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HomeMy WebLinkAbout2026-040Resolution 2026- 040 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REGARDING ECONOMIC DEVELOPMENT AND JOB CREATION, AUTHORIZING THE INDIAN RIVER COUNTY LOCAL JOBS GRANT PROGRAM FOR THE ATTRACTION OF NEW BUSINESSES AND RETENTION OF EXISTING BUSINESSES WITHIN THE COUNTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, economic development is in the public interest and a priority of Indian River County to attract and retain businesses and create jobs to enhance the quality of life for its residents; and WHEREAS, §125.045, Florida Statutes, provides that Indian River County may expend public funds to attract and retain business, including grants to private enterprises, as achievement of such goals constitutes a public purpose; and WHEREAS, the Indian River County Economic Development Strategic Action Plan was adopted on February 24, 2026, having the stated goal of enhancing County resources and services for economic development, including the specific strategy for implementation of economic development programs and for comprehensive review of the County's incentives for revision; and WHEREAS, the Economic Development Council reviewed the existing Local Jobs Grant Program and recommended revisions to the program and associated agreement at their regular meeting on May 19, 2026; and WHEREAS, the Board of County Commissioners will consider eligible program applications to the Local Jobs Grant Program on a case-by-case basis, and the grant funding is a reimbursement to the business after the jobs are created. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS, Section 1. The Board of County Commissioners hereby finds that funding economic development programs to attract and retain business in Indian River County serves a valid public purpose and it adopts the revised Indian River County Local Jobs Grant Program outlined in this Resolution. Section 2. Applications for the Indian River County Local Jobs Grant Program incentives authorized pursuant to this Resolution, are considered subject to available funding on a case- by-case basis by the Board of County Commissioners, who has final authority to approve, deny or amend the terms of the grant and agreement with the applicant. Resolution 2026- 040 Section 3. The Local Jobs Grant Program Guidelines are approved and attached as Exhibit "A" of this Resolution which may be amended from time to time through recommendation of the Economic Development Council and approval of a resolution by the Board of County Commissioners. Section 4. The Local Jobs Grant Agreement is approved substantially in the form attached hereto as Exhibit "B" of this Resolution. Section 5. This Resolution hereby supersedes and replaces all prior approvals, policies, rules, and orders of the Indian River County Board of County Commissioners regarding the Indian River County Local Jobs Grant Program. To the extent of any conflict, the provisions of this Resolution shall control. This Resolution was moved for adoption by Commissioner Joseph H. Earman , and the motion was seconded by Commissioner Joseph E. Flescher and, upon being put to a vote, the vote was as follows: Chairman Deryl Loar AYE Vice Chairman Laura Moss AYE Commissioner Susan Adams ABSENT Commissioner Joseph H. Earman AYE Commissioner Joseph E. Flescher AYE The Chairman thereupon declared this Resolution duly passed and adopted this day of June , 2026. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: 'L-4 1b Deputy Clerk J Approved as to Form and legal sufficiency: By: J nnifer . Shuler, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA y'('WG/SS�� . By: Deryl Loar, Chairman o'•. .-off; . Resolution 2026-040 Exhibit A`eZ Indian River County Local Jobs Grant Program W. Program Guidelines ```RwD Program Description and Grant Eligibility • The program is open to new businesses locating in Indian River County, and existing Florida businesses expanding in Indian River County that will create new fulltime jobs. • The job creation period is limited to a maximum of three years from the commencement date. • The grant ceiling is a maximum reimbursement of $1.5 million with an annual disbursement not exceeding $500,000. • The Board of County Commissioners considers applications on a case-by-case basis, and the Board has final authority to approve, amend terms, or deny an application. • The grant agreement must be approved prior to the creation of newjobs, and grants are provided based upon new employment after the effective date of the agreement. • The new employees must work at the Indian River County location cited as the site facility of the new business or expanding business. • Businesses applying for grants must be current on their taxes and not have outstanding liens, judgements, or code violations. • Businesses are required to provide their base employment level of existing employees in the State, as of the effective date of the agreement. • New jobs may be created over a three-year term, beginning on the job creation commencement date. • The grant amounts awarded are based upon the total number of newjobs created above the base employment level, and the average wage amount for the new jobs created. • The grant amount for new jobs that