HomeMy WebLinkAbout2007-126 200 - 121
INDIAN RIVER COUNTY JOBS GRANT AGREEMENT
THIS AGREEMENT is made on the 10`h day of April, 2007 by and between Indian River
County, a political subdivision of the State of Florida, by and through its Board of Commissioners,
hereinafter referred to as the COUNTY, and Girard Equipment, a corporation authorized to do
business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I .D.
Number is 22- 1752456 .
WITNESSETH:
WHEREAS, it is the policy of the COUNTY to stimulate economic growth in Indian River
County, by either attracting new businesses to Indian River County or by encouraging the expansion
of existing businesses within Indian River County; and
WHEREAS, the creation of new employment opportunities for residents of Indian River
County and the increased tax revenues resulting from such business expansion or relocation within
Indian River County is beneficial to the local economy; and
WHEREAS, the COUNTY has determined that offering a Jobs Grant Program encourages
either businesses to expand within or new businesses to locate in Indian River County and thereby
creates new employment opportunities for the residents of Indian River County; and
WHEREAS, Indian River County, through its Board of County Commissioners, has created
a local Jobs Grant Program and Fund; and
WHEREAS, the COMPANY, in accordance with the county' s Jobs Grant Program criteria,
will relocate to Indian River County and expand its existing business in Indian River County to
create new employment opportunities that pay at or above Indian River County' s average wage level;
and
WHEREAS, the COMPANY has been determined to be eligible to receive a Jobs Grant; and
WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon proven
performance of the requirements of these grant procedures; and,
WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Jobs
Grant to the COMPANY pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties do agree as follows :
1 . Definitions . As used in this Agreement, the following terms shall mean :
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a. "Annual Wage" - includes salary, bonuses, and commissions.
b. 'Default" - failure to comply with the terms of the Agreement.
C. "Effective Date" - shall have the meaning set forth in Paragraph 3 .A. herein.
d. 'Expansion of an existing business" - shall be defined as a business
establishing 5 or more jobs to employ 5 or more full-time employees in the
County.
e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled
for at least 35 hours per week.
f. "New Business' — shall be defined as a business establishing 5 or more jobs
to employ 5 or more full-time employees in the County within the term of the
grant, provided that such business first begins operations on a site in the
County clearly separate from any other operation owned by the same
business .
g . "Indian River County Average Annual Wage" — shall be defined as the
average annual wage per job in Indian River County as determined by State
of Florida Department of Labor.
2. Term; Termination. This Agreement shall be effective upon the date of execution of
this contract by both parties hereto, and shall automatically terminate after the
County has made the last payment to the company unless terminated earlier by the
County because of a default by the COMPANY.
3 . Grant Eligibility ; Pavment Schedule
a. The COMPANY will be eligible for a Jobs Grant (hereinafter a " Grant") of
an amount up to $6,000, plus a bonus of 20% per eligible job if the business
locates within the City of Vero Beach/Indian River County Enterprise Zone.
Said grant shall be payable over a five (5) year period as follows: Year 1 -
20% ; Year 2 - 20% ; Year 3 -20%; Year 4 - 20%; Year 5 - 20%. The five (5 )
year period will begin with the date the Company hires at least 6 qualified
employees with annual wages of at least $31 ,729 (first year), but no later than
1 year following the date that this agreement is signed by the County (the
"Effective Date") . The County shall pay $ 1 ,000 per eligible Full-Time
Equivalent Job on the percentage basis and timeline specified above, plus a
20% bonus per Full-Time Equivalent Job if Girard Equipment locates within
the City of Vero Beach/Indian River County Enterprise Zone.
