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HomeMy WebLinkAbout2004-096 INDIAN RIVER COUNTY JOBS GRANT AGREEMENT rff't r 3 11 1.� . p THIS AGREEMENT is made on the 20th day of April , 2004 by and between Indian River ` County, a political subdivision of the State of Florida, by and through its Board of Commissioners , hereinafter referred to as the COUNTY, and Aero Shade Technologies , a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I . D . is 65 -091675 . WITNESSETH : WHEREAS , it is the policy of the COUNTY to stimulate economic growth in Indian River County, by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County; and WHEREAS , the creation of new employment opportunities for residents of Indian River County and the increased tax revenues resulting from such business expansion or relocation within Indian River County is beneficial to the local economy; and WHEREAS , the COUNTY has determined that offering a Jobs Grant Program encourages either businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents of Indian River County ; and WHEREAS , Indian River County, through its Board of County Commissioners , has created a local Jobs Grant Program and Fund ; and WHEREAS , the COMPANY will relocate to Indian River County and expand its existing business in Indian River County to create certain new employment opportunities at a certain average annual salary level in Indian River County in accordance with the county ' s Jobs Grant Program criteria; and WHEREAS , the COMPANY has been determined to be eligible to receive a Jobs Grant by the COUNTY ; and WHEREAS , the COMPANY acknowledges that this Agreement shall be based upon proven performance of the requirements of these grant procedures ; and, WHEREAS , the COUNTY finds and declares that it is in the public interest to award a Jobs Grant to the COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows : - 1 - INDIAN RIVER COUNTY JOBS GRANT AGREEMENT rff't r 3 11 1.� . p THIS AGREEMENT is made on the 20th day of April , 2004 by and between Indian River ` County, a political subdivision of the State of Florida, by and through its Board of Commissioners , hereinafter referred to as the COUNTY, and Aero Shade Technologies , a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I . D . is 65 -091675 . WITNESSETH : WHEREAS , it is the policy of the COUNTY to stimulate economic growth in Indian River County, by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County; and WHEREAS , the creation of new employment opportunities for residents of Indian River County and the increased tax revenues resulting from such business expansion or relocation within Indian River County is beneficial to the local economy; and WHEREAS , the COUNTY has determined that offering a Jobs Grant Program encourages either businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents of Indian River County ; and WHEREAS , Indian River County, through its Board of County Commissioners , has created a local Jobs Grant Program and Fund ; and WHEREAS , the COMPANY will relocate to Indian River County and expand its existing business in Indian River County to create certain new employment opportunities at a certain average annual salary level in Indian River County in accordance with the county ' s Jobs Grant Program criteria; and WHEREAS , the COMPANY has been determined to be eligible to receive a Jobs Grant by the COUNTY ; and WHEREAS , the COMPANY acknowledges that this Agreement shall be based upon proven performance of the requirements of these grant procedures ; and, WHEREAS , the COUNTY finds and declares that it is in the public interest to award a Jobs Grant to the COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows : - 1 - 1 . Definitions . As used in this Agreement, the following terms shall mean : 1 . "Average Annual Wage" - includes salary, bonuses , and commissions . The Top Executive salary shall not be included in the average wage calculations . b . " Default" - failure to comply with the terms of the Agreement . C , "Effective Date" - shall have the meaning set forth in Paragraph 3 . A . herein. 4 . "Expansion of an existing business " - A business establishing 10 or more jobs to employ 10 or more full-time employees in the County. 5 . "Full-time Equivalent Job" - shall be defined as those positions that are scheduled for at least 35 hours per week . f. "New Business " - a business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business . g . "Indian River County Average Annual Wage " - as determined by State of Florida Department of Labor the average annual wage per job in Indian River County. 2 . Term ; Termination . This Agreement shall be effective upon the date of execution of this contract by both parties hereto , and shall automatically terminate five ( 5 ) years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY . 3 , Grant Eligibility; P!qyment Schedule . a . The COMPANY will be eligible for a Jobs Grant (hereinafter a " Grant" ) of an amount up to $ 12 , 100 , which Grant shall be payable over a five (5 ) year period as follows : Year 1 - 20% ; Year 2 - 20% ; Year 3 -20% ; Year 4 - 20% ; Year 5 - 20% . The five (5 ) year period will begin with the building of the first phase of facilities construction or the date the Company first hires employees , whichever date first occurs (the "Effective Date ") . The County shall pay $ 1 ,000 per Full-Time Equivalent Job . b . Performance Evaluation for Payment . The company ' s performance evaluation will be determined on an annual basis , by the information provided on the state ' s unemployment compensation report (UCT-6 form) as it relates to the number of new jobs created and maintained, the annual -2 - 1 . Definitions . As used in this Agreement, the following terms shall mean : 1 . "Average Annual Wage" - includes salary, bonuses , and commissions . The Top Executive salary shall not be included in the average wage calculations . b . " Default" - failure to comply with the terms of the Agreement . C , "Effective Date" - shall have the meaning set forth in Paragraph 3 . A . herein. 4 . "Expansion of an existing business " - A business establishing 10 or more jobs to employ 10 or more full-time employees in the County. 5 . "Full-time Equivalent Job" - shall be defined as those positions that are scheduled for at least 35 hours per week . f. "New Business " - a business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business . g . "Indian River County Average Annual Wage " - as determined by State of Florida Department of Labor the average annual wage per job in Indian River County. 2 . Term ; Termination . This Agreement shall be effective upon the date of execution of this contract by both parties hereto , and shall automatically terminate five ( 5 ) years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY . 3 , Grant Eligibility; P!qyment Schedule . a . The COMPANY will be eligible for a Jobs Grant (hereinafter a " Grant" ) of an amount up to $ 12 , 100 , which Grant shall be payable over a five (5 ) year period as follows : Year 1 - 20% ; Year 2 - 20% ; Year 3 -20% ; Year 4 - 20% ; Year 5 - 20% . The five (5 ) year period will begin with the building of the first phase of facilities construction or the date the Company first hires employees , whichever date first occurs (the "Effective Date ") . The County shall pay $ 1 ,000 per Full-Time Equivalent Job . b . Performance Evaluation for Payment . The company ' s performance evaluation will be determined on an annual basis , by the information provided on the state ' s unemployment compensation report (UCT-6 form) as it relates to the number of new jobs created and maintained, the annual -2 - average wage , and the percentage of new employees that are current residents of Indian River County, as stipulated in this contract. The initial payment of the Jobs Grant Funds shall be made on the first anniversary of the Effective Date of this agreement. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date . Payment of Jobs Grant Funds shall be made within forty-five (45) days after the date the COMPANY submits the last annual unemployment compensation report comprising the Annual Job Status Report (as defined in Paragraph 7) , and this payment obligation shall survive the termination of this Agreement . Notwithstanding the foregoing, should the date for filing the last annual unemployment compensation report, as described above , not coincide with the date that an eligibility determination is made , the COMPANY shall have the right to file a report , in form substantially similar to an annual unemployment compensation report, and in such event, such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45 )-day period within which payment shall be made . 4 . Relocation Commitment . As a condition precedent to and as consideration for obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to locate or expand its business operations to Indian River County for a period of at least five (5 ) years to a suitable site as described on Exhibit " A " , which is attached hereto and made a part hereof. 5 . Job Creation Commitment . As a further condition precedent to and as consideration for obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to create a minimum of 12 Full -Time Equivalent Jobs (of which 11 jobs qualify for the county ' s local job grant program) in Indian River County as more specifically set forth in Exhibit "B " , which is attached hereto and made a part hereof. The Company ' s failure to maintain its job creation commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year ; however, such forfeiture will not preclude the Company ' s receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its job creation commitment . 6 . Salary Level Commitment. As a further condition precedent to and as consideration for obtaining jobs grant funds from the COUNTY, the COMPANY agrees to pay each employee whose job is eligible for grants hereunder, an annual average salary of not less than $26,937. 00 ($ 12 . 