average at least 100% of the County average wage will receive a one-time grant of 20% of the county average wage for each new job created. • The grant amount for new jobs that average 150% or more of the County average wage will receive a one-time grant of 25% of the respective 150% County average wage for each new job created. • The Indian River County average wage is determined from data provided by the Florida Department of Commerce. • Grants are an annual reimbursement to the business, after the business has made their investment in job creation. • The applicant must be a "targeted industry" of the County as determined utilizing the County's Comprehensive Plan, the Economic Development Strategic Action Plan and industries identified by Florida Commerce as target industries of the State. • The applicant must create a minimum of 5 new jobs in the first year after the job creation commencement date. • If a business receives grant funding and relocates their facility outside of Indian River County three years after a final grant disbursement, the County reserves the right to pursue a claw -back, in whole or in part, of the Local Jobs Grant funding received. Program Approval Process Applicants meet with County staff or Indian River County (IRC) Chamber staff to review proposed project and employment projections. • Application is submitted to County Staff for review of program eligibility. • Based upon employment and wage projections, the total grant request and grant cap is established for the agreement. • County and IRC Chamber staff perform due diligence regarding the business and its owner/managing member(s). • IRC Chamber staff provides an economic impact analysis of the project to County Staff. • If application is approved for eligibility, the application is scheduled for a review and recommendation of the Economic Development Council (EDC). • After review and an affirmative recommendation of the EDC, an agreement is drafted by County staff to reflect the representations within the application. • Staff prepare a Board of County Commissioners agenda item to consider the application and associated agreement. • If the agenda item is approved by the BCC, the agreement is executed and the project begins upon the effective date of the agreement. Project Implementation and Grant Reimbursements • The business provides documentation substantiating their base employment level as of the effective date of the agreement. • The commencement date within the agreement is the applicant's commitment to begin new job creation. • The total job creation period may extend for not more than a three-year term, and the agreement will have an established commencement date and annual reporting date(s) for each year. • For annual reports and grant reimbursement, the business will submit an annual reporting form with certifications, an employee census report, and the State Quarterly Employment Compensation Report (RT -6 Form) for the date(s) established within the agreement. • In addition to the job creation commitments, the business will need to certify the following in the annual report as part of their continued grant eligibility: o The business has maintained the target industry status o The business has maintained its operations in Indian River County o The business is current with its real and tangible property taxes o The business certifies that the employment and wage information is true and accurate in accordance with the requirements of the agreement County staff will review the annual report documentation, request additional information as may be necessary, verifythe eligible grant amount requested, and process payment to the business. Resolution 2026- 040 Exhibit B Local Jobs Grant Program Grant Agreement JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PROGRAM APPLICANT THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 'h day of , 2026 (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 Program Applicant, a company authorized to do business in the State of Florida and further described in Exhibit A , 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 the 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 approved the Local Jobs Grant Program by adoption of Resolution 2026 -XXX; and WHEREAS, COMPANY currently has XXX full time employees employed within the State of Florida, and WHEREAS, COMPANY, in accordance with the COUNTY's Jobs Grant Program criteria, is A New Business or an Existing Business in the State of Florida and will locate or expand its business in COUNTY to create XXX additional full-time jobs which pay at least 100% of the COUNTY's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is a Target Industry eligible to receive a Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with COUNTY Jobs Grant Program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Report" means the Company's annual submission of information in determining eligibility for jobs grant payments. Such reporting shall include, the Annual Report Form with certifications, A State Quarterly Reemployment Compensation Report (Form RT -6) with redacted social security numbers, which RT -6 most accurately reflects the fourth quarter of the job creation period(s) in the Agreement. an employee census report, and any