Loading...
HomeMy WebLinkAbout2012-105A ob 0 096 la 11111111111111164 iiiiii�ililill 1111p111111111 . a _ A . io X20 i o 5A JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY 6 AND THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 5th day of June , 2012 (the " Effective Date ") by and between Indian River County , a political subdivision of the State of Florida, by and through its Board of Commissioners , hereinafter referred to as COUNTY , and a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY . BACKGROUND RECITALS : WHEREAS , it is the policy of COUNTY to stimulate economic growth in Indian River County by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County ; and WHEREAS , the creation of new employment opportunities for residents of Indian River County and the increased tax revenues resulting from such business expansions or relocations within Indian River County is beneficial to the local economy ; and WHEREAS , COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents of Indian River County ; and WHEREAS , Indian River County , through its Board of County Commissioners, has created a local Jobs Grant Program ; and WHEREAS , COMPANY , in accordance with the county ' s Jobs Grant Program criteria, will expand its existing business in Indian River County to create new employment opportunities that pay at least 75 % of Indian River County ' s average annual wage level ; and WHEREAS , COMPANY has been determined to be eligible to receive a Jobs Grant ; and WHEREAS , COMPANY acknowledges that this Agreement shall be based upon compliance with County jobs grant program requirements ; and, WHEREAS , COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. NOW , THEREFORE , in consideration of the premises and mutual covenants hereinafter contained , the parties do agree as follows : 1 . Definitions . As used in this Agreement, the following terms shall mean : - 1 - a. " Adjacent County" means Brevard, Osceola, St . Lucie , Okeechobee , and Martin Counties . b . ` `Annual Wage" owincludes salary , bonuses , and commissions . C . " Default " - failure to comply with the terms of this Agreement. d . " Effective Date" MMshall have the meaning set forth in Paragraph 2 herein . e . " Full -time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week . f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in Indian River County as determined by Florida Agency for Workforce Innovation , Labor Market Statistics Center, Quarterly Census of Employment and Wages Program , in cooperation with the U . S . Department of Labor, Bureau of Labor Statistics . Currently , the County ' s average annual wage is $ 33 , 947 (effective January 1 " 2012 for the state QTI Tax Refund Program) . This dollar value shall be used for the duration of this agreement for determining local jobs grant incentives . g . "New Business " — shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full -time employees in the County within the term of the Grant , (as such term is hereinafter defined) provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business . h . " Quarterly Unemployment Compensation Report (UCT- 6 form)" — Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis . Information collected on the form includes the names of employees , their social security numbers, and the gross wages paid to each employee on a quarterly basis . The information is used for unemployment compensation should employees cease to be employed . For purposes of this jobs grant agreement, this definition shall also include other similar county approved certified forms from COMPANY or COMPANY ' s professional employer organization . i . " Relocation of a business" — a business relocating to Indian River County and employ 5 or more full -time employees in the County . 2 . Terme, Termination . This Agreement shall be effective as of date of this agreement stated on page 1 and shall automatically terminate after COUNTY has made the last payment to COMPANY unless terminated earlier by COUNTY because of a default by COMPANY . - 2 - 3 . Grant Eligibility ; Payment Schedule . a . COMPANY will be eligible for total Jobs Grant Funding (hereinafter a " Grant" ) in an amount of up to $ 294 ,800 if COMPANY relocates within Indian River County/Vero Beach Enterprise Zone . If the Company locates within Indian River County but outside of the Enterprise Zone the maximum grant amount will be up to $ 268 , 000 . Said Grant shall be payable in 3 one year periods by Phase as more