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RESOLUTION NO. 2004 041
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA; SUPPORTING AERO SHADE
TECHNOLOGIES, INC. AS A QUALIFIED APPLICANT PURSUANT TO
s.288.106, FLORIDA STATUTES; AND PROVIDING AN
APPROPRIATION OF $12,100 AS PART OF LOCAL JOBS GRANT
PROGRAM FOR LOCAL PARTICIPATION IN THE QUALIFIED
TARGET INDUSTRY TAX REFUND PROGRAM, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the business under consideration, Aero Shade Technologies Inc., is a
manufacturing/repair facility and corporate headquarters for an aviation entity; and
WHEREAS, Aero Shade Technologies, Inc. is currently located in Broward County,
Florida; and
WHEREAS, Aero Shade Technologies, Inc. is an industry targeted by the State of
Florida and Indian River County for new high -wage job creation; and
WHEREAS, Aero Shade Technologies, Inc. is considering relocating its
manufacturing/repair facility and corporate headquarters to Indian River County to support its
existing and future client base while facilitating access to the Federal Aviation Administration
office in Orlando; and
WHEREAS, Aero Shade Technologies, Inc. is also considering alternative sites in the
states of Kentucky and Georgia, areas which are also offering relocation incentives; and
WHEREAS, Aero Shade Technologies, Inc. presently employs eight (8) employees
statewide; and
WHEREAS, Aero Shade Technologies, Inc. will create up to twelve (12) additional full-
time equivalent new jobs in Indian River County; and the average wage for the additional jobs
will total 115% of the area's average wage; and
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RESOLUTION NO. 2004-041
WHEREAS, Aero Shade Technologies Inc. has submitted an application for a grant
under the State of Florida's Qualified Target Industry (QTI) Tax Refund Program; and
WHEREAS, the State of Florida's QTI grant program requires a 20% local government
match to qualify Aero Shade Technologies Inc. for the state's QTI grant; and
WHEREAS, Aero Shade has submitted an application for a local jobs grant; and
WHEREAS, the Aero Shade local jobs grant application meets all applicable county
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board of County
Commissioners hereby recommends to Enterprise Florida that Aero Shade Technologies, Inc. be
approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes, and
BE IT FURTHER RESOLVED that the Board of County Commissioners hereby agrees
to make the necessary commitment of local financial support for Aero Shade's application for the
Qualified Target Industry Tax Refund Program in the amount of up to $12,100. Payment is
proposed to be made in the following increments: FY 2004-05 - $2,420, FY 2005-06 - $2,420,
FY 2006-07 - $2,400, FY 2007-08 - $2,420, FY 2008-09 - $2,420. Monies are to be paid to the
Florida Economic Development Trust Fund with the stipulation that these funds are intended to
represent the "local participation" required by s.288.106, Florida Statutes.
The foregoing Resolution was offered by Commissioner Macht , and
second by Commissioner Adams , and being put to vote, the vote was
as follows:
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d
RESOLUTION NO. 2004-041
Chairman Caroline D. Ginn —Aye
Vice -Chairman Arthur R. Neuberger Ayp
Commissioner Kenneth R. Macht —Aye
Commissioner Thomas S. Lowther Aye
Commissioner Fran B. Adams Aye
The chairman thereupon declared the resolution duly passed and adopted this 20th
day of per; l , 20.04.
Date: April 20, 2004
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Caroline`D .Ginn; *C ' .
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ATTEST
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
FACommunity Development\Users\EDplannr\Jobs Grant Program\Areo Shade\QTl RESOL- aeroshade 4.8.04.doc
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INDIAN RIVER COUNTY JOBS GRANT AGREEMENT
THIS AGREEMENT is made on the 20th day of April, 2004 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 the COUNTY, and Aero Shade Technologies, a corporation authorized to
do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. is
65-091675.
WITNESSETH:
WHEREAS, it is the policy of the 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 expansion or relocation within
Indian River County is beneficial to the local economy; and
WHEREAS, the COUNTY has determined that offering a Jobs Grant Program encourages
either 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 Fund; and
WHEREAS, the COMPANY will relocate to Indian River County and expand its existing
business in Indian River County to create certain new employment opportunities at a certain average
annual salary level in Indian River County in accordance with the county's Jobs Grant Program
criteria; and
WHEREAS, the COMPANY has been determined to be eligible to receive a Jobs Grant by
the COUNTY; and
WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon proven
performance of the requirements of these grant procedures; and,
WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Jobs
Grant to the 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:
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I . Definitions. As used in this Agreement, the following terms shall mean:
"Average Annual Wage" - includes salary, bonuses, and commissions. The
Top Executive salary shall not be included in the average wage calculations.
b. "Default" - failure to comply with the terms of the Agreement.
C. "Effective Date" - shall have the meaning set forth in Paragraph 3.A. herein.
4. "Expansion of an existing business" - A business establishing 10 or more jobs
to employ 10 or more full-time employees in the County.