information reasonably required by the County. Such annual reports will be due the year following the commencement date, as established in the agreement, on one of the following dates which coincide with the State of Florida (RT -6 form) deadline: January 31 St, April 30th , July 31 ", October 31St b. "Annual Wage" - includes salary, bonuses, and commissions. c. "Base Employment Level"- is the total number of employees as of the effective date of the agreement approved by the Indian River County Board of County Commissioners, as established by the employee census report in conjunction with a Quarterly Employment Compensation Report (RT -6 form) for the pertinent quarter. The reports shall be due within 90 days following the effective date of the agreement. The total number of employees does not include the owner(s) or CEO. d. "Clawback Event" - means any of the following events: 1. Closure. COMPANY closes down, ceases operations, relocates to a location outside Indian River, or permanently discontinues business operations at its primary location in the County, including by shutting down facilities, terminating substantially all employees, or otherwise rendering it non- operational. 2. Insolvency. COMPANY makes an assignment for the benefit of creditors, becomes bankrupt or insolvent and such event results in Closure. 3. Transfer. COMPANY transfers, sells, or substantially assigns all assets, in a manner that results in Closure. e. "Commencement Date"- the date that the Company commences its job creation period for the purposes of the Jobs Grant Agreement and the COUNTY begins tracking qualifying jobs for potential local jobs grant payments, subject to verification in the Company's Annual Report. Such date shall start on one of the -2- following dates: January 1st, April 1St, July 1St, or October 1St of a year mutually agreed to by the company and COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. f. "Default" - failure to comply with the terms of this Agreement. g. "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 Agreement, 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. "Full -Time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week. i. "Grant" — means all cash payments disbursed by COUNTY to COMPANY under this Jobs Grant Agreement. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in COUNTY as determined by Florida Department of Commerce, 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 $XX,XXXX effective January 1St 2026. This dollar value shall be used for the duration of this Agreement for determining local jobs grant incentives. k. "New Business" — shall be defined as a new business in the State, establishing 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Agreement, and provided that such business first begins operations on a site in the COUNTY. "Net New Eligible Employment"- the total number of new full-time jobs and respective wages reported in the Company's annual report to the County, for grant reimbursement. Net new eligible employment must have an average wage equal to or greater than 100% of the Indian River County's average wage. The eligible new jobs include new jobs hired after the effective date of the agreement above the Base Employment Level, or new jobs hired after the business' prior year annual report, which job level is above the prior year reported employment level. Job numbers and wages are adjusted to not include the business owner(s) or CEO when determining the total number of eligible new jobs, and for calculating the average wage of the new eligible jobs. -3- m. "Qualifying Job" — a new full-time equivalent job reported to the County for grant reimbursement as Net New Eligible Employment. Such jobs must be filled by people who work at the Indian River County facility identified in their approved Local Jobs Grant Program Application, as certified in the Annual Report to the County. n. "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, as include in Exhibit "C". 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. o. "Target Industry" — An industry identified under §288.106, Florida Statutes or 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 continue per the terms outlined in Section 3, unless it is terminated by the COMPANY or it is automatically terminated after one of the following has occurred (whichever occurs first): a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs in the first Annual Report following the Commencement Date; c. COMPANY failed to submit the Base Employment Level report to the County within 90 days after the effective date of the Agreement; or d. COMPANY failed to submit the required Annual Report by the applicable due date unless the Planning and Development Services Director has granted an extension. 3. Grant Eli ig bility, Payment Schedule. a. COMPANY will be eligible for total Grant in an amount of up to ($XXX,XXX). 