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b . Performance Evaluation for Payment. The company ' s performance
evaluation will be determined on an annual basis by the information provided
on the state' s unemployment compensation report (UCT-6 form) as it relates
to the number of new jobs created and maintained, the annual average wage,
and the percentage of new employees that are current residents of Indian
River County, as stipulated in this contract. Eligibility for Jobs Grant Funds
shall be determined 1 year after the date the Company hires at least six (6)
employees meeting the minimum salary requirements specified in this
agreement (Effective Date). Eligibility determinations shall be made at each
subsequent anniversary of the Effective Date. Payment of Jobs Grant Funds
shall be made within forty-five (45) days after the date the COMPANY
submits the latest quarterly unemployment compensation report comprising
the Annual Job Status Report (as defined in Paragraph 7) , and this payment
obligation shall survive the termination of this Agreement. Notwithstanding
the foregoing, should the date for filing the last quarterly unemployment
compensation report, as described above, not coincide with the date that an
eligibility determination is made, the COMPANY shall have the right to file a
report, in form substantially similar to a quarterly unemployment
compensation report, and in such event such report shall constitute the
Annual Job Status Report, the filing of which shall begin the running of the
forty-five (45)-day period within which payment shall be made.
4 . Relocation Commitment. As a condition precedent to and as consideration for
obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to locate or
expand its business operations to a suitable site in Indian River County as described
on Exhibit "A", which is attached hereto and made a part thereof, for a period of at
least five (5) years.
5 . Job Creation Commitment. As a further condition precedent to and as consideration
for obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to create
a minimum of 6 Full-Time Equivalent Jobs (of which 6 jobs qualify for the county ' s
local job grant program) in Indian River County as more specifically set forth in
Exhibit "B " , which is attached hereto and made apart hereof. Girard Equipment, Inc .
commits to provide and maintain a minimum of 6 new local jobs grant qualifying
jobs starting in the I 't year with a minimum salary as specified in the Salary Level
Commitment (item "6" of this contract). The Company ' s failure to maintain its job
creation commitment for any one year will result in the forfeiture of the Grant
amount that it was scheduled to receive for that year; however, such forfeiture will
not preclude the Company ' s receipt of scheduled Grant amounts for subsequent years
in which it is able to maintain its job creation commitment.
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6 . Salary Level Commitment. As a further condition precedent to and as consideration
for obtaining jobs grant funds from the COUNTY, the COMPANY agrees to pay
each employee whose job is eligible for grants hereunder an annual average salary of
not less than $31 ,729.00 ($ 15 .25 per hour) without taking into account the value of
any benefits. The COMPANY shall, in accordance with the provisions of paragraph
7 herein below, provide written verification of such average salaries satisfactory to
the COUNTY. The COMPANY' S failure to maintain its salary level commitment
for any one year will result in the forfeiture of the Grant amount for those Full-Time
Equivalent Jobs where the salary commitment was not maintained for that year;
however, such forfeiture will not preclude the Company ' s receipt of scheduled Grant
amounts for subsequent years in which it is able to maintain its salary level
commitment.
7. Annual Job Status. The COMPANY must provide the COUNTY with quarterly
unemployment compensation reports (Form UCT-6) of its business operations within
Indian River County on State form UCT-6 as amended which is attached hereto and
made a part hereof as Exhibit "C". The cumulative unemployment compensation
reports required to be filed for the annual period prior to each eligibility
determination shall collectively comprise the Annual Job Status Report.
8 . Grant Restriction. The Jobs Grant Funds available under this Agreement will be
provided only for reimbursement of expenses associated with the physical move,
relocation and/or expansion of the COMPANY to Indian River County, including but
not limited to corporate or company relocation expenses, infrastructure costs,
leasehold improvements, company sponsored child day care facilities, rent for
company facilities, lease buyouts, training expenses and other expenses approved by
the COUNTY.
9 . Default; Termination. In the event that the COMPANY defaults in the performance
of its guarantees and commitments as provided for in this Agreement, the COUNTY
may, at its option, terminate this Agreement.
10. Indemnification. The COMPANY shall indemnify and save harmless and defend the
COUNTY, its agents, servants, and employees from and against any and all claims,
liabilities, losses, and/or cause of action which may arise from any negligent act or
omission of the COMPANY, its agents, servants, or employees in the performance of
services under this Agreement.
11 . Forum; Venue . This Agreement shall be governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held in
Indian River County or the Federal District Court for the Southern District of Florida.
No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition
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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.
12 . Lobbyist Certification. The COMPANY warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
the COMPANY, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the COMPANY, any fee, commission, percentage, gift,
or any other consideration contingent upon or resulting from the award or making of
this Agreement.
