails to fulfill any obligation ofdris License and Licensor should fulfill that obligation, Liccnsee shall be obligated to pay Licensor the cost incurred by Licensor in fulfilling the obligation and this obligation shall likcwise survive termination of this Liccnse. ARTICLE I 1. Default lf Licensee abandons dre Premises or defaults in the performance of any material covenant or agr€oment herein containe4 and such default shall continue for five (5) business days after rcceipt by Licensee of written notice thercof given by Licensor, or the egent or attorney of Licensor, the Licensor, at the option of Licensor, may declare said term ended and may rcenter upon the Premises with due process of law, and remove all persons and Licensee's prope$y from the Prem ises ARTICLE 12. Assignment Licensee may not assign its rights under this License without the prior written consent ofthe Licensor. Licensor is not rrquired to consont to any assignment sought by Licensee. ARTICLE 13. Bindinc Effect on Successors and Assicns The provisions of this License shall apply to, bind, and inure to thc bcnefit of Licensor and Licensee and their respective heirs, successofs, legal repr€sentatives, and assigns. ARTICLE 14. Surrender of Premises Licensee shall r€move any property and improvements installed by Licensee prior to the expiration of this License and shall deliver up and surrender to Licensor possession of the Premises in as good condition and repair as the same shall be at the commencement of the term of this License or may have been put by Licensor or Licensee during the continuance thereof, ordinary wear and teal and damage by fire or the elements b€yond Licensee's control excepted. ARTICLE 15. lndemniw Licensee shall indemnifr and save harmless the Licensor fmm and against any and all claims, actions and suits, and from and against any and all losses, damageg costs, charges, reasonable attorneys' fees, payments, cxpcnses 3 (3t ARTICLE 10. General Care of the Premises: lndemnity 16.C.4.a Packet Pg. 1407 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center) and liabilities which Licensee may sustain or insur due to the sole negligent act or negligent omission ofLicensee ARTICLE 16. lnsurance a. Licpnsee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Licensor and the Collier County Risk Management Department, for not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the term of this License. If such amounts arg less than good insurance industry practicc would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days'advance notice to do so. b' In addition, Licensee shall provide and maintain Worker's Compensation Insurance covering all employees meetiflS the then existing Statutory Limits in compliance with the applicable state and federal laws. The covemge shall include Employer's Liability with a minimum limit of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per each accident, Ifsuqh amounts are less than good insurance indusiy practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days'advance notice to do so. c. Licensee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Premises and all of Licensee's property located on or in the Premises including, without limitation, furniture, e.quipment, fittings, installations, fixtures (including removable trade fixtur€s), pcrsonal property and supplies, in 8n amount not less than the then-existing full rrplacement value. d. Business Automobile Liability lnsurance, and Business Boat Liability Insurance are not applicable to this Liccnse. e. Pollution Liability Insurance may not applicablc to this License. f. Licensor shall be named as an additional insured on the Commercial General Liability insurance policy. Licensor shall also be added as an additional insured on the Propefty lnsurance policy as their interest may appear, The abovedescribed insuranse policies shall list and continuously maintain Licensor as an additional insurcd thereon. Evidence of such insurance shall be provided !o Real Property Management,3335 Tamiami Trail East, Suite l0l, Naples, Florida, 34112, for approval prior to the commencement of this Licensei and shall include a provision requiring not less thsn ten (10) days prior written notice to Licensor in the event of cancellation or changes in policy(ies) covelag€. Ifsuch amounts arc lcss than good insurance practice would require, Licensol reservss the right to reasonably amend their insurance rcquirements by issuance of notice in writing to Licensee, whercupon rcceipt of such notice Licensee shall have thi4y (30) days in which to obtain such additional insurance. The issuer ofany policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition ofBesfs Insurance Reports. Each insur€r must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to thc cffect that the issuer waives any claim or right of subrogation to r€cover against Licensor, its employees, rcpresentatives and agents. g. Failure to continuously abide with all ofthese insurance provisions shall be decmed to be a material breach ofthis License and Licensor shall have the remedies set forth in Article l1 above. h. Licensee shall ensure that all subcontractors comply with the same insurance requirements that Licensee is required to meet. The Licensee shall provide the Licensor with certificates of insurance meeting the required insurance provisions. ARTICLE 17. Force Maicure IfLicensee is unable to operate its business as permitted in this License due to unforeseeable causes beyond the 4 (9t \_v7 I 16.C.4.a Packet Pg. 1408 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center) control of the Licensee, and not due to the fault or negligence ofthe License or Licensor, such as, but not limited to, acts of nature such as firrcs, floods, hurricanes, or of public enemy, acts of government or public health such as epidemics, quarantine rcgulations, strikes, Iock-outs, etc., the Licensee shall advise Licensor at least forty-eight hours in advance of closure and provide an estimate date for reopening. Should the Premises be uninhabitable due to any of the above conditions, Licensee and Licensor shall amicably terminate this License with immediate notice. Licensee acknowledges and agrces that as ofthe date of this License that the COVID l9 pandemic has not impacted it in such a manner to invoke the exception of Force Majeure. ARTICLE 18. Aoplicable Law This License shall be governed by and interpreted in accordance with the laws ofthe State of Florida. ARTICLE 19. Sales Tax Licensee shall be responsible for all sales tax pertaining to Licensee's business operations at the Premises. ARTICLE 20. Notices Any notice provided for hercin shall be given by certified United States mail, postage prepaid, to the parties at the addresses set forth above, wi*r copies to the following; For Licensor: c/o Real Property Manag€ment 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 For Licensee: Big Joe BBQ LLC 170 Airpark Boulevard #103 Immokalee, Florida 34142 The persons and places to which notices are to be mailed may be changed from time to time by either party by written notice given to the other pafty. ARTICLE 2l . Notice of License Neither this License nor any notice thereof shall be recorded in any public rccords. ARTICLE22, Captions SIGNATURE PAGBTO FOLLOW 5 {8r lt;' The captions ofthis License are for conveniense and reference only and in no way define, describe, extend, or limit the scope, meaning, or intent ofthis License or the meaning or intent ofany provision of this License. 16.C.4.a Packet Pg. 1409 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center) IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO Licensee:Big Joe BBQ LLC, a Florida Limited Liability Company DATED: WITNESS (signature) (print name) WITNESS (signature) (print name) AS TO Licensor: DATED: ATTEST: Crystal K. Kinzel, Clerk By: , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney BY JOSE L. GARCIA, JR., Manager BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Chairman BY "t."" 6 G) 16.C.4.a Packet Pg. 1410 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center) Demised Premises 33 07 Tamiami Trail East Naptes, Florida 341 I 2 q ,I i- Ets I L.. tt \\,t r. (lr Er oltl o E!: t'r0 I E 3 tr ,\ I t f."li \ it $It rl 7, --r-/'2 Dernised Premises 16.C.4.a Packet Pg. 1411 Attachment: BIg Joe BBQ, LLC, Termporary Revocable License Agreement CAO (14505 : Big Joe BBQ Government Center)