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HomeMy WebLinkAbout03/30/2021�OR1� COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Vice Chairman, Peter D. O'Bryan, District 4 Commissioner Susan Adams, District 1 Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 30, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Special Call Meeting --This meeting can be attended virtually by accessing Zoom. Instructions can be found on the last page of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Dr. Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center 3. PLEDGE OF ALLEGIANCE Commissioner Joseph H. Earman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PUBLIC HEARING March 30, 2021 Pagel of 3 5.A. Consideration of Diamond Drinks of Florida, Inc's Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) [Legislative] Attachments: Staff Report Chapter 1100 Tax Abatement Ordinance Tax Abatement Application ED Element - Policy 2.5 Scoring Guidelines Scoring and Estimated Taxes Abated COC Economic Impact Report Property Appraisers Report Tax Exemption Ordinance Tax Exemption Agreement 6. DEPARTMENTAL MATTERS 6.A. Community Development 6.A.1. Consideration of Diamond Drinks of Florida, Inc's Request for a Local Jobs Grant Attachments: Staff Report Application Draft Jobs Grant Agreement 7. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og v.com The full agenda is also available.for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. March 30, 2021 Page 2 of 3 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5:00 p.m. March 30, 2021 Page 3 of 3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: March 17, 2021 RE: Consideration of Diamond Drinks of Florida, Inc's Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) [Legislative] It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its Special Call meeting of March 30, 2021. DESCRIPTION AND CONDITIONS On November 2, 2010, the voters of Indian River County approved a tax abatement referendum, and the tax abatement ordinance (Chapter 1100 of the Indian River County Code) then went into effect for a ten-year period. On November 3, 2020 the voters of Indian River County voted in favor of continuing such authority for another ten years. The ordinance, along with state statutes, establishes tax abatement requirements, sets tax abatement limitations, and governs the County's tax abatement process (see attachment #1). Recently, Diamond Drinks of Florida, Inc., applied for a County tax abatement to locate its operations within the County (see attachment #2). This request is being expedited for both Economic Development Council (EDC) and Board of County Commissioners (BCC) consideration so the Company can expeditiously secure the incentive to locate and begin operations in a previous fruit packing house and purchase new tangible personal property for its operation. Since the company will locate in an existing building and there are no planned expansions of the building, they are not eligible for abatement of taxes on real property. This is the reason section VI of the tax abatement has no real property improvements listed. The company is however, eligible for a tax abatement on new tangible personal property as listed in section V of the tax abatement application. As indicated in its tax abatement application, Diamond Drinks of Florida, Inc. proposes to locate at 7355 9th, Street SW, Vero Beach FL 32968 (a former citrus packing house). As of this time, Diamond Drinks of Florida, Inc. has purchased the property and is ramping up employment for operation of the facility. Since the Property Appraisers Office (PAO) assesses property on or around January 1 of every year, any approved tax abatements could start with calendar year 2022 (tax bill issue date: November 2022). 1 C:\Users\legistar\AppDataU,ocal\Temp\BCL Technologies\easyPDF 8\@BCL@880E2271\@BCL@880E2271.doc • Tax Abatement Application Review In accordance with the provisions of the tax abatement ordinance, planning staff coordinated with the County Attorney's Office, the Property Appraisers Office (PAO), and the Indian River County Chamber of Commerce to process/review the Diamond Drinks of Florida, Inc. tax abatement application. Specifically, the County Attorney's Office completed an expedited due diligence review of the company and in conjunction with planning staff prepared a proposed ordinance and tax abatement agreement; the Chamber of Commerce completed an Economic Impact Analysis report (see attachment 6); and the PAO prepared an estimate of revenue that would be lost to the County for the current fiscal year if the tax abatement were granted (see attachment 7). The County's Economic Development Council (EDC) reviewed the application at their March 16, 2021 regular meeting. Although a quorum was not present, the consensus of the EDC members present was to recommend that the Board of County Commissioners approve the requested tax abatement. The BCC is now to review and make a decision on the Diamond Drinks of Florida, Inc. tax abatement application and proposed ordinance and agreement; taking into consideration the Chamber of Commerce and PAO reports, the EDC recommendation, staff's analysis contained in this agenda item, and other factors the BCC may consider. ANALYSIS As structured, the County's tax abatement ordinance authorizes the BCC, at its sole discretion, to grant qualifying businesses an exemption from certain ad valorem taxes (property taxes) for a period of up to 10 years. Under the ordinance, the BCC may exempt (abate) up to 100% of the assessed value of new real property improvements and newly installed tangible personal property for purposes of assessing "County taxes". Consistent with the tax abatement ordinance, the "County taxes" that will be abated for the Diamond Drinks of Florida, Inc. project are those taxes associated with the General Fund, the Municipal Services Taxing Unit (MSTU), and the Emergency Services District Fund. No other taxes, such as School District taxes or taxes levied for the payment of bonds, are affected by tax abatement. For the 2020/2021 budget year, the combined amount of the 3 "County taxes" referenced above comprises approximately 47.8% of the property tax bill for the subject properties within unincorporated county. Qualifying for Tax Abatement Consistent with state statutes, the County's tax abatement program is an economic development incentive available for business expansion projects and new business projects that qualify under the terms of the tax abatement ordinance. In this case, the proposed Diamond Drinks of Florida, Inc. is a new manufacturer in the County that will manufacture plastic bottles and fruit flavored juices. The company will employ fifty (5 0) people. Per the tax abatement ordinance, a new manufacturing business that employees at least ten (10) or more new : full-time employees is eligible to apply to the program. Since Diamond Drinks of Florida, Inc. proposes to hire fifty (50) employees, its facility qualifies for tax abatement consideration under the terms of the tax abatement ordinance (see page 3 of attachment # 1). 2 C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@880E2271\@BCL@880E2271.doc Scoring the Diamond Drinks of Florida, Inc. Tax Abatement Application According to the tax abatement application submitted by Diamond Drinks of Florida, Inc., the proposed facility will: Generate 50 permanent, full-time jobs, to be hired gradually over a three year period ending in the middle of 2023 Estimated annual payroll of new full-time jobs: $1,712,000. — Estimated average annual wage of $34,240 (excluding benefits such as health insurance and 401k contributions). Include capital investment in the site consisting of an estimated $1,615,000* in tangible personal property (e.g. industrial equipment). — Estimated total capital investment: $1,615,000*. *Estimates provided by Diamond Drinks of Florida, Inc. Actual assessment values when completed may be more or less depending upon market conditions. Meet adopted economic development policy: Asa "Manufacturing" use, the facility qualifies as a Target Industry under Policy 2.5 (see attachment #3). The positive economic development impacts and benefits of the Diamond Drinks of Florida, Inc. facility are described in a report provided by the Chamber of Commerce (see attachment #5). Those characteristics provide the basis to evaluate and score the tax abatement application in accordance with the scoring: guidelines adopted by the BCC (see attachment #4). Under the scoring guidelines, a project scores more points for a higher number of jobs, higher average wages, higher local capital investment, and for having special economic development attributes. For projects that score higher point totals, the guidelines establish higher tax abatement levels and longer tax abatement timeframes (tax years). In this case, staff has scored the Diamond Drinks of Florida, Inc. application as follows: 1. Number of new full-time jobs created (50 manufacturing jobs) .............................30 points. 2. Level of average annual wages ($34,240/year or 74.9% of county average)...............10 points 3. Level of local capital investment ($1,615,000)................................................20 points 4. Special economic development attributes (meeting Policy 2.5) ...........................:20 points Total Application Score 80 points Based upon a total score of 80 points, the Diamond Drinks of Florida, Inc. application qualifies for the second tax abatement scoring category (out of 3 categories). The qualification points for that category are between 61 and 80 points. That category provides for a 8 year tax abatement with the following schedule: 3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@880E2271\@BCL@880E2271.doc 3 Year 1...........100% Tangible Personal Property Taxes Abated GF, MSTU, ES Dist. At 7.0512 Mills Year 2...........100% .............40% Year 3............90% .............20% Year 4............80% .............10% Year 5............60% Tangible Personal Property Taxes Abated GF, MSTU, ES Dist. At 7.0512 Mills Year 6 .............40% Year 7 .............20% Year 8 .............10% A Tangible Personal Property taxes abated scenario for the Diamond Drinks of Florida, Inc. facility, based on applicant's estimates and based on certain assumptions stated below, is as follows: Year Tangible Personal Property Taxes Abated GF, MSTU, ES Dist. At 7.0512 Mills Tangible Personal Property Taxes Paid GF, MSTU, ES Dist. At 7.0512 Mills Tangible Personal Property Taxes Paid Schools, Bonds, Other At 8.1642 Mills Year 1 $11,388 $0 $12,451 Year 2 $10,249 $0 $11,205 Year 3 $8,302 $922 $10,085 Year 4 $6,641 $1,660 $9,076 Year 5 $4,483 $2,989 $8,169 Year 6 $2,690 $4,035 $7,352 Year 7 $1,210 $4,842 $6,617 Year 8 $399 $3,587 $4,358 $45,3 1 abated $18,035 aid $69,312 aid Assumptions: (a) The tax abatement is for new tangible personal property. The business will occupy an existing building and there are no planned building expansions, therefore the tax abatement does not apply to real property. (b) No additional tangible personal property improvements are made during the abatement period. (c) The 202012021 millage rates for the General Fund (3.5475 mills), MSTU(1.1506 mills), and Emergency Services District (2.3531 mills) tax funds are applied each year during the tax abatement period for a total of 7.0512 mills and the ratefor other property taxes remains at 7.7093 mills (rate for 202012021) each year during the tax abatementperiod. (d) The initial assessed value of tangible personal property in Year I of the abatement period is $1,615, 000. (e) Depreciation of the initial assessed value of tangible personal property is applied at a rate of 10% of the previous year's assessed value, with a floor at 35% of initial assessed value for year 8, 9, and 10. n C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@880E2271 \@BCL@880E2271.doc 69 The 2" category of tax abatement award (out of 3 possible categories) is applied during the tax abatement period. Property taxes abated scenario expressed in current dollars: — Initial Assessed value (Year 1): $1, 615, 000 — Millage rate (3 affected tax funds) totals: 7.0512 mills — Depreciation applied to tangible personal property as described above — 2nd abatement award category (out of 3 categories) with an 8 -year schedule is applied This scenario provides a rough estimate of the maximum potential tax abatement amount. The actual assessed value for any given year during the abatement period will be determined by the PAO on or around January 1St of the given year. Timing According to the Diamond Drinks of Florida, Inc. tax abatement application and recent correspondence with company representatives, the property has been acquired and the first ten employees will be hired by the beginning of April. Based on the company's hiring and operations plans, the facility will first be assessed for tax purposes on or about January 1, 2022 for the 2022 tax year. Therefore, the application proposes that the tax abatement (Year 1) begin in 2022. Limitations & Safeguards As previously described in this report, the tax abatement ordinance limits the tax abatement to new tangible personal property associated with certain types of qualified businesses (real property improvements would also be included if a new building or new building expansion). Also, the tax abatement applies to a limited number of tax funds for a maximum of 10 years. In addition, the tax. abatement ordinance requires tax abatement grantees to enter into a tax exemption (abatement) agreement with the county, meet all exemption (abatement) requirements on a continuing basis, file an annual compliance report with the county, and immediately advise the county of any failure of the business to meet exemption (abatement) requirements. Under the tax abatement ordinance, the BCC is. authorized to revoke or revise the exemption if the BCC determines that the business no longer meets the exemption requirements or that the application or any annual report contains a materially false statement that would have affected granting or continuing the exemption (see page 6 of attachment #1). Those limitations and safeguards apply to the Diamond Drinks of Florida, Inc. application. Ordinance & Agreement In order to approve the subject tax abatement application, the County must adopt an ordinance specifically for the Diamond Drinks of Florida, Inc. abatement and approve an agreement with Diamond Drinks of Florida, Inc. The County Attorneys Office has prepared an ordinance and an agreement (see attachments 8 and 9). As proposed, the ordinance provides findings and establishes up to a 8 year abatement beginning in 2022. Consistent with the County's tax abatement ordinance, the proposed agreement requires Diamond Drinks of Florida, Inc. to provide an annual status report to confirm compliance with tax abatement requirements and commitments as referenced in the "Limitations & 5 C:\Users\legistar\AppData\Loca]\Temp\BCLTechnologies\easyPDF 8\@BCL@880E2271\@BCL@88OE2271.doc 5 Safeguards" section above. If Diamond Drinks of Florida, Inc.'s performance would cause it to fall out of the 2nd tier tax abatement scoring category, the agreement allows the company to request the BCC consider a tax abatement reduction through an ordinance amendment. CONCLUSION Based on the analysis conducted, staff and the EDC have determined that the proposed Diamond Drinks of Florida, Inc. facility qualifies for the County's tax abatement program. In addition, staff's analysis indicates that the Diamond Drinks of Florida, Inc. tax abatement application scores in the 2nd award category (out of 3 categories) under the county's tax abatement scoring guidelines. Based on those guidelines, the proposed Diamond Drinks of Florida, Inc. facility qualifies for a 8 year tax abatement beginning in 2022. If an 8 year property tax abatement is granted as recommended, the maximum potential total tangible personal property tax abatement over the 8 year period in current dollars is roughly estimated to be $45,361. For the same 8 -year period, the maximum potential total tangible personal property taxes paid in current dollars is roughly estimated to be $69,312 for schools, bonds, and other districts and $18,035 for the general fund, MSTU, and emergency services fund. RECOMMENDATION Staff and the Economic Development Council (by consensus) recommend that the Board of County Commissioners approve the tax abatement application and: Find that the Diamond Drinks of Florida, Inc. facility qualifies as a "New Business" under the tax abatement ordinance; and 2. Find that the application scores in the 2nd tax abatement award category (out of 3 categories) under the adopted scoring guidelines; and 3. Grant a tax abatement using the schedule for up to the 2nd highest award category, with up to the 8 year abatement period to begin in 2022 (a lower award category may be applied if company's performance results in it meeting lower average wage and/or lower # of provided jobs); and 4. Approve the attached ordinance granting an economic development ad valorem tax exemption to Diamond Drinks of Florida, Inc.; and 5. Authorize the chairman to execute the Economic Development Tax Exemption Agreement for Diamond Drinks of Florida, Inc. ATTACHMENTS 1. Indian River County Tax Abatement Ordinance 2. Diamond Drinks of Florida, Inc. Tax Abatement Application (Confidential Information Withheld) 3. Economic Development Policy 2.5 4. Tax Abatement Scoring Guidelines 6 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@880E2271\@BCL@880E2271.doc 6 5. Preliminary Tax Abatement Scoring and Estimated Tax Abatement Amounts 6. Chamber of Commerce Report 7. Property Appraisers Office Report 8. Ordinance for Diamond Drinks of Florida, Inc. Exemption (Abatement) 9. Agreement with Diamond Drinks of Florida, Inc. 7 C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@880E2271\@BCL@880E2271.doc Title XI. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Ch. Economic. Development Ad Valorem Tax Exemption, §§ 1100. 1100.01-1100.15 CHAPTER 1100. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONM Footnotes: --- (1) --- Editor's note— In order to preserve the style of this Code, and at the editor's discretion, ch. 1100 has been added. Section 1100.01. - Short title. Title XI shall be known as the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.02. - Enactment authority. Article VII, Section 3, of the Constitution of the State of Florida and F.S. § 196.1995, authorize the county to grant economic development ad valorem tax exemptions to new businesses and expansions of existing businesses after the electors of the county, voting on the question in a referendum, authorize such exemptions. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section, 1100.03. - Findings of fact. (a) An important function of local government is the promotion of a strong local economy by providing financial incentives that will encourage new businesses to locate and existing businesses to expand within. its jurisdiction, thereby creating new jobs, improvements to real property, and additions to tangible personal property. (b) The health, welfare and general well-being of the citizens of Indian River County will be enhanced by the location of new businesses and the expansion of existing businesses within Indian River County. (c) The board of county commissioners determines that the granting of economic development ad valorem tax exemptions to new businesses locating in Indian River County and to existing businesses expanding in Indian River County will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.04. - Definitions of terms. The following words, phrases, and terms shall have the meanings set forth below. To the extent that such meanings incorporate provisions of Florida Statutes, such meanings are intended to incorporate the provisions of Florida Statutes, as amended from time to time: (a) Applicant. Any person or entity who files an application requesting an economic development ad valorem tax exemption pursuant to this title. (b) Application. A written application on the form prescribed by the department, together with any supplemental form prescribed by the county and any additional information requested by the county. (c) Board. The Board of County Commissioners of Indian River County. (d) Brownfield area. An area designated as a brownfield area pursuant to F.S. § 376.80. (e) Business. Any activity engaged in by any person or entity, with the object of private or public gain, benefit or advantage, either direct or indirect. (f) County. Indian River County, Florida. (g) Department. The Florida Department of Revenue. (h) Director. The Indian River County Community Development Director, or his/her designee. (i) Reserved. (j) Exemption or economic development ad valorem tax exemption. An ad valorem tax exemption granted by the board in its discretion to a qualifying new business or expansion of an existing business pursuant to this ordinance, and as authorized by Article VII, Section 3 of the Constitution of the State of Florida and F.S. § 196.1995. (k) Expansion of an existing business. (1) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this county, the sales factor of which, as defined. in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same Business, resulting in a net increase in employment of not less than ten (10) percent or an increase in productive output of not less than ten (10) percent; or (3) Any business located in a brownfield area that increases operations on a site colocated with a commercial or industrial operation owned by the same business. (1) Exemption agreement. A written agreement entered into between the county and an applicant receiving an exemption pursuant to this title, as described more fully in Section 1100.09. below. (m) Exemption ordinance. An ordinance granting an exemption, as described more fully in Section 1100.08 below. (n) Exemption requirements. All requirements and conditions which must be satisfied for the granting and continuation of an exemption, including those set forth in general law, this title, the exemption ordinance and the exemption agreement. (o) Improvements. Physical changes made to real property consisting of structures or other improvements placed on or under the land surfaces. 9 ((p7) (New_business. ((1)) Wbusines; {in–this cour manu ac ut—ring pCarl, � F (2) A business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; or (3) An office space in this county owned and used by a corporation newly domiciled in this state; provided such office space houses fifty (50) or. more full-time employees of such corporation; provided that such Business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the. same business; or (4) Any business located in a brownfield area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (q) Real property shall have the meaning set forth in F.S. § 192.001(12). (r) Sales factor. The sales factor is a fraction the numerator of which is the total sales of the applicant in this state during the taxable year or period and the denominator of which is the total sales of the Applicant everywhere during the taxable year or period, as defined in F. S. § 220.15(5). (s) Tangible personal property shall have the meaning set forth in F. S. § 192.001(11)(d). (t) Violation of law. A violation of any federal, state or local law which, in the sole discretion of the board, is sufficiently serious that it would not be in the best interests of the citizens of the county that the violator be granted or continue to receive the benefits of an exemption. (Ord. No. 2010-014, §§ 1, 2, 6-22-10; Ord. No. 2016-002, § 3, 3-2-16) Section 1100.05. - Establishment of economic development ad valorem tax exemption. (a) Subject to the remaining provisions of this title, there is hereby established an economic development ad valorem tax exemption for certain ad valorem taxes levied by the county. The exemption is a local option tax incentive for a qualifying new business or expansion of an existing business which may be granted or refused at the sole discretion of the board. (b) At the sole discretion of the board, the exemption may be granted for (i) up to one hundred (100) percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, and (ii) up to one hundred (100) percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made; or the tangible personal property is added or increased, on or after the day the exemption ordinance is adopted. (c) The term of the exemption shall be up to ten (10) years, as set forth in the exemption ordinance; provided, however, that the continuation of the exemption from year to year shall be contingent upon the applicant's continued compliance with the exemption requirements. (d) The exemption shall not apply to improvements to real property or to tangible personal property which were included on the tax rolls prior to the effective date of the exemption ordinance. (e) Property acquired to replace existing property shall not be considered to facilitate an expansion of an existing business. 10 (f) No exemption shall be granted for the land upon which a new business or expansion of an existing business is to be located. (g) Any exemption granted for a new business or expansion of an existing business is transferable between businesses, provided, the transferee business (i) continues to comply with all exemption requirements; and (ii) assumes in writing all of the obligations of the transferor business under the exemption agreement. (h) The exemption shall apply only to taxes levied by the county, except that the exemption shall not apply to taxes levied for the payment of bonds, or to taxes authorized by a vote of the electors pursuant to.Section 9(b) or Section 12 of Article VII of the Constitution of the State of Florida. (i) The exemption shall not be available to any business which, at any time within two (2) years prior to filing of the application, or at any time subsequent to filing of the application but prior to adoption of the exemption ordinance, was found guilty of a violation of law. Q) The decision of the board to grant or deny an exemption shall be a legislative decision. No precedent shall exist by reason of any decision to grant or deny an exemption. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.06. - Application for exemption. (a) Any business requesting an exemption shall file an application with the Indian River County Community Development Department. (b) The application must be filed no later than March 1 of the year in which the exemption is desired to take effect. (c) There shall be no fee for filing the application. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.07. - Consideration of application. (a) Within ten (10) days of receipt of a completed application, the director shall review the application and determine whether it facially meets all requirements to qualify for an exemption. If the director determines that the application facially does not meet all requirements to qualify for an exemption, the director shall so notify the applicant in writing and the applicant will have thirty (30) days from the date of such notice to appeal the director's determination directly to the board. (b) If the director determines that the application facially does meet all requirements to qualify for an exemption, the director shall promptly deliver a copy of the application to (1) the property appraiser who, within thirty (30) days of receipt, shall provide a report as set forth in subsection (c) below, (2) the(11ndian RiverCounty Economic Dey oe1 Council)which, within thirty (30) days of receipt, shall provide written comments, if any, (3) the Indian River County Chamber of Commerce which, within thirty (30) days of receipt, shall provide a report of the.positive economic impacts of the proposed new business or expansion of an existing business, and (4) if applicable, any incorporated municipality, Community Development Agency, Brownfield Area Advisory Committee, or other such agency or committee having jurisdiction with respect to the subject real property. Within thirty (30) days of receipt, such municipality, agency or committee shall provide written comments, if any. All written comments shall be provided to the director. Within sixty (60) days of receipt of the completed application, the director, consulting with other departments of the county as necessary, shall conduct an analysis of the application and prepare a written recommendation to the board. (c) The property appraiser's report shall include the following: 11 F (1) The total revenue available to the county for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (2) Any revenue lost to the county for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; ` (3) An estimate of the revenue which would be lost to the county during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (4) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in F.S. § 196.012(15) or (16) or into neither, which determination the property appraiser shall also affix to the face of the application. Upon the request of the property appraiser, the department shall provide to him/her such information as it may have available to assist in making such determination. (d) Within thirty (30) days of completion of the reports or comments set forth in subsections (b) and (c) above, the director shall present the application to the board together with the property appraiser's report, the director's analysis and recommendation, and any written comments received. Based upon the materials received, and applying the guidelines set forth in subsection (e) below, the board shall decide in its sole discretion either to proceed forward toward the adoption of an ordinance granting the exemption, or to deny the application. (e) Any recommendation of the director or decision of the board shall take into consideration the following factors: (1) The number of new jobs projected to be established in the county; (2) The average wage paid with respect to the new jobs; (3) The estimated amount of capital investment to be made by the business in the county; (4) The extent to which the business may qualify as: (i) An innovation business, as defined in F.S. § 288.1089(2)(j); (ii) A business in a targeted industry as identified from time to time by the board; or (iii) A business which may otherwise encourage. the location or expansion of other businesses in the county; (5) The extent to which the business is likely to procure materials or supplies from local businesses; (6) The net positive contribution to the local economy. . In addition to the above factors, the board may consider any other activity or factor that relates to economic development within the county. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.08. - Ordinance granting exemption. An exemption ordinance shall be adopted in the same manner as any other ordinance of the county, and shall include the following: (a) The name and address of the new business or expansion of an existing business to which the exemption is granted; (b) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county for the current fiscal year by virtue of 12 exemptions currently in effect, and the estimated revenue loss to the county for the current fiscal year attributable to the exemption of the business named in the ordinance; (c) The amount of the exemption, stated as a percentage of the assessed value of all improvements or tangible personal property subject to the exemption; (d) The period of time for which the exemption will remain in effect and the expiration date of the exemption; and (e) A finding that the business named in the exemption ordinance meets the requirements of F.S. § 196.012(15) or (16). (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.09. - Exemption agreement. No Exemption granted hereunder shall be effective until the business enters into an exemption agreement with the county. The exemption agreement shall contain: (1) A clear acknowledgment by the business that the exemption shall continue to exist only for so long as the business continues to meet all exemption requirements; and (2) Such other matters required by the county. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.10. - Continuing performance. (a) The business shall continue to meet all exemption requirements during the term of the exemption; (b) No later than March 1 of each year during the term of the exemption, the business shall provide an annual report to the director which shall certify and, if requested by the director, contain satisfactory proof, that the business continues to meet all exemption requirements; (c) The business shall timely comply with all requirements of F.S. § 196.011, during the term of the exemption; and (d) The business shall immediately advise the county of any failure by the business to meet all exemption requirements. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.11. - Revocation o exemption. fiq)) (The_board may=revorevoke or_revise he exemp ion atmime ifTe board_determines in its sole disuretion khat (1)�the business no longer meefs all of fhe exemption requirements;�(2)'the_ p ication or any annus re�_co ains_a materi-al"false_statement, such that -t e_exempt_ nlikely_wou_Ideo have_been gran_ e or coninued:if the_true facTs_had'been_ .known, or (3)-the15usiness_is_found.guilty=of_a viofia-tion of'law; an) ((b�) fLitas=d_ete�min�ice tha}Tthe besin_ess was not'in f entitled to_a_n exe ion_m_any year for whichTthe� (U -n— mption,_the_countyproperty appraiserortaz_collector sshall'be_entitled � recover_all taxes_no .paid as a result ofthe exemp ion,_plus in eres a1 -the maximum ra e allowed'b� aw, plus a I costs of collection, including, withoutlimita-lion,_reasonable=aftor en y s fees. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) 13 Section 1100.12. - Applicability. This title shall be applicable throughout the incorporated and unincorporated areas of Indian River County. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.13. - Sunset date. Pursuant to F.S. § 196.1995, this title shall expire on November 3, 2030, ten (10) years after the date such authority to grant exemptions was submitted to the electors of the county voting in a referendum. The expiration of the title shall not affect the continued existence of any exemption granted prior to November 3, 2030. (Ord. No. 2010-014, §§ 1, 2, 6-22-10; Ord. No. 2020-008, § 2, 7-14-20) Section 1100.14 - Economic development ad valorem tax exemption granted to Ineos New Planet Bioenergy; LLC ("business"). (1) An economic development ad valorem tax exemption is hereby granted to business whose address is 925 74 ch Avenue SW, Vero Beach, Florida. The exemption shall apply to its new improvements to real property and its new tangible personal property related to its new business located at 925 74 th Avenue SW, Vero Beach, Florida. This exemption shall apply only to the improvements to real property and the tangible personal property described in business' application for such exemption, on file in the county community development department. (2) The exemption shall be for a term of ten (10) years commencing in 2013, the first year the new improvements and new tangible personal property will be added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the general fund. Municipal services. taxing units, and emergency services district which would otherwise be due with respect to the new improvements and new tangible personal property in the absence of the exemption. The approved exemption percentages are, as follows: Year I (January 1, 2013 tax roll) .....100% Year 2 (January 1, 2014 tax roll) .....100% Year 3 (January 1, 2015 tax roll) .....100% Year 4 (January 1, 2016 tax.roll) .....90% Year 5 (January 1, 2017 tax roll) .....80% Year 6 (January 1, 2018 tax roll) ......70% Year 7 (January 1, 2019 tax roll) .....60% . Year 8 (January 1, 2020 tax roll) .....50% Year 9 (January 1, 2021 tax roll) .....40% Year 10 (January 1, 2020 tax roll) .....30% (3) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year is seventy-two million, eight hundred forty-five thousand, six hundred sixty dollars ($72;845,660.00); the total amount of revenue lost to the county for the current fiscal year by virtue of 14 economic development ad valorem tax exemptions currently in effect is $0.00; and the estimated revenue loss to the county for the current fiscal year if the exemption's first year had been in effect is one hundred ninety-three thousand, nine hundred fifty-one dollars ($193,951.00). (4) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon business' compliance with section 1100.10 relating to "continuing performance." (5) The board specifically finds that business meets the requirements of F.S. § 196.012(15). (Ord. No. 2011-011, § 3, 12-20-11) Section 1100.1S. - Economic development ad valorem tax exemption granted to PCP Tactical, LLC '("business"). (1) An economic development ad valorem tax exemption is hereby granted to business whose address is 3895 39th Square, Vero Beach, FL 32960. The exemption shall apply to its new improvements to real property and its new tangible personal property related to planned expansion of its existing business to be located at 4155 49th Avenue, Vero Beach, Florida, 32967, described as lots 2, 3, and 4, Indian River Industrial Center, according to the plat thereof recorded in Plat Book 23, Page 9, of the Public Records of Indian River County, Florida. This exemption shall apply only to the improvements to real property and the tangible personal property described in business' application for such exemption. (2) The exemption shall be for a term of ten (10) years commencing with the first year the new improvements or new tangible personal property are added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the general fund, municipal services taxing units, and emergency services district, which would otherwise be due with respect to the new improvements or new tangible personal property in the absence of the exemption. The approved exemption percentages are, as follows: Year 1 (January 1, 2023 tax roll) .....100% Year 2 (January 1, 2024 tax roll) .....100% Year 3 (January 1, 2025 tax roll) .....100% Year 4 (January 1, 2026 tax roll) .....90% Year 5 (January 1, 2027 tax roll) .....80% Year 6 (January 1, 2028 tax roll) .....70% Year 7 (January 1, 2029 tax roll) .....60% Year 8 (January 1, 2030 tax roll) .....50% Year 9 (January 1, 2031 tax roll) .....40% Year 10 (January 1, 2032 tax roll) .....30% (3) On or before January 15th of each year, beginning in 2023, PCP Tactical, LLC shall submit to the county community development department an annual report providing evidence of continued compliance with the definition of an expanding business and the Indian River County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above for each of the ten years during which PCP Tactical, LLC is eligible to receive ad valorem tax exemption. If the annual report is not received, or if the annual report indicates PCP Tactical, LLC no longer meets the criteria of F.S. § 196.012, or no longer meets the Indian River County Ad Valorem Tax Abatement 15 Application Scoring Guidelines used to set the exemption percentages set forth above, the county community development director shall make a report to the board of county commissioners for consideration of revocation or reduction of the tax exemption awarded under this section. (4) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year is one hundred nineteen million, seven hundred ninety-six thousand, three hundred fifty-two dollars ($119,796,352.00); the total amount of revenue lost to the county for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is zero dollars ($0.00); and the estimated revenue loss to the county for the current fiscal year attributable to the exemption granted in this section is zero dollars ($0.00). The estimated revenue loss to the county for fiscal year 2023 is twenty-six thousand, eight hundred sixty-five dollars and seven cents ($26,865.07). (5) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon business' compliance with section 1100.10 relating to "continuing performance." (6) The board specifically finds that business meets the requirements of F.S. § 196.012(15). (Ord. No. 2020-014, § 3, 10-28-20) F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Diamond Drinks\EDC Agenda Item\1 - County Tax Abatement Ordinance.docx 16 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX ABATEMENT APPLICATION To be filed in the Community Development Department no later than March I of the year the exemption is desired to take effect. I. APPLICANT INFORMATION: Business Name Business Owners Name Diamond Drinks of Florida Inc Anthony Cenimo Jr Address City State Zip Code 600 Railway Street Williamsport PA 17701 Phone Number Email Website 570-326-2003 acenimo@sus-dd.com susconplastics.com Contact Person Dave Dawes Title Controller • Letter of authorization from corporate officer if applicant is other than corporate officer (if applicable, attach to completed application) Business Unit's Federal Employer Identification Number: Business Unit's Unemployment Compensation Number: Which of the following best describes this business: ® New business to Indian River County ❑ Existing business in Indian River County creating new jobs If an expansion, how many jobs are currently in the business? U. PROJECT SITE LOCATION: 355 9t' St SW Vero Beach FL 32968 Address city State Zip Code. Property Parcel Number(s) 333930000010040000010 Address City State Zip Code Property Parcel Number(s) • Legal description and survey sketch of real property (attach to completed application) • Verified statement (separate letter) naming every individual or entity having legal or equitable ownership interest in the real. property (attach to completed application) 180127' Street, Vero Beach FL 32960 1 F:lCommunity DevelopmentlUserslEDplannrUncentives do FundiglTax AbatementQ010 Tax AbatementlApplicationlNew Application-201ATaz Abatement Application - Revised 2015.doc 17 III. BUSINESS DESCRIPTION: • Business category [check one] Manufacturing (minimum 10 new jobs) ❑ New corporate office (minimum 50 new jobs) ❑ Business with qualifying .sales factor (see Appendix F; minimum 25 new jobs) • Give a full description of the primary business activities/functions: This location will be the host to agricultural activities (lemon orchard), the manufacturing of plastic bottles, and mixing/filling of fruit flavored juices. • If qualifying as anew corporate office, provide date of incorporation in Florida: 11/30/20 • If qualifying as a sales factor business, provide sales factor data and calculation (attach to completed application) List the NAICS Code(s) for the business: Note: NAICS Codes for business types can be found at the following website: www.census.gov/epcd/naies/ 312160,312M Will the site be a dedicated headquarters office (regional, national, or international)? No Has the State of Florida ad valorem tax exemption form been filed? (see Appendix B) ElYes ❑No If yes, please attach completed state form. If no, please attach DRAFT of completed state form. IV. JOB CREATION INFORMATION: Anticipated number of new full-time jobs that will be created by the business in Indian River County — 50 Salary range of new full-time jobs identified in the previous question:, $33,000-$65,000 _ (PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICA 180127 1h Street, Vero Beach FL 32960 F:\Community Development\Users\EDplannr\lncentives & Funding\Tax Abatements\2010'ru Abatement\Application\New Application - 2016\Tax Abatement Application - Revised 2015.doc 7121-a Phase Number of net new full-time equivalent 'obs created in the business Date by which jobs will be created Average Annual Wages I 10 March 31 2021 $39,200 II 15 January 1 2022 $33,000 III 125 Hanuary 1 2023 1 $33,000 Total 150 V. TANGIBLE PERSONAL PROPERTY to be acquired after tax abatement is granted): Itemization and description of tangible personal property (see Appendix D for definition) of the business for which abatement is sought, including estimated value and date of personal property acquisition: Q2 2021 - Batching Equipment/Other..............................$215,000 Q22021 -Tanks........................:................................$100,000 Q2 2021 - CIP System/Boiler/Pastuerizer........................$175,000 Q2 2021 Filler/Capper..........................................:......$75,000 Q2 2021 — Labeller...............................................:........$25,000 Q2 2021 -= Case Packer ...............................................$175,000 2 2021 — Palletizer...........I.........................................$100,000 Q2 2021 — PET Bottle Line............................................$750,000 ® Total value of tangible personal property investment: $ 1.615.000 VI. IMPROVEMENTS TO REAL PROPERTY (to be made after tax abatement is Granted): Itemization and description of improvements to real property (see Appendix E for definition) for which abatement is sought, including estimated value and date of completion of improvements: ® Total value of real property improvement investment: $ 180127 1h Street, Vero Beach FL 32960 3 r:\Community Development\Users\EDplannr\Incentives & Fundi .n, -\Tac Abatements12010 T&e AbatemenMpplication\New Application - 2016\Tac Abatement Application - Revised 201 i.doc 19 0 VII. CONFIDENTIALITY: Under Florida Statues 288.075 (see Appendix. C), is the applicant requesting that any information provided as part of this application be treated as confidential? 13 Yes IoNo if yes, indicate the specific information to be treated as confidential: VM.CRIMINAL/CIVIL FINES OR PENALTIES: List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its parent company:. PLEASE FIND ATTACHED THE APPLICATION SCORING GUIDELINES USED BY THE COUNTY To the be of r y know#dge, the information included in this application is accurate. Officer or Authorize�c Representative o Indian River County Contact for Assistance Bill Schutt, Senior Planner 772-226-1243 bschutt@ircgov.com Date 1801 27h Street, Vero Beach FL 32960 204 F:\Communiry Development\Users\EDplannr\lncentives & FundinglTax Abatements\2010 Tax Abatement\Application\New Application - 20l aTax Abatement Application - Revised 2015.doc TAX ABATEMENT APPLICATION CHECKLIST YES NO I. Brief narrative that describes nature of applicant's business ❑ II. Letter of Authorization from corporate officer if applicable ❑ III. Verified statement (separate .letter) naming every individual or entity ❑ having legal or equitable ownership interest in the real property IV. Legal description and sketch of project real property ❑ V. Appendix A (job and wage information) completed 12 ❑ VI. State application form (DR -418) ❑ ❑ (to be filed no later than March 1 of the year the exemption is desired to take effect) 1801 27tl'.Street, Vero.Beach FL 32960 5 F:NCommunity Development\Users\EDplannr\Incentiives & Funding\Tax Abatements\2010 Tax Abatemcnt\Application\New Application - 2016\Tax Abatement Application - Revised 2015.doc 21 Me a N WE v� 0 vi 0 O O ^O O U � U � Y Y Y Y Y r e- r T r r r It It It x � co : N M N c N Ccn c. c rn O to O to O N O to U) 2 (1) O s"y �2 U U x U U (6 5= (a N (a w. r +ca �.cc ar > _ v= 0_ �= L)im 0m coi as i,o r> C, o 0 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O V1 C 6s cd, Lci 69. 