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 Base 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: -4- Note: Example chart below, term may be less and job creation period varies Term New Jobs Job Creation Period Year -I x Jan. 1, 2025- December 31, 2025 Year -2 x Jan. 1, 2026- December 31, 2026 Year -3 x Jan. 1, 2027- December 31, 2027 (i) 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 XXX, 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 Year -1 is five (5). b. The maximum number of jobs eligible for local jobs grant funds for the term of this agreement is XXX. c. The maximum extension for the Commencement Date shall be one year. Such Commencement Date extension may be approved administratively by the County Planning and Development Services Director or his designee, provided the extension date meets the requirements of Section 3 of this Agreement. If any of the XXX eligible jobs proposed for the term of the Agreement are created after the final job creation period, those jobs shall not be eligible for Grant funds. In no case shall the total Grant exceed $XXX,XXX . (ii) Failure of COMPANY to create the stated jobs in any year during the term of the agreement 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 Base Employment Level or the total number of claimed jobs in a previous Annual Report or if COMPANY has maintained and provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, the Planning and Development Services 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 $XXX,XXX by the end of this Agreement. -5- (iii) 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. b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 1St Annual Report, COMPANY shall provide to the COUNTY Planning and Development Services Director, or his designee, an employee census report and a copy of the Quarterly Reemployment Compensation Report within 90 days after 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 in the Annual Report. 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 Planning and Development Services Director, or his designee, in a form acceptable to the Director, or his designee, showing that positions for which Grant funds are awarded, will be filled by people who work f illtime at the Indian River County Facility. The Grant eligibility determinations will cover one-year periods, with each yearly period beginning and ending as follows: Example: Note that the due dates will Coincide with the Commencement Date and the State of Florida deadlines for the RT -6 Forms (Jan 31St, April 30'', July 31St, or Oct 31St) (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 calculation methodology in Exhibit "D" of this agreement, within forty-five (45) days after the date COMPANY submits the required -6- Annual Grant Eligibility Determinations Term Jobs Creation Period Report/Determination Year -1 Jan. 1, 2025- December 31, 2025 Jan. 31, 2026 Year -2 Jan. 1, 2026- December 31, 2026 Jan. 31, 2027 Year -3 Jan. 1, 2027- December 31, 2027 Jan 31, 2028 (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 calculation methodology in Exhibit "D" of this agreement, within forty-five (45) days after the date COMPANY submits the required -6- Annual Report for grant determination, and this payment obligation shall survive the termination of this Agreement. (ii) If at the time of performance evaluation for payment as described in subsection 3.b COMPANY has not paid all due and owing 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 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. c. The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. The COUNTY will notify the COMPANY if funds are not appropriated and available for GRANT in any fiscal year. 4. Job Creation Commitment. COMPANY estimates that it will provide XXX 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 $X,XXX,XXX. The Grant award will be based on the following: Category* Amount Per Job 100% to 149.99% of Indian River County 20% of the County Average Wage Average Annual Wage of ($XX,XXX) 150% of Indian River County Average 25% of 150% County Average Wage Annual Wage (or greater) * Indian River County average annual wage category data from Florida Commerce will be utilized for the County's payment calculation methodology in Exhibit "D" 5. Wage Level Commitment. COMPANY estimates that it will pay XXX employees whose jobs are eligible for a Grant hereunder an annual wage of not less than $XX, , and will pay XXX employees an annual wage of not less than $XXXXXX. The annual average wage of the new jobs will be determined without considering 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 Planning and Development Services Director or his designee. -7- 6. Annual Job Status. COMPANY must provide the Planning and Development Services Director or his designee with the Annual Report as defined in this Agreement. As part of the Local Jobs Grant Program Annual Report Form, the COMPANY must also provide the Planning and Development Services Director certifications of the following: a. The COMPANY has maintained its target industry status as represented in the application. b. The COMPANY has maintained its operations in Indian River County as represented upon application. c. The COMPANY is current on all real and tangible personal property taxes owed to the Indian River County Tax Collector. d. The COMPANY confirms the statements of new employment and wage information provided are true and accurately reflect the Company's eligibility for Jobs Grant Payments. The first annual report is due the year after commencement and coincides with the State of Florida's Quarterly Reemployment Compensation Reports (RT -6 form) deadlines: January 31St, April 30th , July 31St, or October 31St. Annual report(s) must be submitted each year, until completion or termination of the Agreement. Starting on _(month, day, year) , the annual reports for this agreement must be submitted for Grant eligibility determination. The submittal deadline may be extended to 90 days by the Planning and Development Services Director, for good cause shown. Notwithstanding, no extension of the annual report shall exceed 90 days for any annual reporting year during the term of the Agreement. 