specifically set forth herein . COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re- imbursement basis . There are a total of 3 separate Phases . The number of jobs estimated to be provided by phase is listed below . (i ) For Phase 1, 10 new qualifying jobs meeting the wage level commitment in Section 6 of this Agreement will be provided by 12/31 / 12 . For each of the three successive annual periods that those jobs are maintained at the required wage level , COMPANY shall receive 1 /3 of the Grant amount for those 10 jobs . ( ii) For Phase II , 15 new qualifying jobs meeting the wage level commitment in Section 6 of this agreement will be provided by 12/31 / 13 . For each of the three successive annual periods that those jobs are maintained at the required wage level , COMPANY shall receive 1 /3 of the Grant amount for those 15 jobs . (iii) For Phase III , 27 new qualifying jobs meeting the wage level commitment in Section 6 of this agreement will be provided by 12/31 / 14 . For each of the three successive annual periods that those jobs are maintained at the required wage level , COMPANY shall receive 1 /3 of the Grant amount for those 27 jobs . (iv) It is understood that the quantity and types of jobs proposed by phase , their annual wages , and dates of hire are estimates . Because of this , the quantity and types of jobs provided in each phase may shift between phases , and phase commencement dates may be extended . Proposed jobs will remain eligible for local jobs grant incentives provided : a . The minimum number of qualifying jobs that must be provided in Phase I is 5 . b . The maximum number of jobs eligible for local jobs grant funds between Phases 1, II, and III is 52 . c . The maximum extension for a phase commencement date shall be one year . Such commencement date may be approved - 3 - administratively by County staff. If any of the total 52 eligible jobs proposed for Phases 1 , and II, and III are created after the Phase III commencement date or, if applicable, after an administratively approved extension to the Phase III commencement date , those jobs shall not be eligible for local jobs grant funds unless an amendment is made to this agreement to allow for that . d . In no case shall the total local jobs grant award exceed $ 294 ,800 . (v) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY , as set forth herein . If by the end of any of the annual periods , COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required , but the annual wage for any of those jobs is less than required for that year, COUNTY will lower the jobs grant award for the respective year by the amount allocated in such year for each job for which the requirements of this agreement are not met . Thus by the end of this Agreement, the total jobs grant award could be less than $ 294 ,800 . b . Performance Evaluation for Payment . COMPANY ' s performance evaluation will be conducted on an annual basis by the information provided on the State ' s Quarterly Unemployment Compensation Report (UCT- 6 form) . COMPANY shall supply additional documentation to COUNTY , in a form acceptable to COUNTY , showing that positions for which jobs grant funds will be awarded are filled by people who live in the general area/region and listing the type of position filled by each employee . The Grant eligibility determinations will cover one year periods for each of the Phases , with each yearly period beginning and ending as follows : Phase Grant Eli ibili Determinations 1st 2°a 3 " final Begin End Be in End Begin End 1 12/31 /20122 12/31 /2013 1 / 1 /2014 12/31 /2014 1 / 1 /2015 12/31 /2015 11 12/31 /2013 12/31 /2014 1 / 1 /2015 12/31 /2015 1 / 1 /2016 1 /31 /2016 I11 12 //31 /2014 12/30/2015 l / 1 /2016 12/31 /2016 1 / 1 /2017 12/31 /2017 (i ) Each job must meet the minimum wage requirements specified in this Agreement . Payment of Grant funds shall be made within forty - five (45 ) days after the date COMPANY submits the latest State Quarterly Unemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 7 ) , and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing , should the date for filing the last quarterly unemployment compensation report, as -4 - described above , not coincide with the date that an eligibility determination is made , COMPANY shall have the right to file a report, in a form substantially similar to a quarterly unemployment compensation report , and such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45 ) - day period within which payment shall be made . If COMPANY ' s Qualified Target Industry (QTI) Tax Refund from the State of Florida is approved, County will reduce the local jobs grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COLTNTY ' s QTI Tax Refund 20% contribution obligation to the state for COMPANY ' s QTI Tax Refund agreement . COUNTY will submit the 20% payment obligation to the state for placement in the Florida Economic Development Trust Fund . 