95 per hour) , without taking into account the value of any benefits . The COMPANY shall provide written verification satisfactory to the COUNTY to such average salaries in accordance with the provisions of paragraph 7 herein below. The COMPANY ' S failure to maintain its salary level commitment for any one year will result in the forfeiture of the Grant amount for those Full-Time Equivalent Jobs where the salary commitment was not maintained which it was - 3 - average wage , and the percentage of new employees that are current residents of Indian River County, as stipulated in this contract. The initial payment of the Jobs Grant Funds shall be made on the first anniversary of the Effective Date of this agreement. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date . Payment of Jobs Grant Funds shall be made within forty-five (45) days after the date the COMPANY submits the last annual unemployment compensation report comprising the Annual Job Status Report (as defined in Paragraph 7) , and this payment obligation shall survive the termination of this Agreement . Notwithstanding the foregoing, should the date for filing the last annual unemployment compensation report, as described above , not coincide with the date that an eligibility determination is made , the COMPANY shall have the right to file a report , in form substantially similar to an annual unemployment compensation report, and in such event, such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45 )-day period within which payment shall be made . 4 . Relocation Commitment . As a condition precedent to and as consideration for obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to locate or expand its business operations to Indian River County for a period of at least five (5 ) years to a suitable site as described on Exhibit " A " , which is attached hereto and made a part hereof. 5 . Job Creation Commitment . As a further condition precedent to and as consideration for obtaining Jobs Grant Funds from the COUNTY, the COMPANY agrees to create a minimum of 12 Full -Time Equivalent Jobs (of which 11 jobs qualify for the county ' s local job grant program) in Indian River County as more specifically set forth in Exhibit "B " , which is attached hereto and made a part hereof. The Company ' s failure to maintain its job creation commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year ; however, such forfeiture will not preclude the Company ' s receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its job creation commitment . 6 . Salary Level Commitment. As a further condition precedent to and as consideration for obtaining jobs grant funds from the COUNTY, the COMPANY agrees to pay each employee whose job is eligible for grants hereunder, an annual average salary of not less than $26,937. 00 ($ 12 . 95 per hour) , without taking into account the value of any benefits . The COMPANY shall provide written verification satisfactory to the COUNTY to such average salaries in accordance with the provisions of paragraph 7 herein below. The COMPANY ' S failure to maintain its salary level commitment for any one year will result in the forfeiture of the Grant amount for those Full-Time Equivalent Jobs where the salary commitment was not maintained which it was - 3 - scheduled to receive for that year; however, such forfeiture will not preclude the Company' s receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its salary level commitment. 7 . Annual Job Status . The COMPANY must provide the COUNTY with quarterly unemployment compensation reports (Form UCT-6) of its business operations within Indian River County on State form UCT- 6 as amended which is attached hereto and made a part hereof as Exhibit "C " . The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports , but no less frequently than semi-annually. The cumulative unemployment compensation reports required to be filed for the annual period prior to each eligibility determination shall collectively comprise the Annual Job Status Report. 8 , Grant Restriction . The Jobs Grant Funds available under this Agreement will be provided only for reimbursement of expenses associated with the physical move , relocation and/or expansion of the COMPANY to Indian River County, including but not limited to corporate or company relocation expenses , infrastructure costs , leasehold improvements , company sponsored child day care facilities , rent for company facilities , lease buyouts , training expenses and other expenses approved by the COUNTY. 9 , Default; Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement . 10 , Indemnification. For ten and 0/ 100 ($ 10 . 00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its agents , servants , and employees from and against any and all claims , liabilities , losses , and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents , servants , or employees in the performance of services under this Agreement. 11 , Forum ; Venue . This Agreement shall be governed by the laws of the State of Florida . Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise . No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. -4 - scheduled to receive for that year; however, such forfeiture will not preclude the Company' s receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its salary level commitment. 7 . Annual Job Status . The COMPANY must provide the COUNTY with quarterly unemployment compensation reports (Form UCT-6) of its business operations within Indian River County on State form UCT- 6 as amended which is attached hereto and made a part hereof as Exhibit "C " . The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports , but no less frequently than semi-annually. The cumulative unemployment compensation reports required to be filed for the annual period prior to each eligibility determination shall collectively comprise the Annual Job Status Report. 8 , Grant Restriction . The Jobs Grant Funds available under this Agreement will be provided only for reimbursement of expenses associated with the physical move , relocation and/or expansion of the COMPANY to Indian River County, including but not limited to corporate or company relocation expenses , infrastructure costs , leasehold improvements , company sponsored child day care facilities , rent for company facilities , lease buyouts , training expenses and other expenses approved by the COUNTY. 9 , Default; Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement . 10 , Indemnification. For ten and 0/ 100 ($ 10 . 00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its agents , servants , and employees from and against any and all claims , liabilities , losses , and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents , servants , or employees in the performance of services under this Agreement. 11 , Forum ; Venue . This Agreement shall be governed by the laws of the State of Florida . Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise . No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. -4 - 12 . Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual , or firm, other than a bona fide employee working solely for the COMPANY, any fee , commission, percentage , gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13 , No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race , color, religion, disability, sex, age , national origin, ancestry, marital status , or sexual orientation . 14 . Attorneys' Fees . If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute , breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney' s fees , court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees , costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled . 15 . Enforceability . If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable , the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable , shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The Company ' s failure to maintain its job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the Company ' s receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment . 16 . Assignment . This Agreement may be assigned to any other persons or firm only upon obtaining the County ' s written approval . 17 . Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112 . 311 . The COMPANY further represents that no person having any interest shall be employed for said performance . - 5 - 12 . Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual , or firm, other than a bona fide employee working solely for the COMPANY, any fee , commission, percentage , gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13 , No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race , color, religion, disability, sex, age , national origin, ancestry, marital status , or sexual orientation . 14 . Attorneys' Fees . If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute , breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney' s fees , court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees , costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled . 15 . Enforceability . If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable , the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable , shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The Company ' s failure to maintain its job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the Company ' s receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment . 16 . Assignment . This Agreement may be assigned to any other persons or firm only upon obtaining the County ' s written approval . 17 . Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112 . 