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WHEREAS, qualifying jobs already provided by company and subject to the original jobs <br /> grant Agreement will qualify for this amended Agreement; and <br /> WHEREAS, COMPANY acknowledges that this amended Agreement shall be based upon <br /> compliance with County ' s jobs grant program requirements ; and, <br /> WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs <br /> Grant to COMPANY pursuant to the terms- of this amended Agreement . <br /> NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter <br /> contained, the parties do agree as follows : <br /> 1 . Definitions . As used in this Agreement, the following terms shall mean : <br /> a. "Annual Wage" - includes salary, bonuses, and commissions . <br /> c . 'Default" - failure to comply with the terms of this Agreement. <br /> d . "Effective Date" one shall have the meaning set forth in Paragraph 2 herein . <br /> e . "Expansion of an \ existing business " - shall be defined as a business <br /> establishing 5 or more jobs to employ 5 or more full -time employees in the <br /> County . <br /> f. "Full-time Equivalent Job" - shall be defined as a position that is scheduled <br /> for at least 3 5 hours per week. <br /> g . "Indian River County Average Annual Wage" — shall be defined as the <br /> average annual wage per job in Indian River County as determined by <br /> Florida Agency for Workforce Innovation, Labor Market Statistics Center, <br /> Quarterly Census of Employment and Wages Program , in cooperation with <br /> the U. S . Department of Labor, Bureau of Labor Statistics . Currently, the <br /> County ' s average annual wage is $34 ,730 (2009 value, effective January 1 " <br /> 2011 for the state QTI Tax Refund Program) . This dollar value shall be used <br /> for the duration of this agreement for determining local jobs grant incentives . <br /> h . "New Business " — shall be defined as a business establishing 5 or more jobs <br /> to employ 5 or more full-time employees in the County within the term of the <br /> Grant (as such term is hereinafter defined), provided that such business first <br /> begins operations on a site in the County clearly separate from any other <br /> operation owned by the same business . <br /> i . "Quarterly Unemployment Compensation Report (UCT-6 form)" — Form <br /> from the Florida Department of Revenue that businesses in the state of <br /> -2 - <br />