HomeMy WebLinkAbout2012-101 rJ _ od ;
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JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND NYLACARB CORPORATION
THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ( `Agreement") is made
as of the 22nd day of May , 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 Nylacarb Corporation , a corporation 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 :
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a . "Adjacent County " means Brevard , Osceola, St . Lucie, Okeechobee, and Martin
Counties .
b . "Annual Wage" - includes salary, bonuses, and commissions .
C . " Default " - failure to comply with the terms of this Agreement .
d . " Effective Date" - shall have the meaning set forth in Paragraph 2 herein .
e . " Expansion of an existing business " - shall be defined as an existing business
adding 5 or more jobs to employ 5 or more full -time employees in the County .
f ` ' Full -time Equivalent Job " - shall be defined as a position that is scheduled for at
least 35 hours per week.
g . " 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 l st 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 .
h . "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 .
i . " 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 .
2 . Term ; 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
paymentto COMPANY unless terminated earlier by COUNTY because of default
by COMPANY .
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3 . Grant Eligibility ; Payment Schedule .
a . COMPANY will be eligible for total Jobs Grant Funding (hereinafter a
" Grant ") in an amount of up to $38 ,000 if COMPANY expands within Indian
River County . 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 , 6 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 6
jobs .
( ii ) For Phase 11 , 3 new qualifying jobs meeting the wage level commitment
in Section 6 of this agreement will be provided by 3 /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 3
jobs .
( iii ) For Phase I11 , 3 new qualifying jobs meeting the wage level commitment
in Section 6 of this agreement will be provided by 6 /30/ 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 3
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 I , II , and III is 12 .
c . The maximum extension for a phase commencement date shall be
one year . Such commencement date may be approved
administratively by County staff. If any of the total 12 eligible
jobs proposed for Phases 1 , and 11 , and III are created after the
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Phase 111 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 $38 ,000 .
( 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
$38 ,000 .
b . Performance Evaluation for Pam . 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 Eligibility Determinations
15t 2nd 3rd final
Begin End Begin End Begin End
1 12/ 31 /2012 1213112013 1 / 1 /2014 12/31 /2015 1 / 1 /2015 12 /31 /20 16
II 3 /31 /2013 3 /31 /2014 4/ 1 /2014 4/30/2015 4/ 1 /2015 4/30/2016
III 6//30/2013 6/30/2014 7/ 1 /2014 6/30/2015 7/ 1 /2015 6/30/2016
( 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
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
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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 .
4 . Expansion Commitment. As a condition precedent to and as consideration for
obtaining Jobs Grant Funds from COUNTY , COMPANY agrees to expand its
business operations in 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 12 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 $38 ,000 . The
jobs grant award will be based on the following :
Category Amount Per Job
75 % to 99 . 99 % of Indian River County S .) 1000
Average Annual Wage
100 % to 149 . 99 % of Indian River County $ 5 , 000
Average Annual Wage
150 % of Indian River County Average $7 , 000
Annual Wage (or greater)
6 . Wage Level Commitment. COMPANY estimates that it will pay 11 employees
whose jobs are eligible for a Grant hereunder an annual wage of not less than
$ 25 , 460 .25 ; will pay 1 employee an annual wage of not less than $ 33 , 947 . 00 . 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
paragrapn 7 herein below, provide written verification of such wages satisfactory to
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.
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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 .
1 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 tide
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 .
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 .
14 . 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
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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 . Assignment . COMPANY shall not, directly or indirectly, assign ortransfer 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 ) afinancial 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 , 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
1 12 . 31 1 . 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 :
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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) :
Scott Cooley
Nylacarb Corporation
172 98 '" Avenue
Vero Beach , FL 32966
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.
IN WITNESS WHEREOF , the Board of County Commissioners of Indian River County ,
Florida has made and executed this Agreement on behalf of the COUNTY and the COMPANY has
hereunto set its hand the day and year above written .
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BOARD OF COUNTY COMMISSIONERS �_` • ' • ';
OF INDIAN RIVER COUNTY a�6 •'?
beefs
go
BY : rte ; WIY o
Gary C . eeler, Chairman
BCC ATroved : May 22 , 2012 t Y "
ATTEST BY * ''•..!tip�q �� t '
C .
Jeffrey K. Barton , Clerk
APPROVED :
c
J septi Baird , County Administrator
APPROVED AS TO D LEGAL SUFFICIENCY
3
Alan Polpi(okwich , County Attorney
COMPANY : Nylacaro Corporation
BY : � Title : President
dose
Scott Cooley
Typed Name
WITNESS .
Arnot t.: Q Title •
Signature
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EXHIBIT " A " TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY & NYLACARB CORPORATION
Company Identification and Information :
Application received date : May 10 , 2012 .
COMPANY description .
Company was founded in 1988 by Frank Cooley . It is a family business with two
generations and over 100 years of experience in the injection molding industry . Company
produces plastic injection molded products for a variety of industries and end markets .
Company brings in plastic resin in pellet form to convert to finished products .
COMPANY ' S current local mailing address :
1725 98 `x' Avenue
Vero Beach , FL 32966
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EXHIBIT " B " TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY & NYLACARB CORPORATION (COMPANY)
I . Target Industry Categories eligible for application :
COMPANY qualifies for the jobs grant program under the
Manufacturing/ Warehouse/Distribution Category . Under the 2007 North American
Industrial Classification System (NAICS) , COMPANY ' s activities are classified in
categories such as " Injection molding machinery for plastic manufacturing" (NAICS
#333220 ) .
IL 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 ) 1 1 # of new , full -time employees whose annual wage is between 75 % and
99 . 9% of Indian River County ' s average annual wage .
2 ) 1 # of new, full -time employees whose annual wage is between 100 % and
149 . 99 % of Indian River County ' s average annual wage
3 ) N /A # of new , full -time employees whose annual wage is 150% or greater of
Indian River County ' s average annual wage
III . Grant Amount
Jobs Grant Amount If Company Locates Within Indian River County
Category Qualified Jobs Base Grant Amount Per Job Total Grant
75 % to 99 . 9 % of Indian River 1 1 $ 3 000 $ 33 . 000
Count Average Annual Ware
100 % to 149 . 99% of Indian River 1 $ 500 $ 59000
County Average Annual Wage
150 % or greater of Indian River
--- - - --- - -- -----
County Average Annual Ware
Total 12 $38,000
* The actual amount of the grant will depend upon the actual number ofjobs provided and the salary paid for those jobs .
In no case shall the total amount of the grant exceed $ 38 .000 .
F \ConnnunI DevelopmentAUsers\MplannrAIncentives & FundingUobs Grant I'rograntANylacarbAJobs Grant Agreement. doc
- II -
Exhibit " C "
Florida Department of Revenue Employer's Quarterly Report
UCT- 6
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- 12 -
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