311 . The COMPANY further represents that no person having any interest shall be employed for said performance . - 5 - 18 . Notices . All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to : Indian River County Community Development Director 184025 1h Street Vero Beach, Florida 32960 and if sent to the COMPANY shall be mailed to (current, official address) : Aero Shade Technologies 2 l 2 t N W 51 � A ,t 1A500ij West Hanger 4#" , Ft. Lauderdale , Florida 33309 U y " ` 10 19 . Entire Agreement. The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties , and that there are no promises or understandings other than those stated herein. None of the provisions , terms and conditions contained in this Agreement may be added to , modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has made and executed this Agreement on behalf of the COUNTY and the COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS ATTEST BY : OF INDIAN RIVER COUNTY BY : Caroline D . Ginn , Chairman- BCC Jeffrey K. rton , Clerk APPROVED A``�S /TO FORM3XP,J EGAL SUFFICIENCY William G . Collins II, Counly Attorne COMPANY BY : Title : &I D I nl or Z160 . Typed Name - 6 - 18 . Notices . All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to : Indian River County Community Development Director 184025 1h Street Vero Beach, Florida 32960 and if sent to the COMPANY shall be mailed to (current, official address) : Aero Shade Technologies 2 l 2 t N W 51 � A ,t 1A500ij West Hanger 4#" , Ft. Lauderdale , Florida 33309 U y " ` 10 19 . Entire Agreement. The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties , and that there are no promises or understandings other than those stated herein. None of the provisions , terms and conditions contained in this Agreement may be added to , modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has made and executed this Agreement on behalf of the COUNTY and the COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS ATTEST BY : OF INDIAN RIVER COUNTY BY : Caroline D . Ginn , Chairman- BCC Jeffrey K. rton , Clerk APPROVED A``�S /TO FORM3XP,J EGAL SUFFICIENCY William G . Collins II, Counly Attorne COMPANY BY : Title : &I D I nl or Z160 . Typed Name - 6 - %.. • • • Seal) %.. • • • Seal) EXHIBIT " A " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECHNOLOGIES Company Identification and Information : Application date : January 20 , 2004 Company description : Aero Shade Technologies designs and manufactures aircraft parts for commercial airliners , business jets , and general aviation airplanes . The company specializes in rebuilding aircraft components . Company ' s physical address in Indian River County : Aero Shade will be relocating to a site at the Industrial Park on 102nd Terrace . The specific address will be determined at a later date . Company ' s mailing address (notify County of new address when known) : 1 , Hanger 4@ft, Ft. Lauderdale , Florida 33309 '2121 NW 6S CGT - 8 - EXHIBIT " A " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECHNOLOGIES Company Identification and Information : Application date : January 20 , 2004 Company description : Aero Shade Technologies designs and manufactures aircraft parts for commercial airliners , business jets , and general aviation airplanes . The company specializes in rebuilding aircraft components . Company ' s physical address in Indian River County : Aero Shade will be relocating to a site at the Industrial Park on 102nd Terrace . The specific address will be determined at a later date . Company ' s mailing address (notify County of new address when known) : 1 , Hanger 4@ft, Ft. Lauderdale , Florida 33309 '2121 NW 6S CGT - 8 - EXHIBIT " B " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECNOLOGIES I. Target Industry Category eligible for application : Animal Aquaculture ( SIC # 0273 ) Food and Kindred Products ( SIC # 20) Printing and Publishing ( SIC # 27) Fabricated Metal Products ( SIC # 34) Industrial and Commercial Machinery and Computer Equipment ( SIC # 35 ) _X_ Transportation Equipment (SIC # 37) Transportation Services (SIC # 47) Communications ( SIC # 48 ) Computer Programming, Data Processing, and other Computer Services (SIC # 737) Health Services (SIC # 80) Other clean light industries that have average annual wages which are above the county-wide average annual wage II. Employment Commitment : The COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County : 1 ) X New, full -time employees eligible for grant application 2) X New, full -time employees that are existing County residents 3 ) X Minimum average annual salary for new, full-time employees 4) X Average annual salary for Indian River County as determined by ES -202 Report 5 ) # of new, full -time employees whose average annual salary is 125 % of Indian River County ' s average annual salary 6) # of new, full -time employees whose average annual salary is 150% of Indian River County ' s average annual salary 7) # of new, full-time employees whose average annual salary is 175 % of Indian River County ' s average annual salary -9- EXHIBIT " B " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECNOLOGIES I. Target Industry Category eligible for application : Animal Aquaculture ( SIC # 0273 ) Food and Kindred Products ( SIC # 20) Printing and Publishing ( SIC # 27) Fabricated Metal Products ( SIC # 34) Industrial and Commercial Machinery and Computer Equipment ( SIC # 35 ) _X_ Transportation Equipment (SIC # 37) Transportation Services (SIC # 47) Communications ( SIC # 48 ) Computer Programming, Data Processing, and other Computer Services (SIC # 737) Health Services (SIC # 80) Other clean light industries