61-:� 6c� Qp h' O O O 0 0 O Cl O O O O ti O C C O O 0 O O O CC � O M 6s� (o Cep M 0 M M M �a Gq � � � � � � c Q O O _ T- CN N N N N N N N V O r V 00 N T M T (` T co T t= T O T O GSC .N� N co M M M T T Q A r.l CD LO N O a � 0 H � L O to t6 N ti nj c L C U O 0 N ^ t6 C N (0 i�1 it c LJ W .0! �f0( MJV Q a� W a W ?I cu U) N WE Comprehensive Plan Economic Development Element OBJECTIVE 2: Diversified Economic Growth Between 2010 and 2020, Indian River County will increase the number of jobs in the county's new high wage target industries by 1,000. Policy 2. 1: The County shall focus its industrial/business/technology/research expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries and those industries identified in County target industry studies, as applicable. Polio: The county shall encourage the expansion of existing industries and attraction of new industries that are within the target industries list (Policy 2.5) by offering the following county adopted economic development incentives and assistance: ➢ Local Jobs Grant Program; ➢ Traffic, Water, and Sewer Impact Fee Financing; ➢ Utility Deposit Waivers; ➢ Expedited permitting; ➢ Maintenance of sufficient infrastructure capacity (roads, water, sewer); ➢ Provision of Industrial Revenue Bonds; ➢ Provision of job training through Indian River State College; ➢ Provision of workforce training incentives from CareerSource Research Coast; ➢ Assistance with federal or state grant applications (such as Community Development Block Grants); ➢ State Qualified Target Industry Tax Refund Program; and Policy 2.3: The county planning division shall track the number of jobs in target industries annually and provide a report to the EDC. The report shall include, but not be limited to, the total number of jobs by NAICS target industry category, the average wage by each NAICS target industry category, the percent and numeric change from the prior year for both the total jobs and their average annual wages. Annual data shall be provided for multiple years. Policy 2.4: The Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall provide assistance, as needed, to companies during the relocation process and report any actions taken_ to the Economic Development Council at their regular meetings. ;Policy 2 55: The county, in coordination with the Indian River County Chamber of Commerce, shall;' }establish a list of target industries and evaluate this list periodically in order to reflect the current; economic needs of the county as well as the actual marketing results. Below, is the list of they county's target industry clusters. For marketing purposes, the County, Indian River County Chamber, of Commerce, and other economic development agencies representing the County may. use their' Community Development Department Indian River County 44 23 Comprehensive Plan Economic Development Element resources to market to a much smaller list based on the results of target industry studies, market research, and expert advice. Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care Information Technology industry including but not limited to: • IT Products/Services • Software Development • Modeling/Simulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications Aviation/Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools Financial / Professional Services including but not limited to: • Corporate/Regional Headquarters • Research and Development Manufacturing/, Warehouse/Distribution Emerging Technologies including but not limited to: • Materials Science • Nanotechnology • Marine Science Arts, Entertainment, Recreation including but not limited to: • Sports Facilities Community Development Department Indian River County 45 24 Comprehensive Plan Economic Development Element Film Locations Post Secondary Public and Private Educational Institutions Other clean light industries that have average annual wages that support an innovation economy. To be eligible for local economic incentives, an industry must meet the target industry criteria established by the state with a focus on those industries that export the majority of products and services outside of Indian River County (as opposed to strictly areas outside of Florida). Currently, the target industry criteria are listed in Section 288.106(1)(0), Florida Statutes. Polio: The County shall provide for the issuance of Industrial Development Bonds for new industries. Policy 2.7: The Economic Development Division of the Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall assist in providing entrepreneurial and management expertise and a well-trained, skilled, and educated workforce to industries that are within the target industries list (Policy 2.5). Policy 2.8: The County, in cooperation with the Vero Beach Regional Airport, the Sebastian Municipal Airport, the Indian River County Chamber of Commerce and its Economic Development Division, shall actively market airport industrial lots and space and coordinate its marketing plans with the airport's marketing plans. Policy 2.9: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall identify and. increase investments needed to enhance a competitive advantage. Polices The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall facilitate interactions between venture capitalists, lawyers, scientists, entrepreneurs, and financiers for new product development and new target industries within the county. Policy 2.11: The County shall request Federal and State agencies to expedite permit processing for target industries and to eliminate duplication and streamline permit processing. This shall include submission of letters and e-mails and phone calls to appropriate Federal and State agencies requesting expedited permitting and follow-up communications with these agencies. Policy 2.12: The County building division shall provide weekend inspection services at cost, based on employee availability and the commercial/industrial tenant's need. Polices: The County shall periodically re-evaluate its economic development incentives by Community Development Department Indian River County 46 Ki INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLICATION SCORING GUIDELINES Scoring Matrix NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30 POINTS 1. 10 — 19 jobs (manufacturing) or 10 25 — 49.jobs (sales factor) or 50 — 99 jobs (corporate office) or 2. 20 — 29 jobs (manufacturing) or 18 50 — 74 jobs (sales factor) 100 —149 jobs (corporate office) or 3. 30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 150 — 199 jobs (corporate office) or 4. 50 or more jobs (manufacturing) or 30 100 or more jobs (sales factor) 200 or more jobs (corporate office) or LEVEL OF AVERAGE WAGES Maximum Number of Points: 30 POINTS 1. More than 75% but less than 100% county average wage 10 2. 100% or more but less than 115% county average wage 18 3. 115% or more but less than 150% county average wage 25 4. 150% or more 30 LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 POINTS 1. More than $100,000 but less than $500,000 20 2. $500,000 or more but less than $1,000,000 20 3. $1,000,000 or more but less than $5,000,000 20 4. $5,000,000 or more 20 F:\C.ominunity.Developinent\Users\EDplannr\lnc6ntives & Funding\Tax Abatements\2010 Tax Abatement\Application\New Application - 26 1 2016\taxabatementappscoresheet - Revised 2015.doc PROJECT EXCELLENCE Maximum Number of Points: 20 POINTS. • Special project attributes that advance county economic development 0-20 goals, objectives, and policies Award Categories Abatement Percentage by Year Total Points Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10 i . 40-60 100% 100% 80% 60% 40% 20% 10% 0% 0% 0% 2. 61-80. 100% 100% 90% 80% 60% 40% 20% 10% 0% 0% 3. 81 or more 100% 100% 100% 90% 80% 70% 60% 50% 40% 1 30% F:\Cm omunity Development\Users\EDplannr\Incentives & Funding\Tax Abatements\2010 Tax Abatement\Application\New Application - 27 2 2016\taxabatementappscoresheet - Revised 2015.doc rn 00 N 4` L ee p N H O } O p 7 L V C r 2 •oog �p �, � �: L O 0 0 L M N •D o a 7 fA N � � V o M V O e e o p b p c tc tc W ani 7 a .. R c } 0 v a 0 �o 00 } p v NF/f L Z U Q A E ; a o tsv7 O 0 0 p O M 1� o } b oo � } O U aA � y bs r o s � o Qi � •c O V y p O C py n E C toY C M ee \ M ^ N y ^ 6A •3 } o DD 0 O\ L } 69 O p M a 69 O eC7 7 ^ M 0 0 d z� �z m7 we k H cq o � � V� � M •-- � � N N o0 } O O_ O_ �• � � 0 a Foo. E 0 0 0 0 C> 0 o w 0 „•, 0 Q o 0 o rn q o o • dd 69 � = H � V' � 69 69 fA V3 Q N L G T V V �r �+ o y v L/ u k e 0 o E E ° 7 V U C C tOJ .Cn r0 A v y L y Cu U K ya0.C� u C7 a U U C aEiw c Q o o> 1 ❑ v Y. obopo 0 a eaU u UGi O .� 9 7 rn 00 N INDIAN RIVER COUNTY CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT DIAMOND DRINKS OF FLORIDA, INC. Tax Exemption Application Economic Impact Analysis Prepared by Indian River County Chamber of Commerce Report to Indian River County Economic Development Council March 16, 2021 29 I Tax Exemption Application Economic Impact Analysis Prepared by Indian River County Chamber of Commerce Report to Indian River County Economic Development Council March 16, 2021 29 Diamond Drinks, Inc., is.a Pennsylvania -based manufacturing business expanding its operations to Indian River County. The company has registered with the FL Department of State SunBiz as Diamond Drinks of Florida, Inc. As a manufacturer, the company Drinks is eligible to apply for an Indian River County Ad Valorem Tax Exemption. Background Diamond Drinks is a contract beverage manufacturer located in Williamsport, PA. The company began operations in January 1992. They currently have 100 employees at their PA facility. In addition to beverage co -packing, the company provides containers and beverage transportation logistics from its sister company, Suscon. Products are sold under their customers' name brands. Business has doubled in recent years, which led the Company's President/CEO to search for a centralized location to better serve their customers in the Southeast U.S. market. The new facility in Indian River County will have similar functions as the original plant: fruit juice bottling and packaging, including package customization. Capital Investment Diamond Drinks purchased the former Indian River Exchange Packers building on the corner of Oslo Road and 74th Avenue. They anticipate $1.6 million in capital improvements, primarily in permanently placed new equipment and machinery. The property falls under Florida's Agricultural Exemption rules, meaning site and building plans do not need county approval. Employment Diamond Drinks anticipates hiring up to 50 new employees when fully operational in their new facility, with annual salaries ranging from $33,000 to $65,000. The majority of these positions will pay 75% of the county's average annual wage of $43,178, excluding benefits. The company's total employment calculates to over $1.7 million in new paychecks circulating in our local economy. They plan to begin operations in mid-May. Economic Impact Indian River County can expect to see positive spin-off from the new jobs created and capital investment made by the location of Diamond Drinks. Using the ESMI model, based on the information provided by the employer, the figures below. were calculated. 30 Overall Impact: ➢ $2,478,050 increase in annual earnings, based on a 1.45 multiplier for the manufacturing industry ➢ An increase of 84 Jobs, using an industrymultiplier of 1.68 Though the newly created jobs will result in only 34 additional direct, indirect and induced jobs, the Effect on Earnings from adding 50 jobs is much more significant: • An $1.7M initial impact (multiplier of 1.0) — estimated salaries multiplied by the number ,of anticipated new jobs • $256,350 direct impact on earnings (.15 multiplier) • $68,360 indirect impact (.04 multiplier) • $444,340 Induced (.26 multiplier) Local Services and Vendors For a new company coming in to the local marketplace such as this, payments and purchases applying to the basic operations of the business and property are added benefits to our local economy. Those local services can include areas such as: • Banks and Professional Services, i.e. CPAs, attorney firms • Basic facility upkeep and maintenance such as janitorial and grounds/lawn maintenance • Purchases of maintenance and office supplies • Continued education and training Conclusion Diamond Drinks of Florida's expansion into Indian River County brings both tangible and intangible positive economic attributes that advance our county's goals for economic diversification, job creation and positive economic impact. The tax exemption will not erode the current tax base. There are no homeowner subsidies and there is no reduction or elimination of current taxes on real property. There would be an immediate increase in tax revenues for schools and special taxing districts, and the full tax revenues would be received following the exemption period. 31 The Indian River County Chamber of Commerce supports the project and recommends that the EDC and County Commission consider all the positive contributions this project brings to Indian River County. Definitions Direct Impact - Direct effects from the initial spending, creating additional activity in the. local economy. Indirect Impact - The of business -to -business transactions indirectly caused by the direct effects. Businesses initially benefiting from the direct effects will subsequently increase spending at other local businesses. Induced Impact - Induced effects are the results of increased personal income caused by the direct and indirect effects. Businesses experiencing increased revenue from the direct and indirect effects will subsequently increase payroll expenditures (by hiring more employees, increasing payroll hours, raising salaries, etc.). Households will, in turn, increase spending at local businesses. 32 ECONOMIC DEVELOPMENT AD VALOREM PROPERTY TAX EXEMPTION DR -418 Chapter 196.1995, Florida Statutes R. 12/99 To be filed with the Board of County Commissioners, the governing boards of the municipality, or both, no later than March 1 of the year the exemption is desired to take effect. 1 Business name Diamond Drinks of Florida Inc. Mailing address 600 Railway Street Williamsport, PA 17701 2 Please give name and telephone number of owner or person in charge of this business. Name Anthony Cenimo Jr. Telephone number 570-326-2003 3 Exact Location (Legal Description and Street Address) of Property for which this return is filed 7355 9th St. SW, Vero Beach, FL 32968 4 Date you began, or will 3131121 lbegin, business at this facility 5 Description of the improvements to real property for which this exemption Is requested Date of commencement of construction of improvements 6 Description of the tangible personal property for which this exemption is requested and date when property was, or is to be purchased APPRAISER'S USE ONLY Date of Taxpayer's Estimate of Class or Item Age Purchase Original Cost Cond' Fair Market Rent Cond' Batching EquipmentlOther Q2 2021 215,000 good Tanks 022021 100,000 good tP System/Boiler/Pastuerizer 022021 $ 175,000 good Filler/Capper 022021 $ 75,000 good Labeller Q2 2021 25,000 good Case Packer Q2 2021 175,000 good $ Palletizer 022021 $ 100,000 good $ PET Bottle Line 022021 $ 750,000 good $ Average value of inventory on hand: "Condition: good, avg (average), or poor Any additional personal property not listed above for which an exemption is claimed must be returned on form DR -405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7 Do you desire exemption as a 0 new business or E] expansion of an existing busines 9 Trade levels (check as many as apply) 8 Describe type or nature of your business Retail [-]Wholesale QManufacturing OProfessional Agricultural activities (lemon orchard), mfr plastic bottles, mixing/filling fruit -flavored juices Service [_—]Office OOther. specify: 10 Number of full -Time employees to be employed in Florida If an expansion of an existing business: Net increase50 m employment 100 °!, Increase 1 resulting in productive output from this expansion ,!0 11 Sales factor for the facility requesting exemption: Total sales in Florida from this$0 facility -one (1) location only divided by Total sales everywhere from this $0 facility -one (1) location only = °!o 12 For office space owned and used by a corporation newly domiciled in Florida Date of incorporation 11/30/20 lin Florida Number of full-time 50 employees at this location I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes. I agree to furnish such other reasonable information as the Board of County Commissioners, the governing authority of the municipality, or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true. correct, and complete to the best of my knowledge and belief. (if prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) Date 2/!23/21 —� /t Signature, preparer Signature, taxpayer.,-� .