5. "Full-time Equivalent Job" - shall be defined as those positions that are
scheduled for at least 35 hours per week.
f. "New Business" - a business establishing 10 or more jobs to employ 10 or
more full-time employees in the County within the term of the grant provided
that such business first begins operations on a site in the County clearly
separate from any other operation owned by the same business.
g. "Indian River County Average Annual Wage" - as determined by State of
Florida Department of Labor the average annual wage per job in Indian River
County.
2. Term; Termination. This Agreement shall be effective upon the date of execution of
this contract by both parties hereto, and shall automatically terminate five (5) years
after the Effective Date unless terminated earlier by the County because of a default
by the COMPANY.
3. Grant Eli ig bility; Payment Schedule.
a. The COMPANY will be eligible for a Jobs Grant (hereinafter a "Grant") of
an amount up to $12,100, which Grant shall be payable over a five (5) year
period as follows: Year 1 - 20%; Year 2 - 20%; Year 3 -20%; Year 4 - 20%;
Year 5 - 20%. The five (5) year period will begin with the building of the
first phase of facilities construction or the date the Company first hires
employees, whichever date first occurs (the "Effective Date"). The County
shall pay $1,000 per Full -Time Equivalent Job.
b. Performance Evaluation for Payment. The company's performance
evaluation will be determined on an annual .basis, by the information
provided on the state's unemployment compensation report (UCT-6 form) as
it relates to the number of new jobs created and maintained, the annual
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average wage, and the percentage of new employees that are current residents
of Indian River County, as stipulated in this contract. The initial payment of
the Jobs Grant Funds shall be made on the first anniversary of the Effective
Date of this agreement. Subsequent eligibility determinations shall be made
at each subsequent anniversary of the Effective Date. Payment of Jobs Grant
Funds shall be made within forty-five (45) days after the date the COMPANY
submits the last annual 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 annual unemployment
compensation report, as described above, not coincide with the date that an
eligibility determination is made, the COMPANY shall have the right to file a
report, in form substantially similar to an annual unemployment
compensation report, and in such event, 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.
4. Relocation Commitment. As a condition precedent to and as consideration for
obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to locate or
expand its business operations to Indian River County for a period of at least five (5)
years to a suitable site as described on Exhibit "A", which is attached hereto and
made a part hereof.
5. Job Creation Commitment. As a further condition precedent to and as consideration
for obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to create
a minimum of 12 Full -Time Equivalent Jobs (of which 11 jobs qualify for the
county's local job grant program) in Indian River County as more specifically set
forth in Exhibit "B", which is attached hereto and made a part hereof. The
Company's failure to maintain its job creation commitment for any one year will
result in the forfeiture of the Grant amount it was scheduled to receive for that year;
however, such forfeiture will not preclude the Company's receipt of scheduled Grant
amounts for subsequent years in which it is able to maintain its job creation
commitment.
6. Salary Level Commitment. As a further condition precedent to and as consideration
for obtaining jobs grant funds from the COUNTY, the COMPANY agrees to pay
each employee whose job is eligible for grants hereunder, an annual average salary of
not less than $26,937.00 ($12.95 per hour), without taking into account the value of
any benefits. The COMPANY shall provide written verification satisfactory to the
COUNTY to such average salaries in accordance with the provisions of paragraph 7
herein below. The COMPANY'S failure to maintain its salary level commitment for
any one year will result in the forfeiture of the Grant amount for those Full -Time
Equivalent Jobs where the salary commitment was not maintained which it was
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scheduled to receive for that year; however, such forfeiture will not preclude the
Company's receipt of scheduled Grant amounts for subsequent years in which it is
able to maintain its salary level commitment.
7. Annual Job Status. The COMPANY must provide the COUNTY with quarterly
unemployment compensation reports (Form UCT-6) of its business operations within
Indian River County on State form UCT-6 as amended which is attached hereto and
made a part hereof as Exhibit "C". The COMPANY shall provide the reports at the
same time it provides the State of Florida with the reports, but no less frequently than
semi-annually. The cumulative unemployment compensation reports required to be
filed for the annual period prior to each eligibility determination shall collectively
comprise the Annual Job Status Report.
8. Grant Restriction. The Jobs Grant Funds available under this Agreement will be
provided only for reimbursement of expenses associated with the physical move,
relocation and/or expansion of the COMPANY to Indian River County, including but
not limited to corporate or company relocation expenses, infrastructure costs,
leasehold improvements, company sponsored child day care facilities, rent for
company facilities, lease buyouts, training expenses and other expenses approved by
the COUNTY.
9. Default; Termination. In the event the COMPANY defaults in the performance of its
guarantees and commitments as provided for in this Agreement, the COUNTY may,
at its option, terminate this Agreement.