that have average annual wages which are above the county-wide average annual wage II. Employment Commitment : The COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County : 1 ) X New, full -time employees eligible for grant application 2) X New, full -time employees that are existing County residents 3 ) X Minimum average annual salary for new, full-time employees 4) X Average annual salary for Indian River County as determined by ES -202 Report 5 ) # of new, full -time employees whose average annual salary is 125 % of Indian River County ' s average annual salary 6) # of new, full -time employees whose average annual salary is 150% of Indian River County ' s average annual salary 7) # of new, full-time employees whose average annual salary is 175 % of Indian River County ' s average annual salary -9- EXHIBIT " B " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECNOLOGIES Attach a copy of UCT 6 Form Grant Amount : $ 11 ,000 .00 Base Amount (11 jobs) X ($ 1 ,000 grant amount/job) # of Jobs Created Grant Amount/Job 10 - 19 $ 1 , 000 . 00 20 - 49 $ 1 ,250 . 00 50 - 99 $ 15500 . 00 100 - 149 $ 1 , 750 . 00 150 and over $29000 . 00 $ 1 , 100 . 00 Total Bonuses $ 50 or more jobs created in the county ' s targeted industries ( 10% bonus) $ X 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) $ 12 , 100 . 00 Total Jobs Grant (base amount + total bonuses) FACommunity Development\UsersTDplannr\Jobs Grant Program\Areo Shade\job grant agreement. doe - 10 - EXHIBIT " B " TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND AERO SHADE TECNOLOGIES Attach a copy of UCT 6 Form Grant Amount : $ 11 ,000 .00 Base Amount (11 jobs) X ($ 1 ,000 grant amount/job) # of Jobs Created Grant Amount/Job 10 - 19 $ 1 , 000 . 00 20 - 49 $ 1 ,250 . 00 50 - 99 $ 15500 . 00 100 - 149 $ 1 , 750 . 00 150 and over $29000 . 00 $ 1 , 100 . 00 Total Bonuses $ 50 or more jobs created in the county ' s targeted industries ( 10% bonus) $ X 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) $ 12 , 100 . 00 Total Jobs Grant (base amount + total bonuses) FACommunity Development\UsersTDplannr\Jobs Grant Program\Areo Shade\job grant agreement. doe - 10 - RESOLUTION NO . 2004 041 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA; SUPPORTING AERO SHADE TECHNOLOGIES , INC. AS A QUALIFIED APPLICANT PURSUANT TO s .288 . 106 , FLORIDA STATUTES , AND PROVIDING AN APPROPRIATION OF $ 129100 AS PART OF LOCAL JOBS GRANT PROGRAM FOR LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE . WHEREAS , the business under consideration, Aero Shade Technologies Inc . , is a manufacturing/repair facility and corporate headquarters for an aviation entity ; and WHEREAS , Aero Shade Technologies , Inc . is currently located in Broward County, Florida ; and WHEREAS , Aero Shade Technologies , Inc . is an industry targeted by the State of Florida and Indian River County for new high-wage job creation ; and WHEREAS , Aero Shade Technologies , Inc . is considering relocating its manufacturing/repair facility and corporate headquarters to Indian River County to support its existing and future client base while facilitating access to the Federal Aviation Administration office in Orlando ; and WHEREAS , Aero Shade Technologies , Inc . is also considering alternative sites in the states of Kentucky and Georgia, areas which are also offering relocation incentives ; and WHEREAS , Aero Shade Technologies, Inc . presently employs eight (8 ) employees statewide ; and WHEREAS , Aero Shade Technologies , Inc . will create up to twelve ( 12) additional full- time equivalent new jobs in Indian River County; and the average wage for the additional jobs will total 115 % of the area ' s average wage ; and 1 of 3 RESOLUTION NO . 2004 041 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA; SUPPORTING AERO SHADE TECHNOLOGIES , INC. AS A QUALIFIED APPLICANT PURSUANT TO s .288 . 106 , FLORIDA STATUTES , AND PROVIDING AN APPROPRIATION OF $ 129100 AS PART OF LOCAL JOBS GRANT PROGRAM FOR LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE . WHEREAS , the business under consideration, Aero Shade Technologies Inc . , is a manufacturing/repair facility and corporate headquarters for an aviation entity ; and WHEREAS , Aero Shade Technologies , Inc . is currently located in Broward County, Florida ; and WHEREAS , Aero Shade Technologies , Inc . is an industry targeted by the State of Florida and Indian River County for new high-wage job creation ; and WHEREAS , Aero Shade Technologies , Inc . is considering relocating its manufacturing/repair facility and corporate headquarters to Indian River County to support its existing and future client base while facilitating access to the Federal Aviation Administration office in Orlando ; and WHEREAS , Aero Shade Technologies , Inc . is also considering alternative sites in the states of Kentucky and Georgia, areas which are also offering relocation incentives ; and WHEREAS , Aero Shade Technologies, Inc . presently employs eight (8 ) employees statewide ; and WHEREAS , Aero Shade Technologies , Inc . will create up to twelve ( 12) additional full- time equivalent new jobs in Indian River County; and the average wage for the additional jobs will total 115 % of the area ' s average wage ; and 1 of 3 Y RESOLUTION NO . 