� t � Preparer's address Tale 1_ L_< Preparer's telephone number Property Appraiser's Use Only I Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources Is q S 11 Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section is Ill Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied $ �q for were granted and the property for which the exemption is requested would otherwise have been subject to taxation 3 , IV Estimate of the taxable value lost to the county or unicipality if the exemption applied for was granted Improvements to real property $ Personal property $ CD l p{} V I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as a ®new business expansion of an existing business Onelther I(� LELast year for which exemption may be applied 4 2. Application to be filed not tater than March 1 ='l 9 2a�. Date Signature, Property Appraiser 33 Z OQ v J a a d z W a 0 W W v_ 0 Z O v W N ,-1 N N N t0 N C1 N O H N � till ao 00 00 M L41 Ln yl 3 O W M z Z W Z W. IN O O O to LI] to Jim -4 FW— U. U �d Y. W eti 2 0 d W eel ta ta to bo N C C C C W W I C 10 L I Q LL. LU C a C 0 a a M O O O O W 0+ w t J Q ti H H cr Q V Q a Q U Q !O v> 4A .n W LM � in } ci Ln in ei M O N O � N Ity x %0 co coN ;W 4 O M M Fa` C Ln ";t co d LM cl Im N 1 N J W ti en -0-i '145W 0 I0 el m 7W z Q to N N i/1 N N 0 0 uj LU N G W W L" ce N m ce F 0 O N N W V> N N C W W ! � Z � W a LU W Q Q N N= YLLJ LL J J Q a V> WED Q u l7 W W LU z Z W F. W 2 w o 0 0 0 34 ORDINANCE NO. 2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION 1100.16 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION GRANTED TO DIAMOND DRINKS OF FLORIDA, INC. ("BUSINESS")) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF TITLE XI (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO DIAMOND DRINKS OF FLORIDA, INC.; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption Ordinance," authorizes the Board of County Commissioners to grant economic development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses; and WHEREAS, Section 196.1995(l 1), Florida Statutes, requires that any action of the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to Diamond Drinks of Florida, Inc. have been met, and the granting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Section 3, Article VII of the Florida Constitution and Section 196.1995, Florida Statutes, authorize the Board of County Commissioners to grant economic development ad valorem tax exemptions to certain new and expanding businesses, upon majority vote in favor of such authority in a referendum called for such purpose. In a referendum held on November 2, 2010, a majority of voters in Indian River County voted in favor of such authority, and Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption" became effective; and on November 3, 2020, a majority of voters in Indian River County voted in favor of continuing such authority. Attachmentg ORDINANCE NO. 2021 - Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Additionally, the Board specifically finds that Diamond Drinks of Florida, Inc. meets the requirements of Section 196.012(15), Florida Statutes. Section 3. Creation of Section 1100.16 of Chapter 1100 (Economic Development Ad Valorem Tax Exemption). New language indicated by underline, and deleted language indicated by stFikethFOU914. Section 1100.16 of Chapter 1100 (Economic Development Ad Valorem Tax Exemption) of the Code of Indian River County, Florida, is hereby created to read as follows: CHAPTER 1100. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 1100.16 Economic Development Ad Valorem Tax Exemption Granted to Diamond Drinks of Florida, Inc. ("Business"). (1) An economic development ad valorem tax exemption is hereby granted to Business whose address is 7355 9th Street SW, Vero Beach, FL 32968. The exemption shall apply to its new tangible personal property related to its new business to be located at 7355 9th Street SW, Vero Beach, FL 32968, described as the west '/2 of Tract 4, Section 30, Township 33 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida . This exemption shall apply only to new tangible personal property described in Business' Application for such exemption. (2) The exemption shall be for a term of 8 years commencing with the first year the new improvements or new tangible personal property are added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the General Fund, Municipal Services Taxing Units, and Emergency Services District, which would otherwise be due with respect to the new improvements or new tangible personal property in the absence of the exemption. The approved exemption percentages are, as follows: Year 1 (January 1, 2022 tax roll) .......100% Year 2 (January 1, 2023 tax roll) .......100% Year 3 (January 1, 2024 tax roll) .......90% Attachment$ ORDINANCE NO. 2021 - Year 4 (January 1, 2025 tax roll) .......80% Year_5 (January 1, 2026 tax roll) .......60% Year 6 (January 1, 2027 tax roll) .......40% Year 7 (January 1, 2028 tax roll) .......20% Year 8 (January 1, 2029 tax roll) .......10% (3) On or before January 15th of each year, beginning in 2022, Diamond Drinks of Florida, Inc. shall submit to the County Community Development Department an annual report providing evidence of continued compliance with the definition of an expanding business and the Indian River County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above for each of the eight years during which Diamond Drinks of Florida, Inc. is eligible to receive ad valorem tax exemption. If the annual report is not received, or if the annual report indicates Diamond Drinks of Florida, Inc. no longer meets the criteria of F.S. � 196.012(15), or no longer meets the Indian River County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above, the County Community Development Director shall make a report to the Board of County Commissioners for consideration of revocation or reduction of the tax exemption awarded under this section. (4) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year is $119,796,352; the total amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is $0; and the estimated revenue loss to the County for the current fiscal year attributable to the exemption granted in this section is $0. The estimated revenue loss to the County for fiscal year 2022 is $11,387.69. (5) The exemption shall be subiect to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon Business' compliance with section 1100.10 relating to "Continuing Performance." (6) The Board specifically finds that Business meets the requirements of section 196.012(15), Florida Statutes. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Attachment$ ORDINANCE NO. 2021 - Section 6. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the _ day of , 2021, for a public hearing to be held on the 30th day of March, 2021, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this _ day of March, 2021. ATTEST: Jeffrey R. Smith, Clerk and Comptroller in Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2021. Approved as to form and legal sufficiency Dylan Reingold County Attorney FXommunity Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Diamond Drinks\BCC Agenda Item\8 - Tax Exemp Ordinance 2021 - Revised 3-10-21.docx Attachment$ ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into as of the . day of March, 2021, by and between Indian River County, a political subdivision of the State of Florida ("County") and Diamond Drinks of Florida, Inc., a Florida corporation ("Business"). WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance ("Ordinance"), set forth in Title XI of the Indian River County Code ("Code"); and WHEREAS, County has adopted Ordinance No. 2021- ("Exemption Ordinance") granting an economic development ad valorem tax exemption ("Exemption") to Business; and WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption shall not be effective until County and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement ("Agreement") NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Ordinance. 3. Business' Representations, Covenants and Warranties. At all times during the term of the Exemption, Business represents, covenants and warrants to County that: (a) all information submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, , at the time of submittal, true and correct, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such representation, true C:IU ,,U gi 1,4ppD—I...AT—p18CL TecEnologie learyPDF81@BCl�C40FF8E81 BCLQC40FF8F8.d.c Page 1 of 6 Attachment 9 39 and correct, (d) Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of this Agreement, (e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as an New Business ("Jobs"), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law (each of subparagraphs (a) through (f), "Commitment"). 4. Annual Status Reports. On or before January 15th of each year, beginning in 2022 and ending in 2029, the Business shall submit a status report to the County Community Development Department. At a minimum, the status report shall include the name, address, and contact information of the current owner and the current operator of the facility to be located at 7355 9h Street, SW, Vero Beach, FL 32968, described as the west 11/2 of Tract 4, Section 30, Township 33 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida, a description of current facility operations, the current total number of facility employees, the current total and average wages of employees, and a description of any improvements made to the facility during the previous year, and additional information that County may need to evaluate the Business's performance. The status report shall be signed by the facility owner (or authorized representative) and by the facility operator, and each signature must be notarized. 5. Violation by Business of Commitment. In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a) revoke the Exemption, effective immediately, (b) revoke the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recover all taxes not paid as a result of the Exemption (after the effective date of such revocation), plus interest, costs of collection and attorney's fees, as set forth in section 1100.11(b) of the Code, (c) reduce the Exemption, with respect to either the amount (percentage) or term of the Exemption, or (d) pursue any other remedy available in law or in equity. Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment. C:IU mlkgisrarUppD,mUowllTempOCLTech,ologies-wPDF81�CL@C40FF8E81@ CL@C40FF8E8.dacx Page 2 of 6 Attachment 9 40 6. No Limitation of County's Rights. Nothing in this Agreement shall be construed as a restriction or limitation of County's rights as set forth in general law or the Code, including the Ordinance and the Exemption Ordinance. 7. County's Right of Inspection. At any time during the term of the Exemption, County shall have the right to inspect any of Business' books and records to determine Business' compliance with all Exemption Requirements and all requirements of this Agreement; provided, however, that nothing in this paragraph shall be interpreted as relieving Business of its obligation to notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above. 8. Public Records. Business acknowledges that any records made or received by County in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes. 9. E -Verify System. Business is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this Agreement, as required by Section 448.095, F.S. Business is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 10. Termination in Regards to Section 287.135, Florida Statutes. Business certifies that it and those related entities of Business as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725 Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this Agreement is for goods and services of one million dollars or more, Business certifies that it and those related entities of Business as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, and are not engaged in business operations in Cuba or Syria. County may terminate this Agreement if Business is found to be in violation of Section 287.135, Florida Statutes. 11. Transfer of Property Subject to Exemption. Business shall notify County of any transfer of real or personal property subject to the Exemption, within thirty (30) days of such transfer. C:IU ,,IkgismrlAppDawILocallTempWCL Techaofogie leasyPDF81@BCL@C40FF8E81@BCL@C40FF8E8.do= Page 3 of 6 Attachment 9 41 12. Form of Notice. Any notice hereunder shall be in writing and delivered by (a) certified mail, return receipt requested, (b) overnight or priority mail, in a form providing proof of receipt, or (c) hand delivery, with written acknowledgement of receipt by the recipient. 13. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 14. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 15. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 16. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian River County, Florida. 17. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this Agreement, the prevailing party shall recover from the non -prevailing party all fees, costs and expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels. 18. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTEN- TIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. 19. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board of County Commissioners. C:IU-,,Ii gi..,L4ppD..a L-.IITempiBCL Te,hno%gie lemyPDF81(a)BCL@C40FF8E81@BCL@C40FF8E8.Aoc Page 4 of 6 Attachment 9 42 20. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. IN WITNESS WHEROF the parties hereto have executed this Agreement as of the date first written above. DIAMOND DRINKS OF FLORIDA, INC. A Florida Corporation Print Name: Position: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk C:IU ,sll.gLs.,AppD..V,o.IITe.piOCL TecMol.gi.L.eyPDF81@BCL@C40FF8E8WCLQnC40FF8E8.d.- Page 5 of 6 Attachment 9 43 Approved as to form and legal sufficiency Dylan Reingold County Attorney Approved: Jason E. Brown County Administrator C.IU.,,Ilegi,.,WppDn.lL.