10. Indemnification. For ten and 0/100 ($10.00) dollars consideration, receipt of which
is hereby acknowledged, the COMPANY shall indemnify and save harmless and
defend the COUNTY, its agents, servants, and employees from and against any and
all claims, liabilities, losses, and/or cause of action which may arise from any
negligent act or omission of the COMPANY, its agents, servants, or employees in the
performance of services under this Agreement.
11. 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.
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12. Lobbyist Certification. The COMPANY warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
the 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 the COMPANY, any fee, commission, percentage, gift,
or any other consideration contingent upon or resulting from the award or making of
this Agreement.
13. No Discrimination Certification. The 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.
14. 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, the
successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as
court costs (including, without limitation, all such fees, costs and expenses incident
to appeals), incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled.
15. 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 salary level
commitment for any one year will result in the forfeiture of the Grant amount it was
scheduled to receive for that year; however, such forfeiture 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 salary level commitment.
16. Assignment. This Agreement may be assigned to any other persons or firm only
upon obtaining the County's written approval.
17. Conflict of Interest. The 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. The COMPANY further represents that no person having any
interest shall be employed for said performance.
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18. Notices. All notices required in this Agreement shall be sent by certified mail, return
receipt requested and if sent to the COUNTY shall be mailed to:
Indian River County Community Development Director
184025 1h Street
Vero Beach, Florida 32960
and if sent to the COMPANY shall be mailed to (current, official address):
Aero Shade Technologies
West IC -j5 1 12, l 2 t N W S S
4c'",
Hanger 4, Ft. Lauderdale, Florida 33309
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19. Entire Agreement. The COUNTY and the 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.
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.
BOARD OF COUNTY COMMISSIONERS ATTEST BY:
OF INDIAN RIVER COUNTY
BY:
Caroline D. Ginn, Chairman Jeffrey- K. $Ar -ton, Clerk
APPROVED AS TO FORM D 4EGAL SUFFICIENCY
William G. Collins II, Coun Attorney
I COMPANY
IBY:
Typed Name
Title:- / ilGd / D I n!
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WITN--F
Title:
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Sid e
(Corporate Seal)
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EXHIBIT "A" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECHNOLOGIES
Company Identification and Information:
Application date: January 20, 2004
Company description:
Aero Shade Technologies designs and manufactures aircraft parts for commercial
airliners, business jets, and general aviation airplanes. The company specializes in
rebuilding aircraft components.
Company's physical address in Indian River County:
Aero Shade will be relocating to a site at the Industrial Park on 102nd Terrace. The specific
address will be determined at a later date.
Company's mailing address (notify County of new address when known):
1 , Hanger 4@fP, Ft. Lauderdale, Florida 33309
2121 NW 6S CT , ►o
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EXHIBIT "B" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECNOLOGIES
I. Target Industry Category eligible for application:
Animal Aquaculture (SIC # 0273)
Food and Kindred Products (SIC # 20)
Printing and Publishing (SIC # 27)
_ Fabricated Metal Products (SIC # 34)
Industrial and Commercial Machinery and Computer Equipment (SIC # 35)
X_ Transportation Equipment (SIC # 37)
Transportation Services (SIC # 47)
_ Communications (SIC # 48)
Computer Programming, Data Processing, and other Computer Services (SIC # 737)
Health Services (SIC # 80)
_ Other clean light industries that have average annual wages which are above the
county -wide average annual wage
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) X New, full-time employees eligible for grant application
2) X New, full-time employees that are existing County residents
3) X Minimum average annual salary for new, full-time employees
4) X Average annual salary for Indian River County as determined by ES -202
Report
5) # of new, full-time employees whose average annual salary is 125% of Indian
River County's average annual salary
6) # of new, full-time employees whose average annual salary is 150% of Indian
River County's average annual salary
7) # of new, full-time employees whose average annual salary is 175% of Indian
River County's average annual salary
In
EXHIBIT "B" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECNOLOGIES
Grant Amount:
$11,000.00 Base Amount
# of Jobs Created
10 - 19
20-49
50-99
100-149
150 and over
$1,100.00
Total Bonuses
$ 50 or more jobs created in the county's targeted industries
(10% bonus)
75% or more of those hired are Indian River County residents
(10% bonus)
Salary for qualified jobs that will be 125% of Indian River County
average annual salary (10% bonus)
Salary for qualified jobs that will be 150% of Indian River County
average annual salary (20% bonus)
Salary for qualified jobs that will be 175% of Indian River County
average annual salary (25% bonus)
Attach a copy of UCT 6 Form
(11 jobs) X ($1,000 grant amount/job)
Grant Amount/Job
$1,000.00
$1,250.00
$1,500.00
$1,750.00
$2,000.00
$ X_
$12,100.00 Total Jobs Grant (base amount + total bonuses)
FACommunity Development\Users\EDplannr\Jobs Grant Program\Areo Shade\job grant agreement.doc
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