2004 - 041 WHEREAS , Aero Shade Technologies Inc . has submitted an application for a grant under the State of Florida ' s Qualified Target Industry (QTI) Tax Refund Program ; and WHEREAS , the State of Florida ' s QTI grant program requires a 20% local government match to qualify Aero Shade Technologies Inc . for the state ' s QTI grant; and WHEREAS , Aero Shade has submitted an application for a local jobs grant; and WHEREAS , the Aero Shade local jobs grant application meets all applicable county requirements . NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board of County Commissioners hereby recommends to Enterprise Florida that Aero Shade Technologies , Inc . be approved as a Qualified Target Industry Business pursuant to s . 288 . 106 , Florida Statutes , and BE IT FURTHER RESOLVED that the Board of County Commissioners hereby agrees to make the necessary commitment of local financial support for Aero Shade ' s application for the Qualified Target Industry Tax Refund Program in the amount of up to $ 12 , 100 . Payment is proposed to be made in the following increments : FY 2004-05 - $2 ,4209 FY 2005 -06 - $294203 FY 2006 -07 - $21400 , FY 2007 -08 - $2 ,420, FY 2008 -09 - $2 , 420 . Monies are to be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by s . 288 . 106 , Florida Statutes . The foregoing Resolution was offered by Commissioner Macht , and second by Commissioner Adams , and being put to vote , the vote was as follows : 2 of 3 Y RESOLUTION NO . 2004 - 041 WHEREAS , Aero Shade Technologies Inc . has submitted an application for a grant under the State of Florida ' s Qualified Target Industry (QTI) Tax Refund Program ; and WHEREAS , the State of Florida ' s QTI grant program requires a 20% local government match to qualify Aero Shade Technologies Inc . for the state ' s QTI grant; and WHEREAS , Aero Shade has submitted an application for a local jobs grant; and WHEREAS , the Aero Shade local jobs grant application meets all applicable county requirements . NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board of County Commissioners hereby recommends to Enterprise Florida that Aero Shade Technologies , Inc . be approved as a Qualified Target Industry Business pursuant to s . 288 . 106 , Florida Statutes , and BE IT FURTHER RESOLVED that the Board of County Commissioners hereby agrees to make the necessary commitment of local financial support for Aero Shade ' s application for the Qualified Target Industry Tax Refund Program in the amount of up to $ 12 , 100 . Payment is proposed to be made in the following increments : FY 2004-05 - $2 ,4209 FY 2005 -06 - $294203 FY 2006 -07 - $21400 , FY 2007 -08 - $2 ,420, FY 2008 -09 - $2 , 420 . Monies are to be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by s . 288 . 106 , Florida Statutes . The foregoing Resolution was offered by Commissioner Macht , and second by Commissioner Adams , and being put to vote , the vote was as follows : 2 of 3 RESOLUTION NO. 2004- 041 Chairman Caroline D . Ginn QVe Vice -Chairman Arthur R. Neuberger Aye Commissioner Kenneth R . Macht Aye Commissioner Thomas S . Lowther —Aye Commissioner Fran B . Adams Ave The chairman thereupon declared the resolution duly passed and adopted this 20th day of App , 2004 . Date : April 20 , 2004 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY : C�ez2 �,zu�. 'C�' � . Caroline D . Ginn, Chairman ATTEST B Jeffrey K . Barton, CIer APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G . Collins II, County Attorney FACommunity Development\Users\EDplannr\Jobs Grant Program\Areo Shade\QTI RESOL- aeroshade 4 . 8 . 04 . doc 3 of 3 RESOLUTION NO. 2004- 041 Chairman Caroline D . Ginn QVe Vice -Chairman Arthur R. Neuberger Aye Commissioner Kenneth R . Macht Aye Commissioner Thomas S . Lowther —Aye Commissioner Fran B . Adams Ave The chairman thereupon declared the resolution duly passed and adopted this 20th day of App , 2004 . Date : April 20 , 2004 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY : C�ez2 �,zu�. 'C�' � . Caroline D . Ginn, Chairman ATTEST B Jeffrey K . Barton, CIer APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G . Collins II, County Attorney FACommunity Development\Users\EDplannr\Jobs Grant Program\Areo Shade\QTI RESOL- aeroshade 4 . 8 . 