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. 8. 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 -8- Florida. No remedy herein conferred upon any parry 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. 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. 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 -9- 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 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. Anti -Human Trafficking. COMPANY attests that it does not use coercion for labor or services as defined in F.S. 787.016 and that it will execute an Anti -Human Trafficking Affidavit in a form acceptable to the COUNTY.. 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: Planning and Development Services Director Indian River County 1801 27th Street Vero Beach, Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address): 199174 1h Ave., Suite B Vero Beach FL 32966 -10- 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. 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. 22. TERMINATION IN REGARDS TO F.S. 287.135: COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if COMPANY is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if COMPANY, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 23. E -Verify. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-veri.2ov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as -11- required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 24. Clawback Obligation; Coun Right to Recover. If, at any time within the three- year period following the final grant disbursement, a Clawback Event occurs, the COUNTY may, in its sole discretion and in addition to any other rights or remedies available under this Agreement, require COMPANY to repay to COUNTY the Grant Funds. COMPANY acknowledges that COUNTY's disbursement of Grant Funds is conditioned on COMPANY's continued operation in County and that repayment is a material obligation. COMPANY's obligations under this Section shall survive termination or expiration of this Agreement. -12- 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: Deryl Loar, Chairman ATTEST BY: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: John Titkanich, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer W. Shuler, County Attorney -13- COMPANY: IR" Typed Name WITNESS: Signature Title: -14- Title: EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & , INC COMPANY Identification and Information: Application received date: COMPANY description: PROGRAM APPLICANT NAME is a that _ And is a Target Industry identified as , COMPANY'S current mailing address: -15- EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & I. Target Industry Categories eligible for application: COMPANY qualifies for the Jobs Grant Program under the " " target industry category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category , NAICS Code XXXX. II. Employment Commitment: The COMPANY is receiving this Grant based upon its representation that it will bring the following employment opportunities to COUNTY: 1) XX # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 2) XX # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage 111. Maximum Potential Grant Amount Category Qualified Jobs Amount per Job Total 100% of county average wage 150% of county average wage Sub -Total Grant Amount *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 $x,xxx,xxx. 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. -16- Use black ink. Example A - Handwritten Example B - Typed ExampleA Ez pleB 0 1 2 3 4 5 6 7 8 9 0123456789 QUARTER ENDING DUE DATE III II VIII I II III II II VIII I II IIII II Name Mailing Address City/SUZIP Location Addre ss city/swig 1. Enter the total number of full-time and part-time 1 st Month covered workers who Y Performed services during 2nd Month or received pay for the 7 payroll period including the 12th of the month. 3rd Month Check if final return: Date operations ceased. Check it you had out-of-state wages. Attach Employer's Quarterly Report for Out -of -State Taxable Wages (RT-6NF). Exhibit "C" Florida Department of Revenue Employer's Quarterly Report Employers are required to file quarterly taxlwage reports regardless of employment activity or whether any taxes are due RT -6 Ustr Black Ink to Complete This Form R.01/15 PENALTY AFTER DATE TAX RATE FIT ACCOUNT NUMBED Do not make any changes ff you do not have an account number, you to the pre-printed are required to register (see instructions} information on this form. F.E.I. NUMBER N changes are needed, (From Line 2 above.) ■ request and complete an _ EmpfoyerAccount (From Line 9b above.) Charge Form (RTS -3). FOR OFR CIAL USE 0111Y POSTMARK DATE Reverse Side Must 00 c;1i3�i8tt��_1 ENDING MM/YY 2. Gross wages paid this quarter Preparer check (Must total all pages) ■ 3. Excess wages paid this quarter signature , (See instructions) SSN or PTIN ". • Y 4. Taxable wages paid this quarter (See instructions) 5 Tax due Firm's name Orris (Multiply Line 4 by Tax Rate) only S. Penalty due - (See instructions) • 7 3 7. Interest due Preparer's -, (See instructions) 1 7 (i. Instalment fee (See instructions) ■ 9a. Total amouddue (See instructions) ? i ■ 9b. Arnaud Endaled (See instructions) � 2 � If you are filing as a sole proprietor, is this for domestic (household) employment only? Yes No . -.