13 . No Discrimination Certification. The COMPANY warrants and represents thatall of
its employees are treated equally during employment without regard to race, color,
religion, disability, sex, age, national origin, ancestry, marital status, or sexual
orientation.
14. Attorneys Fees . If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as
court costs (including, without limitation, all such fees, costs and expenses incident
to appeals), incurred in that action or proceeding, in addition to any other relief to
which such parry or parties may be entitled.
15 . Enforceability. If any term or provision of this Agreement, or the application thereof
to any person or circumstances shall to any extent be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or provision, to
persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
The Company' s failure to maintain its job creation commitment or salary level
commitment for any one year will result in the forfeiture of the Grant amount it was
scheduled to receive for that year; however, such forfeiture will not preclude the
Company ' s receipt of scheduled Grant amounts for those subsequent years in which
it is able to maintain its job creation and salary level commitment.
16. Assignment. This Agreement may be assigned to any other persons or firm only
upon obtaining the County ' s written approval .
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17. Conflict of Interest. The COMPANY represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder, as provided for in Florida
Statutes 112 . 311 . The COMPANY further represents that no person having any
interest shall be employed for said performance.
18 . Notices. All notices required in this Agreement shall be sent by certified mail, return
receipt requested and if sent to the COUNTY shall be mailed to :
Indian River County Community Development Director
184025 th Street
Vero Beach, Florida 32960
and if sent to the COMPANY shall be mailed to (current, official address) :
Girard Equipment, Inc.
3301 -A Tremley Point Road, Suite 7
Linden, NJ 07036
19. Entire Agreement. The COUNTY and the COMPANY agree that this Agreement
sets forth the entire Agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Agreement may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto .
IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County,
Florida has made and executed this Agreement on behalf of the COUNTY and the COMPANY has
hereunto set its hand the day and year above written.
f .
BOARD'QP ,COUr*Ti; OMMISSIONERS
OF INDLkN1 RIVER, COUNTY
BY:
Gary C"., eeler, Chairman
ATTEST BY:'
✓� e ^�Jeffrey K.K. Barton, Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
k
William G. Collins II, County Attorney
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COMPANY
BY: Title :
Typed Name
WITNESS:: f} j
=rte`^ " Title: Vz�C�: e f �cwnr
Signature s..� �c z; << ...nfV
(Co orate Seal)
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EXHIBIT "A" TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND GIRARD EQUIPMENT, INC, (COMPANY)
Company Identification and Information :
Application date: March 13, 2007
Company description:
Girard Equipment Incorporated is a company that manufactures safety valves for the
transportation of hazardous substances (e. g. liquids and gases) . Established in 1952, the
company currently has offices in New Jersey, Illinois, and Texas.
Company' s physical address in Indian River County:
Girard Equipment, Inc . is looking at several sites for its expansion within the County . The
specific location will be determined at a later date.
Company 's mailing address (notify County of new address when known) :
3301 -A Tremley Point Road, Suite 7, Linden, NJ 07036
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EXHIBIT " B " TO THE JOBS GRANT AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND GIRARD EQUIPMENT, INC. (COMPANY)
I. Target Industry Category eligible for application :
"X Industry Description NAICS Code
Animal Aquaculture 11251
Food Manufacturing 311
Publishing Industries 511
Printing and Related Support Activities 323
X Fabricated Metal Producr, Manufacturing 332
Machinery Manufacturing 333
Computer and Electronic Product Manufacturing 334
Trans ortation E ui ment Manufacturin 336
Su ort Activities for Trans ortation Ogg
Warehousing and Storage 493
Broadcasting & Telecommunications 513
Finance & Insurance 52
Computer Systems Design and Related Services 5415
Data Processing Services 5142