4 . Relocation Commitment . As a condition precedent to and as consideration for obtaining Jobs Grant Funds from COUNTY , COMPANY agrees to relocate its business operations to Indian River County as described on Exhibit "A" , which is attached hereto and made a part thereof. 5 . Job Creation Commitment . COMPANY estimates that it will provide 52 new jobs within the county as set forth in Exhibit "B " , which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries , however, may vary . Local jobs grant funds will be awarded up to a maximum of $ 294 ,000 if Company locates within Indian River County/Vero Beach Enterprise Zone , If Company locates within Indian River County but outside of the Enterprise Zone , the maximum grant award will be up to $ 268 , 000 . The jobs grant award will be based on the following : Amount Per Job Category 75 % to 99 . 99% of Indian River County $ 3 , 000 Average Annual Wage 100 % to 149 . 99% of Indian River County $ 5 , 000 Average Annual Wage 150 % of Indian River County Average $ 75000 Annual Wage (or greater) 6 . Wage Level Commitment . COMPANY estimates that it will pay 48 employees whose jobs are eligible for a Grant hereunder an annual wage of not less than $ 33 , 947 . 00 ; will pay 4 employees an annual wage of not less than $ 50 , 920 . 50 . The annual wage of the positions shall be determined without taking into account the value of any benefits . COMPANY shall , in accordance with the provisions of paragraph 7 herein below, provide written verification of such wages satisfactory to - 5 - COUNTY . COMPANY ' S failure to maintain its wage level commitment for any one year will result in the reduction of the Grant amount for that year(s) . 7 . Annual Job Status . COMPANY must provide COUNTY with State Quarterly Unemployment Compensation Reports (Form UCT- 6) of its business operations within Indian River County on State form UCT- 6 as amended , a sample of which is attached hereto and made a part hereof as Exhibit " C " . The cumulative Quarterly State Unemployment Compensation Reports required to be filed for the annual period correlated with each eligibility determination shall collectively comprise the Annual Job Status Report . Starting with calendar quarter 4 in 2012 quarterly reports must be submitted for grant eligibility determination requirement . These quarterly reports must be submitted until the termination of this agreement . 8 . Default ; Termination . In the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option , terminate this Agreement . 9 . Indemnification . COMPANY shall indemnify and save harmless and defend COUNTY , its agents, servants , and employees from and against any and all claims, liabilities , losses , and/or causes of action which may arise from any negligent act or omission of COMPANY , its agents , servants , or employees in the performance of services under this Agreement . 10 . Forum ; Venue . This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy , and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise . No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial . l 1 . Lobbyist Certification . COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person , company , corporation , individual , or firm , other than a bona fide employee working solely for COMPANY , any fee , commission , percentage , gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. - 6 - 12 . No Discrimination Certification . COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color , religion, disability, sex , age , national origin, ancestry , marital status , or sexual orientation . 13 . Attorneys Fees . If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute , breach , default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs . 149 Enforceability . If any term or provision of this Agreement, or the application thereof to any person or circumstances , shall to any extent be held invalid or unenforceable , the remainder of this Agreement, or the application of such terms or provision , to persons or circumstances other than those as to which it is held invalid or unenforceable , shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . The Company ' s failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the Company ' s receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment . 15 . Assi m�, ment . COMPANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer") , without the express prior written consent of COUNTY . COUNTY shall not unreasonably withhold its consent to any Transfer . Any such attempted Transfer without the express prior written COUNTY consent shall be null and void and may, at the option of COUNTY , be deemed an event of default under this Agreement . COMPANY acknowledges and agrees that COUNTY has the right , in granting or withholding consent to any Transfer, to consider, among other things , the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee") ; and any other items that the Indian River County Board of County Commissioners , in its sole discretion , deems appropriate . If COMPANY seeks COUNTY ' s consent for a Transfer, COMPANY shall submit to COUNTY a written request therefore , accompanied by the following documentation : (i) the name, address , and telephone number of the proposed Transferee ; ( ii ) a description of the business and jobs , including wages , to be created in Indian River County; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee . COMPANY acknowledges and agrees that : (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners , has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer ; and (b ) any such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners at a formal meeting thereof, and such Transfer shall become effective only when signed by the Transferee and approved by the Board , - 7 - which consent shall not be unreasonably withheld . The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY . The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business . COMPANY will be released from further liability under this Agreement in the event of an approved Transfer ; provided that the County ' s consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement . 16 . Conflict of Interest. COUNTY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112 . 311 . COMPANY further represents that no person having any interest shall be employed for said performance . 17 . Notices . All notices required in this Agreement shall be sent by certified mail , return receipt requested and if sent to COUNTY shall be mailed to : Indian River County Community Development Director 1801 27`" Street Vero Beach , Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address) : 18 . Entire Agreement . COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties , and that there are no promises or understandings other than those stated herein . None of the provisions, terms and conditions contained in this Agreement may be added to , modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . 19 . No Pledge of Credit. COMPANY shall not pledge COUNTY' s credit or make it a guarantor of payment or surety for any contract, debt, obligation , judgment , lien , or any form of indebtedness . 20 . Public Records . COMPANY shall comply with the provisions of Chapter 119 , Florida Statutes (Public Records Law) in connection with this Agreement . 21 . Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 22 . General . The Background Recitals are true and correct and form a material part of this Agreement. - 8 - IN WITNESS WHEREOF, the Board of County Commissioners oC Indian River County . Florida has made and executed this Agreement on behalfof the COUNTY and the COMPANY has hereunto set its hand the day and year above written . "\ \•\ ■ gxgq" BOARD OF COUNTY COMMISSIONERS �.�•���. . • s!0;y •., OF INDIAN RIVER COUNTY � J BY • Gary C . Wer, Chairman . a . ATTEST BY *• 4"•9FRCOUt1 ;F ° Je 1 rey I Barton , Clerk APPROVED : .1 ► seph Baird , County Administrator f APPROVE O FORM AND LEGAL SUFFICIENCY Ala Polack , County Attorney COMPANY . BY ; Title illiff. Typed Name IT;IESS : (.,� / Title : Signature - 9 - EXHIBIT " A " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & Company Identification and Information : Application received date : May 16 , 2012 . COMPANY description : Company is a manufacturing business with a pending patent JECompany is a manufacturing company which intends to relocate within Indian River County/Vero Beach Enterprise Zone . COMPANY ' S current local mailing address : -moor - 10 - EXHIBIT " B " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & COMPANY le Target Industry Categories eligible for application : COMPANY qualifies for the jobs rant rogram under the W cturin r/Warehouse/Distribution Category . IIe Employment Commitment : The COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County : 1 ) N/A # of new, full -time employees whose annual wage is between 75 % and 99 . 