-IITempOCL Tech—f gie le..yPDF 81©BCLQa C40FF8E81Ca�BCLQC40FF8E8.d,a Page 6 of 6 Attachment 9 44 03/30/2021 5.A. March ,30, 2021 Diamond Drinks of Florida, Inc. Economic Development Ad Valorem Tax Exemption (Tax Abatement) Application , i F�pRSO�' 1 • November 2, 2010: Indian River County voters approved a tax abatement referendum, and the tax abatement ordinance (Chapter 1100 of the Indian River County Code) then went into effect for a ten year period. • November 3, 2020: Indian River County voters voted in favor of continuing such authority for another ten years. • That ordinance, along with state statutes, establishes tax abatement requirements, sets tax abatement limitations, and governs the County's tax abatement process t • EDC Review with Recommendation to BCC (March 16th)' 03/30/2021 S.A. • Chamber of Commerce Review with Recommendation to BCC (Completed) • Property Appraiser's office review with report to BCC (Completed) • BCC Public Hearing to Consider Ordinance for fax abatement and agreement with company (Special Call Meeting Scheduled for March 30, 2021) , • New manufacturer to the County that will manufacture plastic bottles and fruit flavored juices., • Company proposes to employ fifty (50) people • Proposes to locate at 7355 9th Street SW, Vero Beach FL 32968 (a former citrus packing house). , I Welcome to Diamond Drinks, Inc - Quality Juice and 'Drink Products fjiemo ul Dunks `i a fogy autansated cohiract be rrag� si�nu�ractu':¢r` Por over 30 years, we have been helping obi oustomers btinq thilr-bo&ages io the marketplace'in'tnnovadve and cost effective plastic bottles. We knows the industry and how it works. We can help you every step of the way. The Right Beverage Manufacturing Partner We w"dl help you formulate your cold beverage recipe using the finest ingredients. If needed, we at- offer Rash pasteurization of your (beverage. Then we package it in attractive and efficient plastic bottles, finally, we can help you get it ready for the marketplace with ourstate:-of-the-i tabeting services and ready to ship packaging. Dlamond Drinks fills plastic bottles in.a variety of shapes th range in size from 2.5 ounces to one Balton. we have an extensive selection of to. stock bottle options from which to choose and can also work with you to design a custom beverage container.. 03/30/2021 S.A. we will help you,%rmulata��your�eotd?Gever`7 iiie,'using the finest ingredients. if needed, xve'also offer flash pasteurization of your beverage. Then vaep­Rfzage k'in attractive and efficient plaRic�es. Finally, We tan help you Qet it ready for the marketplace with our state-of-the-art Diamond Drinks fills plastic bottles in a variety of shapes that range in size from 2.5 '.ounces to one gallon. We have an extersive selection of j0:LULtftjgjL1g_g2tjg= from which to choose and can also work with you to design a custom beverage container. Focused on the main sources of data readily available on Company, its Officers, and Agents • Dun and Bradstreet credit/financial report • General internet search E ' 1 , r • Corporate registrations and liens search E • County official records for tax,liens, judgments, and pending litigation • Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions 1A_ 3 03/30/2021 S.A. • No planned expansions of the building — not eligible for abatement of taxes on real property. • New tangible personal property will be purchased - eligible for a tax abatement on new tangible personal property. • Applicant plans to begin operations soon (hiring starting) • Any approved tax. abatements could start with calendar year 2022 • Property Appraiser evaluates property, as of January 1 sl each year (tangible personal property to be evaluated in early 2022) • tax bill issue date: November 2022 • BCC may grant qualifying businesses an exemption from certain ad valorem taxes (property taxes) for a period of up to 10 years for certain business types (e.g. Manufacturing, Corporate Office) - Manufacturing = Min. of 10 new jobs • BCC may exempt (abate) up to 100% of the assessed value of new real property improvements and newly installed tangible personal property for purposes of assessing "County taxes". • County taxes possible for abatement: General Fund, Municipal Services Taxing Unit (MSTU), and Emergency Services District Fund. • For 2020/2021 budget year: Approximately 47.8% of the property tax bill for the subject properties within unincorporated county • No other taxes, such as School District taxes or taxes levied for the payment of bonds, are affected by the tax abatement. 03/30/2021 5.A. e Number of New Full Time Jobs Created Average Annual Wage Level of Local Capital Investment - Tangible Property Level of Local Capital Investment - Building Expansion Value TOTAL Capital Inves Project Excellence 50 or more jobs category 50 _ 30 (MAX) (manufacturing) (Points 10, 18, 25, & 30) _ i More than 75% but less than 100% county average annual wage _](Points 10, 18, 25, & 30) $1,615,000 NA New Equipment Purchase Business will occupy an existing building. No building expansion $0 NA proposed. _ Between $1,000,000 and $5,000,000 $1,615,000 20 (MAX) Local Capital Investment (Points 20) G � IManufacturing is one of the County's Target Industries. Business will support I 20 -out of 20 existing citrus industry (fruit flavored points20 (MAX) drinks). (Points 0-20) RID ` • . Abatement • by Total1 I i 1. 40-60 100% 100% 80% 60% 40% 20% 10% 0% 0% 0% 2. 61-80 100% 100% 90% 80% 60% 40% 20% 10% 0% 0% 3. 81 or 100% 100% 100% 90% 80% 70% 60% 50% 40% 30% more Number of New Full Time Jobs Created Average Annual Wage Level of Local Capital Investment - Tangible Property Level of Local Capital Investment - Building Expansion Value TOTAL Capital Inves Project Excellence 50 or more jobs category 50 _ 30 (MAX) (manufacturing) (Points 10, 18, 25, & 30) _ i More than 75% but less than 100% county average annual wage _](Points 10, 18, 25, & 30) $1,615,000 NA New Equipment Purchase Business will occupy an existing building. No building expansion $0 NA proposed. _ Between $1,000,000 and $5,000,000 $1,615,000 20 (MAX) Local Capital Investment (Points 20) G � IManufacturing is one of the County's Target Industries. Business will support I 20 -out of 20 existing citrus industry (fruit flavored points20 (MAX) drinks). (Points 0-20) Though the newly created jobs will result in only 34 additional direct, indirect and induced jobs, the Effect on Earnings from adding 50 jobs is much more significant: An M Initial irnpactz;(multiplier of 1.0) — estimated salaries multiplied by the number of anticipated new jobs • $256;350 direct impacf'on earnings (.15 multiplier) + $68;360 indirect iinpactj(:04 multiplier} X444;340 Induced'(.26 multiplier) Economic Impact % initial W Direct a indirect v Induced 03/30/2021 S.A. ,44' 6 03/30/2021 5.A. • Tax abatement ordinance requires tax abatement grantees to enter into a tax exemption (abatement) agreement with the county • meet all exemption (abatement) requirements on a continuing basis • file an annual compliance report with the county • immediately advise the county of any failure of the business to meet exemption (abatement) requirements • BCC is authorized to revoke or revise the exemption if BCC determines that the business no longer meets the exemption requirements or that the application or any annual report contains a materially false statement that would have affected granting or continuing the exemption • Diamond Drinks of Florida, Inc. Tangible Personal Property qualifies for County tax abatement • Staff's analysis indicates that the Diamond Drinks of Florida, Inc. tax abatement application scores in the ;second (middle) award category • Proposed Diamond Drinks of Florida, Inc. facility qualifies for a 8 year tax abatement beginning in 2022 • Maximum potential total tangible personal property tax abatement over the 8 year period in current dollars is roughly estimated to be $45,361 • Maximum potential total tangible personal property taxes paid in current dollars is roughly estimated to be $69,312 for schools, bonds, and other districts and $18,035 for the general fund, MSTU, and emergency services fund 4A- 7 03/30/2021 5.A 03/30/2021 5.A. was µ1YERCU�/LEVEL OF AVERAGE WAGES ipR1pPMaximum NumberPoints: POINTS TION SCORING GUIDELINESYgitir NUMBER OF NEW FULL TIME JOBS Number of Points: 30 POINTSMaximum 1.10 — 19 jobs (manufacturing) or 10 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 2.20 — 29 jobs (manufacturing) or 18 50 — 74 jobs (sales factor) 100 — 149 jobs (corporate office) or 1.More than $100,000 but less than $500,000 3.30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 20 150 — 199 jobs (corporate office) or 3 $1;00.0,000 or�more.butiess than $5,000;000 20 4.50 or more jobs (manufacturing) or 30 4.$5,000,000 or more 100 or more jobs (sales factor) 200 or more jobs (corporate office) or was µ1YERCU�/LEVEL OF AVERAGE WAGES ipR1pPMaximum NumberPoints: POINTS 1.More than 75% but less than 100% county average wage 10 2.100% or more but less than 115% county average wage 18 3.115% or more but less than 150% county average wage 25 4.150% or more 30 LEVEL OF LOCAL Maximum Number of 'i i POINTS 1.More than $100,000 but less than $500,000 20 2.$500,000 or more but less than $1,000,000 20 3 $1;00.0,000 or�more.butiess than $5,000;000 20 4.$5,000,000 or more 20 M- 9 03/30/2021 5.A. " 1� - 10 St Lucie News Tribune 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the St Lucie News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the St Lucie News Tribune in the following issues below. Affiant further says that the said St Lucie News Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St Lucie News Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 03117/2021 Subscribed and sworn to before on March 17, 2021: -s'60-X-0--trvl unc Notary, State of WI, County of Brown TARA MONDL_OCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $148.77 Ad No:0004639803 Customer No: 1310775 PO #: # of Affidavits) -, 3D,2,1 �A 44A NOTICE OF INTENT - PUBLIC HEARING NOTICE 15 HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION 1100.16 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMP- TION GRANTED TO DIAMOND DRINKS OF FLORIDA, INC. ("BUSINESS")) OF CHAPTER 1100 (ECONOMIC DEVELOP- MENT AD VALOREM TAX EX- EMPTION) OF TITLE XI (ECO- NOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMP- TION TO DIAMOND DRINKS OF FLORIDA, INC.; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICA- TION, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, March 30, 2021 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Com- mission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Mon- day through Friday) at the Of- fice of the Clerk to the Board of County Commissioners lo- cated on the second floor of Building A of the County Ad- ministrative Complex, 1801 27th Street, Vero Beach, Flori- da; or alternatively, the pro- posed ordinance may be in- spected at www.ircgov.com. Anyone who may wish to ap- peal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIRMAN Publish: March 17, 2021 TCN4639803 g-4-`2. 6AI INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt, AICP; Chief, Long -Range Planning DATE: March 17, 2021 RE: Consideration of Diamond Drinks of Florida, Inc's Request for a Local Jobs Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its Special Call Meeting of March 30, 2021. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Recently, Diamond Drinks of Florida, Inc. applied for a local jobs grant for its business which will have a lemon orchard, will manufacture plastic bottles, and will mix/fill fruit flavored juices in the plastic bottles. As proposed, Diamond Drinks of Florida, Inc. will bring a targeted business (bottled water manufacturing) with approximately 50 new jobs to the county. To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($43,178 current average annual wage). Currently, seventy-five percent of the County's average annual wage is $32,383.50. Fifty of the proposed fifty jobs meet the minimum wage requirements for the j ob grant application. Based upon proposed wages and jobs, Diamond Drinks of Florida, Inc. is eligible to receive up to a $150,000 jobs grant. On March 16, 2021, the Economic Development Council (EDC) reviewed the local jobs grant application. Although a quorum was not present (11 present out of 23), the consensus of the EDC 45 members present was to recommend that the Board of County Commissioners approve the proposed jobs grant. The BCC must now consider approving the proposed jobs grant of up to $150,000. ANALYSIS Company Diamond Drinks of Florida, Inc. is planning to expand in Indian River County and create 50 new jobs at 7355 91h Street SW, Vero Beach FL 32968. All fifty of the proposed jobs meet the minimum annual wage requirements under the Indian River County Local Jobs Grant Program. Due Diligence As part of the process of evaluating Diamond Drinks of Florida, Inc. for participation in the County's Local Jobs Grant Program, County staff and Chamber of Commerce staff conducted research on Diamond Drinks of Florida, Inc., its officers, and agents. Actions taken as part of this due diligence ,process included: • Obtaining and evaluating a Dun and Bradstreet credit/financial report for Diamond Drinks of Florida, Inc.; • Conducting a general internet search for Diamond Drinks of Florida, Inc. and its officers using key words such as, but not limited to, "foreclosure", "lawsuit", "crime", "criminal", and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens, judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed Staff focused its due diligence research on the main sources of data readily available. Based upon that research and an evaluation by the Chamber's project review committee, Diamond Drinks of Florida, Inc. appears to be financially acceptable and appears not to have significant legal problems among its principals and officers that might raise concerns for providing Diamond Drinks of Florida, Inc. with public funds through the Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after performance is verified (new jobs created at adequate wage levels). Local Jobs Grant Eligibility Review ➢ Industry Classification of Business 2 46 To qualify for the County's Local Job Grant Program, a company must be one of the county's targeted industries. Under the County's target industry list, Diamond Drinks of Florida, Inc. qualifies for the jobs grant program under the "Manufacturing/Warehouse/Distribution" category. ➢ Job Creation Threshold As structured, the county's jobs grant program provides payments for each new position created that pays 75% or greater of the County average annual wage (excludes CEO, owners, and out of area employees). The payments are based on the average annual wage provided by the company for all eligible jobs during a qualifying annual period as follows: 1. If the average wage of the employees falls between 75% and. 99.99% of the County's average annual wage, total jobs grant payment would be $3,000 per new eligible position. 2. If the average wage of the employees falls between 100% and 149.99% of the County's average annual wage, total potential jobs grant payment would be $5,000 per new eligible position. 3. If the average wage of the employees is at or above 150% of the County's average annual wage, total potential jobs grant payment would be $7,000 per new eligible position. Currently, the County's average annual wage is $43,178. It is anticipated that Diamond Drinks of Florida, Inc. will create 50 new jobs in Indian River County, and all 50 of the proposed jobs will meet the minimum job grant qualification of having wages that are above 75% of the County's average annual wage ($32,383.50). . . Grant Calculation The following table indicates the proposed jobs grant amount based on an annual average wage of all eligible jobs of $34,240. Category Qualified Jobs Amount per Job Total Average Annual Wage of all jobs projected to be between. 