Health Care & Social Assistance 62
Research and Development in Physical, Engineering, and Life Sciences 54171
Junior Colleges 6112
Colleges, Universities, and Professional Schools 6113
Business Schools and Computer Management Training 6114
Technical and Trade Schools 6115
Other clean light industries that have average annual wages which are above the
county-wide average annual wage
11. Employment Commitment:
The COMPANY is receiving this grant based upon its representation that it will bring the
following employment opportunities to Indian River County :
1 ) 6 # of new, full-time employees eligible for grant application
2) _ # of new, full-time employees that are existing County residents
3) # of new, full-time employees whose annual wage is between 125% and
149.99% of Indian River County ' s average annual wage
4) # of new, full-time employees whose annual wage is between 150% and
174 .99% of Indian River County ' s average annual wage
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5) # of new, full-time employees whose annual wage is 175% or greater of
Indian River County ' s average annual wage
III. Grant Amount
$6,000.00 Base Amount (6 jobs) X ($ 1 ,000.00 grant amount/job)
# of Jobs Created Grant Amount/Job
5 - 19 $ 1 , 000.00
20 - 49 $ 1 ,250 .00
50 - 99 $ 1 ,500.00
100 - 149 $ 1 ,750.00
150 and over $2,000 .00
$ Total Bonuses
S. TBD Located within the City of Vero Beach/Indian River County
Enterprise Zone (20% bonus)
$ 50 or more jobs created in the county ' s targeted industries
(10% bonus)
$ 75% or more of those hired are Indian River County residents
( 10% bonus)
$ Salary for qualified jobs that will be 125 % of Indian River
County average annual salary ( 10% bonus)
$ Salary for qualified jobs that will be 150% of Indian River
County average annual salary (20% bonus)
$ Salary for qualified jobs that will be 175% of Indian River
County average annual salary (25% bonus)
Total Jobs Grant (base amount + total bonuses)
$6,000.00 + $ 1 ,200 if located within the ON of Vero Beach/Indian River Countv
Enterprise Zone
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Exhibit " C " o UCT-6 Form
Florida Department of Revenue Employer's Quarterly Report
o E sA a 0 �HBe `, EmpIoyersare required tofile quarterltaK/wagerepels regardless ofemployment arNiyorwhetherany taxes are due.
L 103-3, F� 3 lernn_'D -6t;MWI� it � UCT-6
ink Example L man P Yoe
R. 01/07
QUARTER ENDING DUE DATE PENALTY AFTER DATE TAX RATE UT ACCOUNT NUMBER
Do not make any changes dyou do not have me second number you
to the pre-piloted are required to register (see Instructions).
IIIIII I III I II III II II VIII I II IIII II Ifchang s re ee loan.
If changes are needed,
request and complete FIE I. NUMBER
an fmPlaYerAccoun! l � ] d
ChanDe Form (UCS-S) I
FOR OFFICIAL USE ONLY POSTMARK DATE
US Dollars Cents
2. Gross wages paid this quarter �l (— I� (
(Muss total wages
pages)aid This
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3. Wages paid this quarter in excess of $71000 1
" (Oak to first $7000 pat to each employee par
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weakerY®r is su bleat to Ronda unempiWt Te
menx ) . ( f
4, Taxablewages for this quarter i
(Line 2 minus Line 3)
1. Enter the total number of full-time and centime covered workers who performed 5 Tax d(Multiply Line 4 by Tae Rete)
(—
sernces during or received pay for the payroll period Including the 12th of the month. Il
� I 6. Penalty due 1 — y - —
1 ;IMonth 7 1_ (See instructions- , 7CC , ICC . �
- - - � � L7. Interest due - -
2nd Month (See instructions)
8 Total amount due (Lim s . Line 6 . Line 7) - -
Make check Paya
3rd Month
If you are filing as a sole proprietor, isthis for domestic (household) employment only , J Yes I No
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S21 � c o (Fsr _ Date Phone Fax -
Prepaner's Praparercheck ( Preparers
Paid signature if self-employed SSN or PTIN
preparers Firms name (or yours ' FEIN -
only it soff-employed) _ _. -.. Date -......
and address _ . . _.... _ _ - ........ - - . -. ..._ _.....
Zip Preparers
Phone number
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ ._ _ _ _ _ _ - . DO NOT
Employer's Quarterly Report Payment Coupon UCT-6
R. 01/07
PtondaDc-p anent of R�venue COMPLETE and MAIL with your REPORT/PAYMENT.
a� Please write your ACCOUNT NUMBER on check.
Be sure to SIGN YOUR CHECK. Y
Make check payable to'. floridaU-C Fund
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