HomeMy WebLinkAbout2013-072 12 .x . 1 .
JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY l3 O7
AND
TRITON SUBMARINES, LLC
THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made
as of the 2nd day of April, 2013 (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 Triton Submarines, LLC , 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 currently has 14 full time employees employed within Indian
River County, and
WHEREAS, COMPANY, in accordance with the county' s Jobs Grant Program criteria, will
expand its business in Indian River County to create 24 additional full time jobs, which 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.
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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.
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 . "Expanding Business" — shall be defined as a business expanding its operation
over and above its base employment amount at the time of jobs grant approval by
5 or more new jobs to employ 5 or more new full-time employees in the, County
within the term of the Grant.
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
$ 34 , 119 (effective January 1St 2013 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.
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i . "Relocation of a business" — a business relocating to Indian River County and
employ 5 or more full-time employees in the County.
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
payment to COMPANY, unless terminated earlier by COUNTY because of a default
by COMPANY .
3 . Grant Eligibility; Payment Schedule .
a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a
" Grant") in an amount of up to $94,000. Said Grant shall be payable in the
following Phases 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. Jobs grant payments are dependent upon the number of
employees exceeding the company ' s employment level at the time that this
agreement is approved by the Indian River County Board of County
Commissioners .
(i) For Phase I, 10 new qualifying jobs meeting the wage level commitment
in Section 5 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 10
jobs .
(ii) For Phase 1I , 13 new qualifying jobs meeting the wage level commitment
in Section 5 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 13
jobs .
(iii) For Phase III, 1 new qualifying job meeting the wage level commitment
in Section 5 of this agreement will be provided by 12/31 / 15 . For each of the
three successive annual periods that that job is maintained at the required
wage level, COMPANY shall receive 1 /3 of the Grant amount for that 1 job .
(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 that, 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:
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a. The minimum number of qualifying j obs that must be provided in
Phase I is S .
b . The maximum number of jobs eligible for local jobs grant funds
for Phases I , II, and III is 24 .
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 24 eligible jobs
proposed for Phases I, 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 $94,000.
(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,
the total jobs grant award could be less than $94,000 by the end of this
Agreement.
b . Performance Evaluation for Payment. COMPANY shall provide to
COUNTY an employee census for the date that this jobs grant agreement is
approved . That employee census must list employee name, job title , city and
state in which the employee lives, annual salary, location where employee
works, and date of hire .
COMPANY ' s performance evaluation will be conducted on an annual basis
using the information provided on the State ' s Quarterly Unemployment
Compensation Report (LJCT-6 .form) and COMPANY ' s quarterly updates to
its employee census . Each updated employee census must include the
information referenced above plus the date of termination for each employee
(if the employee terminates employment with the company) . 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.
The Grant eligibility determinations will cover one year periods for each of
the Phases, with each yearly period beginning and ending as follows .
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5 . Wage Level Commitment. COMPANY estimates that it will pay 15 employees
whose jobs are eligible for a Grant hereunder an annual wage of not less than
$25 ,589 . 25 , will pay 7 employees an annual wage of not less than $34, 119 . 00 and
will pay 2 employees an annual wage of not less than $51 , 178 . 50 . The annual wage
of the positions will be determined without taking into account the value of any
benefits . COMPANY shall, in accordance with the provisions of paragraph 6 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) .
6 . 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" . COMPANY must also
provide COUNTY with quarterly updates to its employee census for employees
working at its Vero Beach location(s) (see section 3 .b . of this agreement) . The
cumulative Quarterly State Unemployment Compensation Reports required to be
filed for the annual period, correlated with each eligibility determination and the
corresponding quarterly employee census , shall collectively comprise the Annual Job
Status Report.
Starting with calendar quarter 4 in 2013 , quarterly reports must be submitted for
grant eligibility determination. Those quarterly reports must be submitted until the
termination of this agreement.
7 . 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.
8 . 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.
9 . 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 parry
of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof. Parties hereby waive their right for a jury trial
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10 . 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.
IL 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.
12 . 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 .
13 . 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.
14 . Assignment. 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 expressprior 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 .
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II _ -
1
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, 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.
15 . Conflict of Interest. COMPANY 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 .
16 . 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 .
Community Development Director
Indian River County
1801 27th Street
Vero Beach, Florida 32960
and if sent to COMPANY shall be mailed to (or current, official address).
Patrick Lahey
9015 17th Place
Vero Beach, FL 32966
17 . 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 .
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18 . 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 .
19 . Public Records . COMPANY shall comply with the provisions of Chapter 119,
Florida Statutes (Public Records Law) in connection with this Agreement.
20 . 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.
21 . 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 ,.••• % &, , . Proved * April 2 , 2013
OF INDIAN RIVER COUNTY `7 °
BY: 8J &W ���/// •
•
ph E . Flescher, Chairman e
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ATTEST BY: Jeffr R. Smit C of Courto
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APPROVED :
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- Alan Polackwich, County Attorney
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EXHIBIT " A" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY & TRITON SUBMARINES, LLC
Company Identification and Information :
Application received date: February 7 , 2013 .
COMPANY description :
Triton Submarines, LLC is a world leader in the design, engineering and manufacturing of
deep submarines . Founded in 2007, the company manufactures the Triton 1000 and Triton
3000 submarines at its Vero Beach facilities .
COMPANY' S current local mailing address :
9015 17'h Place
Vero Beach, FL 32966
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EXHIBIT " B " TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY & TRITON SUBMARINES, LLC
I. Target Industry Categories eligible for application :
COMPANY qualifies for the jobs grant program under the "other targeted clean light
industries category". Under North American Industrial Classification System (NAICS) ,
COMPANY ' s activities are classified in category as "Ship Building and Repairing", NAICS
Code #336611 and "Boat Building", NAICS 336612 .
II. 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 ) 15 # of new, full-time employees whose annual wages are between 75 % and
99 . 9% of Indian River County's average annual wage .
2) 7 # of new, full-time employees whose annual wages are between 100% and
149 .99 % of Indian River County ' s average annual wage
3 ) 2 # of new, full-time employees whose annual wages are 150% or greater of
Indian River County ' s average annual wage
III. Grant Amount
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75% of county average wage 15 $39000 $45,000
100% of county average wage 7 $55000 $35 ,000
150% of county average wage 2 $79000 $ 149000
Sub4otal Grant Amount $94,000
*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 $94,000.
FXommunity Development\Users\EDplannr\lncentives & FundingUobs Grant ProgramUriton SubmarineWobs Grant Agreement -For Signature.doc
42 -
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