75% and 100% of COUNTY average wage (excludes wages 50 $3,000 $150,000 for CEO, owners, and out of area employees) Jobs Grant Agreement If the Board of County Commissioners approves Company's Local Job Grant Application, a local jobs grant agreement will be executed between the County and applicant company. That agreement 47 will stipulate various requirements, including that: The grant will be payable over a three-year period by phase. Company will provide copies of its quarterly reemployment compensation reports (RT — 6 forms) to the County so that the County can verify that the number of jobs and wages claimed for each local jobs grant payment level is being provided. Company will supply documentation to the County showing that employees reside within the County or in adjacent counties. The agreement will also include automatic termination provisions that are dependent upon performance (or lack thereof) by Company. Under those provisions, automatic termination will occur either on the date. the County has made the last jobs grant payment, or upon failure of Company to meet the minimum of 5 jobs hiring deadline, or upon failure to provide quarterly reports for a period of three years (draft agreement attached). Funding & Proposed Payment Schedule If approved, the local jobs grant will be funded from County General Fund contingencies taken from five separate County fiscal years starting in County fiscal year 2021-22. The following table indicates the proposed grant funds to be distributed to Diamond Drinks of Florida, Inc. by fiscal year. FY Proposed Job Grant Payments 2021/22 $10,000.00 2022/23 $25,000.00 2023/24 $50,000.00 2024/25 $40,000.00 2025/26 $25,000.00 Total $150,000.00 The proposed payment years and payment amounts stated will vary, depending upon actual performance by Diamond Drinks of Florida; Inc. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year will be included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. CONCLUSION Based on the analysis conducted, staff has determined that Diamond Drinks of Florida, Inc. qualifies for a local jobs grant of up to $150,000. 48 RECOMMENDATION The Economic Development Council by consensus of members present and staff recommend that the Board of County Commissioners: 1. Approve a local jobs grant of up to $150,000 for Diamond Drinks of Florida, Inc., and 2. Authorize the chairman to sign the Jobs Grant Agreement for Diamond Drinks of Florida, Inc. after approval of the agreement by appropriate county staff and the county attorney's office (draft agreement attached). ATTACHMENTS 1. Jobs Grant Application 2. Draft Jobs Grant Agreement F:\Community Development\Users\EDplannr\INCENTIVES & FUNDINGVOBS GRANT PROGRAMWCTIVE JOBS GRANTS\Diamond Drinks\BCC Agenda Item\BCC agenda item - Diamond Drinks.doc 49 v 3 ,rr LOCAL GRANT PRO • • 1 t , I. APPLICANT INFORMATION: lease Fill In the Grey Shaded Cells Diamond Drinks of Florida, Inc Business Name AnthonyJoseph Cemmo Jr. Business Owner(s) Full Legal Name(s) e.. John Howard Smith, Jr. Officers Full Legal Names Agent(s) Full Legal Names) (Enter Officers in multiple lines above) 600 Railway Street Williams rt PA 17701 Address City State Zip Code 570-326-2003 acenimo(ususrdd.com suscon lastics.com Phone Number E-mail Website David Wayne Dawes Controller Contact Person (Full Legal Name) Title Business Unit's Federal Employer Identification Number: Business Unit's Unemployment Compensation Number: Which of the following best describes this business: Yes/No Yes New business to Indian River g2unty No Existing business in Indian River County If an expansion, how Many 'obs are currently in the business? H. PROPOSED SITE LOCATION if known); 7355 90 St Sw Vero Beach 32968 Address 333930000010040000010 City Zip Code Property Parcel Number(s) Current Location (if different) Address City Zip Code Property Parcel Number(s) 50 M. BUSINESS DESCRIPTION: Give a full description of the p rimary business activities/functions: This location will be the host to agricultural activities (lemon orchard). manufacturing of plastic bottles. and mixing/filling of fruit flavored juices. List the NAICS Codes for the business: F_3:2:160,312112 Note: NAICS Codes for business types can be found at the following website: https://,,vww.census.gov/eos/Nvww/naics/ Will the site be a dedicated head uarters office regional, national, or international)? No IV. JOB CREATION INFORMATION: Anticipated number of new full-time, j obs that will be created by the business in IndianRiver County: Salary range of new full-time jobs identified in the previous question: (PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION) Phase Number of net new Date by which promised jobs will be Year Average full-time equivalent provided. (Please circle the appropriate quarter end Annual jobs created by the date) 'Wages (S) business List jobs in no less than 1 and no more than 3 List at least 5 jobs in Phase 1. phases. I 10 Dec. 31st Ivla� r 3 June 30th Sept. 30th 2021 $39,200 11 15 Dec. 31st Mar. 31st June 30th Sept. 30th 2022 $33,000 IIJ 25 Dec. 31st ar. 31st. June 30th Sept.30th 2023 $33,0.00 Total 50 51 V. CRIMINAL/CIVIL FINES OR.PENALTIES: List and explain .any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or. its affiliates and any recent bankruptcy proceedings of the'applica6t or its parent company: VI. CONFIDENTIALITY - In accordance with Section 288.075 of the Florida Statutes, the Applicant may request that Indian River County maintain the confidentiality of all information regarding the Project (including information contained in this application) for the lesser of a 12 month period after the date of this application (which may be extended for an additional 12 months upon request), 6 months after the issuance of the final project order approving the project or until the information is otherwise disclosed. Please indicate whether the Applicant is requesting confidential treatment of the Project in accordance with Section 288.075 of the Florida Statutes. aYes 0 No To the best o y knowl ge, the information included in this application is accurate. February 18,.2021 Signahar of O er or Authorized Representative Date Anthony Cenimo Printed Name 5 52 M kn co al pta 0 d' G 'CS VO- 00 O O O O WCt d' > U U U U U U co *0 V3 CM f3 Im, O U V1C4 1cc.' ice+ L it O q • O O O y 0 y 0 y 0 y 0 O �+ v y Cd •�- •:% 's.. '� '' Meal Qj � � •�,,. �+ � Y � � � y;/ +r x G U 0 O U 1) o I O M� O� O 'U O xi O U ; z O U xi O U H V v� H U H V W U ��, Cj yj > o O 0 0 0 0 0 0 0 0 0 0 0 0 0 N O ejj rq GS ylg GIs b�9 En CA. tC W O O O O O O C: C "O G N O •�N cn O y N M M M M -+ k -a O r � � N O QI v Q N co .-r O N CLS 0 rV.. h ca cG w3 wW 0 0 0 c, cv M kn JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND DIAMOND DRINKS OF FLORIDA, INC. THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 30'h day of March, 2021 (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 Diamond Drinks of Florida, Inc, 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 COUNTY by either attracting new businesses to COUNTY or by encouraging the expansion of existing businesses within COUNTY; and WHEREAS, the creation of new employment opportunities for residents of COUNTY and the increased tax revenues resulting from such business expansions or relocations within 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 COUNTY and thereby creates new employment opportunities for the residents of COUNTY; and WHEREAS, COUNTY, through its Board of County Commissioners, has created a local Jobs Grant Program; and WHEREAS, COMPANY currently has 0 full time employees employed within Indian River County, and WHEREAS, COMPANY, in accordance with the COUNTY's Jobs Grant Program criteria, is a New Business that will expand its business in COUNTY to create 50 additional full-time jobs which pay at least 75% of COUNTY's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is 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. -1- Attachment 2 54 DRAFT 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 Counties" 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 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 $43,178 (effective January 1" 2019 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. Commencement Date" — the date that the COUNTY begins tracking qualifying jobs for potential local jobs grant payments. Such date shall start on one of the following dates: January 1 St, April 1St, July 1 st, or October 1 st of a year agreed to by COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. i. "Qualifying job" —a full-time equivalent job having an annual wage equal to or greater than 75% of Indian River County's Average Annual Wage. Such jobs must be filled by people who live in COUNTY or Adjacent Counties. -2- Attachment 2 55 DRAFT j. "Quarterly Reemployment Compensation Report (RT -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 reemployment compensation should employees cease to be employed. For purposes of this Agreement, this definition shall also include other similar COUNTY approved certified . forms from COMPANY or COMPANY's professional employer organization. k. "Relocation of a business" — a business relocating to COUNTY and employing 5 or more full-time employees in the COUNTY. 1. "Target Industry" — An industry identified within the Target Industry List of the Economic Development Element of COUNTY's Comprehensive Plan (Policy 2.5 of the Economic Development Element). 2. Term; Termination. This Agreement shall be effective as of the date of this Agreement stated on page 1 and shall automatically terminate after one of the following has occurred (whichever occurs first), unless terminated earlier by COUNTY because of a Default by COMPANY. a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the Commencement Date, as may be modified; or c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide required Quarterly Reemployment Compensation Reports (RT -6 form) to COUNTY. Grant Eligibility-, Payment Schedule. a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $150,000. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re -imbursement basis. The number of jobs estimated to be provided 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, and by the criteria set forth below. (i) For Phase I, 10 new qualifying jobs meeting the wage level commitment in Section 5 of this Agreement shall be provided by the phase -3- Attachment 2 56 DRAFT commencement date 4/01/21. 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 5 of this agreement shall be provided by the phase commencement date 4/01/22. 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, 25 new qualifying jobs meeting the wage level commitment in Section 5 of this agreement shall be provided by the phase commencement date 4/01/23. 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 25 jobs. (iv) It is understood that the quantity of jobs proposed above, their annual wages, and dates of hire are estimates. Because of that, the quantity of jobs provided may be less than 50, and the Commencement Date (for Grant tracking) may be extended. Proposed jobs will remain eligible for Grant incentives provided: a. The minimum number of qualifying jobs provided in Phase I is 5. b. The maximum number of jobs eligible for local jobs grant funds for Phases I, II, and III is 50. c. The maximum extension for a phase commencement date shall be one year. Such commencement date extension may be approved administratively by the County Community Development Director or his designee provided the extension date meets the requirements of Section 3 of this agreement. If any of the 50 eligible jobs proposed for Phases I, 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. In no case shall the total Grant exceed $150,000. (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 -4- Attachment 2 57 AI 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, the Community Development Department Director, or his designee, 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 $150,000 by the end of this Agreement. (vi) If COMPANY changes the products or services it provides in such a way that would make COMPANY no longer qualify as a "Target Industry" or if COMPANY relocates outside of Indian River County, COMPANY shall be in Default of this Agreement. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY was not a "Target Industry or if while COMPANY was not relocated within Indian River County." (vii) During the Term of this Agreement, COMPANY shall have a majority (greater than 50%) of its goods and services, attributable to the Indian River County location, sold or distributed outside of Indian River County. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY did not meet this requirement. b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 18t Quarterly Reemployment Compensation Report COMPANY shall provide to the COUNTY Community Development Director, or his designee, an employee census and a copy of the Quarterly Reemployment Compensation Report for the Effective Date of this Agreement. 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 Quarterly Reemployment Compensation Report (RT -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 the Community Development Director, or his designee, in a form acceptable to the Community Development Director, or his designee, showing that positions for which Grant funds will be awarded are filled by people who live in COUNTY or Adjacent Counties. -5- Attachment 2 58 DRAFT The Grant eligibility determinations will cover one year periods, with each yearly period beginning and ending as follows: Phase Grant Eligibility Determinations ist 2nd 3 r final Begin End Begin End Begin End I 4/01/2021 3/31/2022 4/01/2022 3/31/2023 4/01/2023 3/31/2024 II 4/01/2022 3/31/2023 4/01/2023 3/31/2024 4/01/2024 3/31/2025 III 4/01/2023 3/31/2024 4/01/2024 3/31/2025 4/01/2025 3/31/2026 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made based on the County's current adopted payment calculation methodology (methodology approved by the BCC on 10-24-2017) within forty-five (45) days after the date COMPANY submits the latest Quarterly Reemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 6), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last Quarterly Reemployment Compensation Report, as described above, not coincide with the date that an eligibility determination is made, COMPANY shall have the right to file a Quarterly Reemployment Compensation Report, in a form substantially similar to a Quarterly Reemployment Compensation Report, and such Quarterly Reemployment Compensation 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 applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, the Community Development Director or his designee will reduce the Grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20% contribution obligation to the State for COMPANY's QTI Tax Refund agreement. The Community Development Director or his designee will submit the 20% payment obligation to the State for placement in the Florida Economic Development Trust Fund. (ii) If at the time of performance evaluation for payment as described in subsection 3.b COMPANY is not current on COUNTY Real Estate and Tangible Personal Property Taxes, COUNTY shall withhold Grant payments for that eligibility determination time period and COMPANY shall automatically forfeit its right to collect Grant payments for that eligibility time period. COMPANY shall remain eligible for any -6- Attachment 2 59 DRAFT remaining future Grant payments for future eligibility time periods provided COMPANY is current on such taxes referenced above at the time of future Grant eligibility determination time periods. 4. Job Creation Commitment. COMPANY estimates that it will provide 50 new Qualifying Jobs within 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. Grant funds will be awarded up to a maximum of $150,000. The Grant award will be based on the following: Category* Amount Per Job 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 $7,000 Annual Wage (or greater) *One average annual wage category will be utilized consistent with Exhibit "D" and the County's current adopted payment calculation methodology. 5. 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 $32,383.50, will pay 1 employee an annual wage of not less than $43,178.00, and will pay 1 employee an annual wage of not less than $64,767.00. 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 below, provide written verification of such wages satisfactory to the Community Development Director or his designee. 