-------_ DO NOT -- - . D'E'TACH .... _ .... .. Tc Rule 738-10.007 Employer's er's QuarterIY Report Payment Coupon RT -6 Florida Administrative Code R. 01/15 Effective Data 11/14 FI_�nda Uepartrn&L or Ratierlu- COMPLETE and MAIL with your REPORT/PAYMENT. Please write your RT ACCOUNT NUMBER on check. T Make check payable to: Florida U.C. Fund RT ACCOUNT NO. Title , U.S. Dollars Cents F.E.I. NUMBER _ Sign here (From Line 2 above.) ■ AMOUNT ENCLOSED (From Line 9b above.) Date Phone PAYMENT FOR QUARTER Fax ENDING MM/YY Preparer's Preparer check Preparer's Check here if you are electing to Check here if you transmitted cawrcrrno signature , if self-employed SSN or PTIN ". Paid preparers Firm's name Orris Date FEIN only if self-employec and address ZIP Preparer's , phone number . -.-------_ DO NOT -- - . D'E'TACH .... _ .... .. Tc Rule 738-10.007 Employer's er's QuarterIY Report Payment Coupon RT -6 Florida Administrative Code R. 01/15 Effective Data 11/14 FI_�nda Uepartrn&L or Ratierlu- COMPLETE and MAIL with your REPORT/PAYMENT. Please write your RT ACCOUNT NUMBER on check. T Make check payable to: Florida U.C. Fund RT ACCOUNT NO. U.S. Dollars Cents F.E.I. NUMBER _ GROSS WAGES (From Line 2 above.) ■ AMOUNT ENCLOSED (From Line 9b above.) Name PAYMENT FOR QUARTER ENDING MM/YY Mailing I Address Check here if you are electing to Check here if you transmitted cawrcrrno nav tav rima in inctalInni funri� alAr. ronirnliv III II VIII I II III II II VIII I II IIII II III Employersare Department of Revenue Employer's Quarterly Report RT -6 are required to file quarterly taxANage reports regardless of employment activity or whether any taxes are due. J R. 01/15 Use Black Ink to Complete This Form QUARTER ENDING FPTLOYER'S NAME RT ACCOUNT NUMBER 10. EMPLOYEE'S SOCIAL SECURITY NUMBER 11. EMPLOYEE'S NAME (please print first tweNe characters of last name and first; 12a. EMPLOYEE'S GROSS WAGES PAID THIS QUARTER eight d•ractem of first name in boxes) 121. EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER Onlythe fif l $1,000 paid to each ernployee per ralmdar year is taxable L DO NOT DETACH 12a. • 12b. • 12a. S • 12b. 7 • 12a. • 12b. 3 . 12a. ' • 12b. • 12a. $ • 12b. • 12a. 7 • 12b. • 12a. le 12b. • Mail Reply To: Reemployment Tax Florida Department of Revenue 5050 W Tennessee St Bldg L Tallahassee FL 32399-0180 12b. le13a. Total Gross Wages (add Lines 12a only). Total this page only. Include this and totals from additional pages in Line 2 on page 1. r 13b. Total Taxable Wages (add Lines 12b only). Total this page only. Include this and totals from additional pages in Line 4 an page 1. S ■ 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 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 and federal law. Visit our website at www.mytiorida.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. Pleas /our instructions' Quarterly Report instructions (RT-6N/RTS-3) are only mailed With new accounts or when there are changes. it you misplace your instructions, you can download them from www.myflorida.com/dor Exhibit D Jobs Grant Payment Calculation The jobs grant calculation is paid for the "net new eligible employment ", as defined in Section 1. of the agreement and claimed by the business within their annual report to the County. 1. First the County will utilize annual reporting to determine the number of net new eligible jobs. Formula: The Company's total employment in the annual report, less the base employment level reported as of the effective date of the agreement, or less the employment level reported in the prior annual report and then adjusted.* Annual Report of Total Employment - Base Employment OR Prior Annual Report of Total Employment — CEO and Owner(s) = Net New Eligible Jobs *Adjusted eligible employees are the total number of full-time jobs not including the CEO and owner(s), reported by the business in the annual report hired after the effective date, or a prior annual report submitted under the agreement. 2. County then determines the Company's average wage by calculating the average wage of the employees comprising the net new eligible employment. Formula: Sum of wages paid for net new eligible jobs _ number of net new eligible jobs = average wage. 3. The County then determines the payment category and grant amount per job. The new employee average wage is compared to the respective average wage category in the table found in Section 4 of the Agreement, which outlines the grant amount per job in that category. 4. Lastly, the County determines the total grant reimbursement with the following calculation: net new eligible jobs x grant amount per job = total grant reimbursement -19-