9% of Indian River County' s average annual wage . 2) 48 # of new, full-time employees whose annual wage is between 100% and 149 . 99 % of Indian River County ' s average annual wage 3 ) 4 # of new, full -time employees whose annual wage is 150% or greater of Indian River County ' s average annual wage III . Grant Amount .Yobs Grant Amount If Company Locates Within Indian River County Category ualified Jobs Base Grant Amount Per Job Total Grant 75 % to 99 . 9% of Indian River --- ---- ---- County Average Annual Wage 100% to 149 . 99 % of Indian River 48 $ 5 , 000 $240 , 000 County Average Annual Ware 150% or greater of Indian River 4 $ 7 , 000 $28 , 000 County Average Annual Wage Sub- Total 52 $268,000 10 % additional grant if located within Indian River County/Vero $261800 Beach Enterprise Zone $294 ,800 Total * The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs . In no case shall the total amount of the grant exceed $294 , 800 . F :AConuwmity DevelopmentAUsersU DplannrAIncentives & Funding\Jobs Grant Program\confidential company\CONFIDFNTIAI , Jobs Grant Abiecment - For Signature . doc - 11 - Exhibit " C " Florida Department of Revenue Employer's Quarterly Report 012345 £ 789 UCT- 6 R . 01 / 11 _- i Do not snake any c0anges It ym de not hire an aecmmi number, you to the pre-prinled are required to re0lsfer (sec rnetruc Nons; Inionnation on this form FF I NU'41KIP . IF changes are Wedded regu" I and complete an Ernpin ycr Account Change Form IUCS- 3i . FOROFFICIALDSEONLf pORI41d. VATE Reverse Side Mast be COHIPICted Name Nil a,Dnu ety st;� iea � Y ,TqtFI,FpIm IFFF III - Location Arica rcys la. ; -�e Gtlyr!';L'Zlla � . 1 7 SI=. IF IF r 3rT ?'c • .� telae an�unt tlur n Arnc�nt CndazM F . a. . U I .;�a ' P ri .-, AFtfjuIilr �. Fo > el'` It .n� r rna,. � if .,r„i. •?LJ• u, rh� sfoV 7 , .r. Lru . Ar ar, : . . ,<) , ) A. 1 ai?4t-}. - t „ ,;c; , I sihc; r '. T". r r rr• j � ..if:S : No . . . . . .,. J. rt i �r:re I PhoneF nx� r I Rmd .. IV N t111y ..._ . . . . .. . . . I ' J.( �t 1• DO NOT - DETACH Auk 60HH - 2.037 Employer's Quarterly Report Payment Coupon UCT-s Honda naministraGvu Cada R . 01 /11 Oji,?PLCTE i1idHIL I�h rot FEPr RT'eMrb1ENT. DOR USE ONLY F,41 VIFIFF ,. . � f e, CSFs tlh o%.r UT xi XON1 N (JIMAiLk nl ChRgts. I tllake OFPcft, rx% yable t0 flot{da U.C. FUnd t*OSTMIARK 0R HAt*'O OELtVERy 0ATE 11 UT ACCOUNT NO. - --- U.S. Doliars - Cents F. E . I . NUMBER GROSS WAGES AMOUNT ENCLOSED - - IFTzzwitrn[- 9n m :r,. f L � 5 IF PAYMENT FOR QUARTER LNDING A1tA4. YY M9ilinp Addra �s Check h „ re � f you al:�t tnlq tc Cheek Y; �re rt yc:,t tralrsanittO:J C dy7St: ZIP ' Pa _7lax dar<_. :n irsta '. Hants . funds ele�tranlc ailq 9100 0 99999999 0068054031 7 5009999999 0000 4 - 12 - Florida Department of Revenue Employer 's Quarterly Report111 UCT-6 - t rr .1d , � . r t, id,'et ,r a ^ , r r. Jr , e , : � , r a r h � r, _ � ri7YrJ � `.i © = Fi lit ft. , . YFz TA AP F %N ;F, PA[ n,c, ,,,, , t i FJ.✓r — 12b. " We, a ve led, —. fen. " . 12a 7 i, . : 12b. � . r 2b s' e ! t2a. , 12b. . . . . . . . . acid 1 prderdd ? ?n oriel Teal this parird only 0 . .. . q ^ c ledthis 2r d ledn UFs tro 1 ad2Iona pddlelaeF, m Line 2I'll on page t , I ib ?nidllx €s igf 1a .1J L is 1 t I rural t e ;Il s tltar d icv.tls hu adddi!onal vagiis ir4 o-1 {1ag? 1 . DO NOT DETACH Mail Reply To: Social security numbers (SSNs are used by 61he Florda DepartilTnt of Revenue as unique Ur3eniploynzEnt Tax identifiers for the administration of Florida`s taxes. SSNs obtained for tax adlnimstration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.471 , Florida Statutes, and not 10511 lV Tennessee St B'dg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399- 0190 and federal law. Visit our Internet site at www.lnyClorida.comldor and select " Pr,vacy Notice" for more information regarding the state and federal iar+r governing the collection, use . or release of SSNs, including authorized exceptions . Tired of paperwork ? We can help ! File and pay your Florida unen.nloyrnent tax online . It's fast , easy, acairate , and secure . ;tenet s . www. myflanda.com/dot - i3 -