6. Annual Job Status. COMPANY must provide the Community Development Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within COUNTY on State form RT -6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Community Development Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment 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. Quarterly, COMPANY must also provide the Community Development Director or his designee a signed statement indicating the percent of -7- Attachment 2 60 DRAFT its total sales/services from the Indian River County. location provided outside of Indian River County for the jobs grant payment time period. Starting with calendar quarter 1 in 2021, quarterly reports must be submitted for Grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Community Development Director, for good cause. 7. Default; Termination. Except as set forth herein, 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. Indemnification. COMPANY shall indemnify and hold 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 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. 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. 11. 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. -8- Attachment 2 61 DRAFT 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 express prior written consent of the Community Development Director. The Community Development Director shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written Community Development Director consent shall be null and void and may, at the option of the County Community Development Director, be deemed a Default under this Agreement. COMPANY acknowledges and agrees that the Community Development Director 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 COUNTY Community Development Director, in his sole discretion, deems appropriate. If COMPANY seeks the Community Development Director's consent for a Transfer, COMPANY shall submit to the Community Development Director 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 COUNTY; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. If the Community Development Director withholds the consent to Transfer, COMPANY may appeal to the County Administrator. If the County Administrator withholds the consent to Transfer, COMPANY may appeal to the Board of County Commissioners. 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 -9- Attachment 2 62 DRAFT Transfer; and (b) if appealed to the Board of County. Commissioners such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners, 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 Part III, Chapter 112. 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): 7355 9�' Street SW Vero Beach FL 32968 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. 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, as modified by exemptions in Chapter 288, Florida Statutes. -10- Attachment 2 63 DRAFT 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 COUNTY and COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney COMPANY: BY: Title: -11- Attachment 2 DRAFT Typed Name WITNESS: Title: Signature -12- Attachment 2 65 EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & DIAMOND DRINKS OF FLORIDA, INC COMPANY Identification and Information: Application received date: February 23, 2021. COMPANY description: DIAMOND DRINKS OF FLORIDA, INC. is a new manufacturer in the County that will manufacture. plastic bottles and fruit flavored juices. COMPANY'S current mailing address: 7355 9t' Street SW Vero Beach FL 32968 -13- Attachment 2 66 DRAFT EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & DIAMOND DRINKS OF FLORIDA, INC I. Target Industry Categories eligible for application: COMPANY qualifies for the Jobs Grant Program under the Manufacturing/Warehouse/Distribution" category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category of "Beverage Manufacturing", NAICS Code #3121. II. Employment Commitment: The COMPANY is receiving this Grant based upon its representation that it will bring the following employment opportunities to COUNTY: 1) 48 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2) 1 # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 3) 1 # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Maximum Potential Grant Amount Category Qualified Jobs Amount per Job Total Average Annual Wage of all qualified jobs projected to be between 75% and 100% of 50 $3,000 $150,000 COUNTY average wage *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 $150,000. As noted in the agreement, incremental payments will be made for qualified jobs based upon phase dates and actual company performance in meeting local jobs grant requirements. F:\Community Development\Users\EDplannr\INCENTIVES & FUNDINGVOBS GRANT PROGRAWACTIVE JOBS GRANTS\Diamond Drinks\BCC Agenda IternWroposed Jobs Grant Agreement - Diamond Drinks V2.docx -14- Attachment 2 67 Use black ink. Example A - Handwritten Example B - Typed Fxampie A . F.ramge8 caoo®c�a®M ❑0 45 ❑ �QUARTER iC0/C07G Name Mailing Address City/St/Zlia Location Address City/StIZIP 1. Enter the total number of full-time and part-trme covered workers who performed services during or received pay for the payroll period including the 12th of the month. Exhibit "C" Florida Department of Revenue Employer's Quarterly Report Employers are required to fie quarterly UxAvage reports regardless of employment a6 ity or whelller any farces are due. DUE DATE C __1 1st Month ❑❑�7(, (❑❑ 2nd Month❑❑i�❑❑ 31d Month a ❑ ❑ ❑ ❑ ❑ ❑Check if final return: ( j❑/j—j❑/❑jam❑a Date operations ceased. u tUl lul RT -6 .Use Black Ink to Complete This Form R.01/15 PENALTY AFTER DATE TAX RATE RTACCOUNTNUMBER [1❑1❑nn❑ Do not make any changes 8 you do not have an account number, you to the pre-printed are required to negister(we insfrucfioos} information on this form. F.E.I. NUMBER II changes are needed, request and complete an a _ a ❑ 6rrptoyerAccarnf Change Form(RTS-3). FOR OFFICIAL USE ONLY PO.STMAID(DATE Reverse Side Must be Completed a ago o� ❑ a ❑ 2. Gross wages p qra for (Must total at pages) ❑ oa� ❑ (� ISI ❑ ❑ ■ ❑ ❑ 3. Excess wages d des quarter (Seeinstructions) !� ❑ a ❑ ❑ ❑ o ■ ❑ 4. Taxable paid this quarter (See instructions) (See �� f❑ o a o a oo ❑ o a ■ ❑o 5. Tairdue (Multiply Line 4 by Tay. Rate) ❑ a 1111 1111 . 1111 6. true (See (n See instructions) ID ( 0 011 0 ❑'D [10. [1 0 U T. Interest due (S� instructions) (Seein❑❑❑'❑0❑f❑[I❑ I`II ■ [I [I 8. Insta(See lmentfee (See instrircfions) ❑ ■ ❑ ❑ ga. it (Sefamamdue (See instructions)strucinstructions) 000,aao,oaa. oa 9b. Amount Endmil (See mstruc5ons) 111111 .1111 � II —11 a Check if you had out-of-state wages. Attach Employer's Quarterly Report for Outof-State Taxable Wangs (RT-6NF).ii T^ r R 6 If you are filing as a sole proprietor, is this fa ❑��'❑�❑!❑❑�.❑❑ 1 domestic (household) employment only? Yes No Under penes of pe . I declare that I ha a read the return and the facts stated in it are true (sections 44.3.1 FIR, Rada Statutes). Title Sign here Phone Fax here if you are electing to Sign of otGcer Date ( ) ( ) Preparer9 funds electronically. Preparer check Preparer's Paid signature Itself -employed SS r4or KIN preparers Firm's name (or yours Date FEIN only If self-employed) ZIP Preparer a and address phone number ( ) TC Rule 738-10.037 Florida Administrative Code Effective Date 11/14 Florida Department of Revenue T DO NOT - Employer's Quarterly Report Payment Coupon COMPLETE and MAIL with your REPORT/PAYMENT. DOR USE ONLY Please write your RT ACCOUNT NUMBER on check 00 / 11 ❑ / 1111 ❑ Make check payable to: Florida U.C. Fund CI?OSTMARK OR HAND -DELIVERY DATE RT ACCOUNT NO. a a ❑ RT -6 F.E.I. NUMBER �❑_���O�O�j Name Mailing Address Cityist/ZIP RT -6 R. 01/15 L i U.S. Dollars I Cents GROSS WAGES (From Line 2 above.) ❑�'�❑❑'❑a❑.00 AMOUNT EN (From Line 9b above.) ❑��'❑�❑!❑❑�.❑❑ PAYMENT FOR QUARTER ENDING.MM/YY HCheck here if you are electing to a Check here if you transmitted pay tax due in installments. funds electronically. L68 9100 0 99999999 0068054031 7 5009999999 0000 4 DRAFT III II IIID I II III �) II IIIII I II IIII II III') Florida Department of Revenue Employer's Quarterly Report RT -6 Employers are required to fila uartarly taxhvage reports regardless of employment ent activity or whether any taxes are due. R. 01/15 Use Black Ink to Complete This Form QUARTER ENDING EMPLOYER'S NAME El 11 CI F1 0 G 1, RT ACCOUNT NUMBER 1111001 !n11 10. -_—n—[0'01001 EMPLOYEES SOCIALSECURITYNUMBER } _ — 11.EMPLOYEE'SNAME (pleaseprirtfir^sttwdwcreracrersoflast nameandfis eight,.a terz of first name in boxes) 7237 EMPLOYEE'S GROSS WAGES PAID THIS OUARTER 72b. EMPLOYEE'S TAXABLE WAGES PND THIS OUARTER j only the $7,000 pai�dto each em{ployeo per calendar year is laz�jab!e.I I �, Pl1❑!00 [ i 1001 Name �❑t-1P00PF11 i�l� 12a. �first �� i __jt 1I ��l���■! Imo' First Name ❑ t— �jj�j l—_ t_�i Mtddle (�ru�tial ❑ 12b. _ i(}L�J�� ■ J (�(� j.. � (((j �jt E__11 j L.I a t! ❑ J- 1 �I fr❑�� Arne �j ❑ �(❑� 1_1 �� {} !�1 �� L— IJ L_ a 1237 j� �� (� �� l ALJ —! �1 _ jj� _ ■ i F Nae J n�j F_j [ -11101111 ��� Nlidd•.a Ing a� o 12b.. 11 �} j i �I_I u . 1011 �j j f t_10❑_1�€ i�J j{ Name J❑O_I❑t�L_!�_ J � 1237 � j ���iLJ_1,■10 C First. !�j Name 101(_ ��j �� i �rv� j��}� 0.0 —I M�adle 01 I xh2 12b. � ■ 1� F1 F11 1 [1 � — �� _ j�El j Nam L_7 l _1 j��1�_1! I� IJ L� �01 Li 123. j��{�_'� lJ o �L _l ji � �— 1 1 j(L�! El . i_1 �7j j _J First Name L����❑l I❑� lrtitial LJ 12b. ( i ( (I�' t t ill'■ }.� ��' r` I� E .I Lzst �! �{�?j Nam Li jai' IIt lJ 1� �! 3,� ❑'�—! �I {!� ! —i , � i 1_I LJ 123. t_ —i 1 � '� •.�i F, t �,((( Name J U , �( �j til J L —� jj�� L— L—! 11���jjj, L�t Mldd!e tra; z! �j 12b. I � %t 1 �(�jj _1 ■ �l s _ ' I � � �'Y I L__.! 0 — 01 ` t1 E i_.J i�i Last ' i tram- � ❑ (�j (� I i ! ❑ 0 L..._! 1111 �! 11 � "! i—t i � 11'i—II 1237 � . I � � j� 11FID LJ i 1 1 _ � L_ � ■ . fist �-� Name L� 1I�( (— r�!�jjl i M bile. nfi� 12b. ILS' 5 —1 �� I I� r j ' . F �i L_ J j C 1 �___ i� 11 } Name ❑ r ` 1 '[][]E" l ] n� J t_ ❑ ! , 12a. 111111701 i— i—i �E11,17111, I E + 1 ■ E_! LJ —1 First Nave n _U j 0 i" MrdSRe n y Irath� 12b. 1 � I k FF] El F1 -� - � m- �u a �� fl -] 123. F][11EEl0,[00.❑LI first I—' Name li i_111 �T [ 1 I �� Mrddie t ( F :_f 0 "' J 12b. ( t !� (, '! f� gL� � L� . I� 1337 Total Gross Wages (add Lines 12a only). Total this page only. Include this and totals frau additional pages in Line 2 on page 1.LJ i I i '� Ir -11 1 n 9000.00 L 13b. Total Taxable Wages (add Lines 12b only). Total this pageonly. Include this and totals from additional a es in Line 4 on page 1. , j DO NOT ----------------- DET/CCN------------ `_--------------------------------------------------------------_-"_--____ Mail Reply To: Reemployment Tax Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Florida Department of Revenue 5050 W Tennessee St Bldg L purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399-0180 and federal law. Visit our website at www.myflorida.com/dor and select 'Privacy Notice` for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Please save your instructions! Quarterly Report instructions (RT-6N/RTS-3) are only mailed with new accounts or when there are changes. If you misplace your instructions, you can download theUJa f[om www.myflorida.com/dor 03/30/2021 6.A. March 30, 2021 Diamond Drinks of Florida, Inc. Local Jobs Grant Application Financial incentives for "Targeted Industries" to locate or expand within Indian River County — Policy 2.5 • $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage ($32,383.50 to $43,177) • $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage ($43,178 to $64,766) • $7,000 for each new position created that pays 150% or more of the County's average annual wage ($64,767). 61-1 03/30/2021 6.A. • Diamond Drinks is a plastic bottle and fruit drink manufacturer. • Applicant qualifies for the jobs grant program under the County's "Manufacturing/Warehouse/Distribution" Target Industry Category • Location will be in Indian River County — 7355 9th Street SW, Vero Beach FL 32968 (a former citrus packing house). Focused on the main sources of data readily available on Company, its Officers, and Agents • Dun and Bradstreet credit/financial report • General internet search • Corporate registrations and liens search • County official records for tax liens, judgments, and pending litigation • Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions 03/30/2021 6.A. Average Annual Wage of all jobs Projected to be between 75% and 100% ($32,383.50 to $43,177) of COUNTY average wage (excludes 50 $39000 wages for CEO, owners, and out of area employees) * Date can be administratively extended up to one year 61— * l— 03/30/2021 6.A. VEt G *F I RECOMMENDATION �OR1t14` The Economic Development Council by consensus of members present and staff recommend that the Board of County Commissioners approve a local jobs grant of up to $150,000 for Diamond Drinks of Florida, Inc. after approval of the agreement 'by appropriate county staff and the county attorney's office. bl 4 Potential Payments by Fiscal Year (FY) FY Phases Proposed Job Payment Month Grant Payments & Year Total $150,000.00 , VEt G *F I RECOMMENDATION �OR1t14` The Economic Development Council by consensus of members present and staff recommend that the Board of County Commissioners approve a local jobs grant of up to $150,000 for Diamond Drinks of Florida, Inc. after approval of the agreement 'by appropriate county staff and the county attorney's office. bl 4 Overall Impact: > $2,478,050 increase in annual earnings, based on a 1.45 multiplier for the manufacturing industry ➢ An increase of 84 Jobs, using an industry multiplier of 1.68 Though the newly created jobs will result in only 34 additional direct, indirect and induced jobs, the Effect on Earnings from adding 50 jobs is much more significant: • ;An $17M initial impact (multiplier of 1.0) — estimated salaries multiplied by the number of anticipated new jobs • $256,350`direct nipact on earnings (.15 multiplier) • $68;360, indirect impact (.04 multiplier) • $444,340 ;Ir dueed (.26 multiplier) Economic Impact 03/30/2021 6.A. • Initial a Direct ■ Indirect o Induced bq - 5 Diamond Drinks, rnc. 600 ' RailwayW li mspo, PStreet7701 Phone:(570) 322-2422 E E E• ..EE Welcome to Diamond Drinks, Inc - Quality Juice and Drink Products 03/30/2021 6.A. We will help you formulate your cold beverage recipe using the finest ingredients. Sf needed, we also offer flash pasteurization of your beverage. Then we package it in attractive and efficient plastic bottles. Finally, we can help you get it ready for the marketplace with our state-of-the-art labeling services and ready to ship packaging. 'Diamond Drinkas is fully auto eted contract beveragemariufacturer, For over 30 years, vie have been helping Diamond Drinks fills plastic bottles in a variety of shapes that our customers b ng their beverages to the marketplace in innovative anal cost effective plastic bottles. We know range in size from 2.5 ounces to one gallon. we have an the industry and how it works. We can help you every step V the way. extensive selection of in -stock bottle Options from which to The Right Beverage Manufacturing ' etas� choose and can also work with you to design a custom Partner _ tr ' ,§ beverage container. n'�..1� i §' 3 We will help you formulate your cold beverage recipe usingf•�s •, �3 �.R=' the finest Ingredients. If needed, we alai offer flash Diamond E o pasteurization f your beverage. Then vee package it in attractive and efficient plastic bottles. Finally, we can help you get it ready for the marketplace with our state-of-the-art ' P7 labeling services and ready to ship packaging. Diamond Drinks fills plastic bottles in a variety of shapes that t range in size from 2.5 ounces to one gallon. We have an extensive selection of in -stock bottle oq,lens from which to - choose and can also work with you to design a custom beverage container. W