04 . doc 3 of 3 akA STATE OF FLORIDA -- =- (Office of the (bobernor a THE CAPITOL =° TALLAHASSEE , FLORIDA 32399-0001 i JEB BUSH www. flgov.com GOVERNOR 850-488- 7146 850 -487-0801 fax September 13 , 2004 SEP 3 0 2004 CLERI T 0 It' 81 0A Mr Jeffery K. Barton Indian River County P . O . Box 1028 Vero Beach, Florida 32960 0 ' Dear Mr Jeffery K. Barton . Regarding Indian River County' s resolution - - 2004- 041 -- Aero Shade Technologies , Inc . ' s QTI project was approved on June 16 , 2004 . Subsequently, per statute, Aero Shade Technologies, Inc . has entered into an agreement with the Office of Tourism, Trade , and Economic Development (OTTED) that specifies requirements that must be met before a QTI refund will be made . Enclosed is a Project Recap Sheet that summarizes the QTI requirements for this project . Please note the QTI Refund Schedule . It lists the State fiscal years in which Aero Shade Technologies , Inc . is eligible to receive a refund . The years listed may differ from those listed in Indian River County' s resolution. This recap sheet is offered to allow Indian River County the opportunity to make whatever adjustments may be necessary in order to maintain the availability of the local financial support required to keep this project eligible . If you or your office will not be responsible for processing and submitting the required local financial support, please forward this information to the person or office with that responsibility. In addition, please notify OTTED of the new contact ' s name, office, address , and, phone and fax numbers . Good luck with this project . I may be reached by phone, 850/487 -2568 ; fax , 850/487 -3014 ; or, e-mail , cardena@,eog . state . fl . us . Sincerely, 1. Adam Cardenac'entives Assistant EOG/OTTED 9 r\ Enclosure : Aero Shade Technologies , Inc . (ID : 03 -00319) Recap Sheet Govemor's WItai Initiative BEA MENTOR. BEA IG HELP. 1 -800-825-3786 akA STATE OF FLORIDA -- =- (Office of the (bobernor a THE CAPITOL =° TALLAHASSEE , FLORIDA 32399-0001 i JEB BUSH www. flgov.com GOVERNOR 850-488- 7146 850 -487-0801 fax September 13 , 2004 SEP 3 0 2004 CLERI T 0 It' 81 0A Mr Jeffery K. Barton Indian River County P . O . Box 1028 Vero Beach, Florida 32960 0 ' Dear Mr Jeffery K. Barton . Regarding Indian River County' s resolution - - 2004- 041 -- Aero Shade Technologies , Inc . ' s QTI project was approved on June 16 , 2004 . Subsequently, per statute, Aero Shade Technologies, Inc . has entered into an agreement with the Office of Tourism, Trade , and Economic Development (OTTED) that specifies requirements that must be met before a QTI refund will be made . Enclosed is a Project Recap Sheet that summarizes the QTI requirements for this project . Please note the QTI Refund Schedule . It lists the State fiscal years in which Aero Shade Technologies , Inc . is eligible to receive a refund . The years listed may differ from those listed in Indian River County' s resolution. This recap sheet is offered to allow Indian River County the opportunity to make whatever adjustments may be necessary in order to maintain the availability of the local financial support required to keep this project eligible . If you or your office will not be responsible for processing and submitting the required local financial support, please forward this information to the person or office with that responsibility. In addition, please notify OTTED of the new contact ' s name, office, address , and, phone and fax numbers . Good luck with this project . I may be reached by phone, 850/487 -2568 ; fax , 850/487 -3014 ; or, e-mail , cardena@,eog . state . fl . us . Sincerely, 1. Adam Cardenac'entives Assistant EOG/OTTED 9 r\ Enclosure : Aero Shade Technologies , Inc . (ID : 03 -00319) Recap Sheet Govemor's WItai Initiative BEA MENTOR. BEA IG HELP. 1 -800-825-3786 This is NOT a substitute for the QDC or QTI Agreement. It is meant solely for the administrative use of the QDC Applicant or the QTI Business and local community representatives. QTI Program : Project Recap Sheet Project ID : 03 -00319 Status : Active Basic Project Information Applicant : Aero Shade Technologies , Inc . FEID # : 65 -0914675 Sales Tax ID # : 16 -03328429- 80- 1 Unempl. Ins . ID# . 2230656 Project Name : Aircraft Sunshade Manufacturing Facility Agreement Administration Contact Information : (current) : Mr. John Manchec 1685 W, Commercial Blvd Hanger 42D Ft . Lauderdale, FL 33309 Phone : 954- 776-6682 Fax : 954-776 - 9983 Associated Affiliates, when applicable : FEID # : UI : # Applicant Tax Year : January 1 — December 31 Approval Date : June 16 , 2004 Local Community Information County : Indian River County City : Resolution # : 2004- 041 Resolution . Non-cash Support , Non-cash Support . QTI Agreement Information Execution Date : 9/9/2004 Contract # : OT04- 111 Refund Claim After : December 31 Total Required Net, New, Full-time Jobs : 12 Avg. Wage of Total Jobs : $ 31 , 000 Job Phases ; Number of Net, New Jobs (per phase) ; and Full Implementation Date Jobs Date Jobs Date Phase 1 12 12/31 /2005 Phase 4 Phase 2 Phase 5 Phase 3 Phase 6 Phase 7 QTI Refund Schedule w/Brownfield Bonus , if applicable: QTI Schedule Brownfield Bonus Schedule Fiscal Year Scheduled Amount 2006 -2007 $ 9 , 000 . 00 2007-2008 $ 99000 . 00 2008 -2009 $ 9 , 000 . 00 2009-2010 $ 99000 . 00 QTI Total : $36,000 Brownfield Total : $ NOTE : Local Financial Support (20 % of the scheduled amounts) is required unless a rural exemption or brownfield exemption has been requested and granted. The Local Financial Support may consist of ad valorem tax abatement, appraised land value, and/or cash . This is NOT a substitute for the QDC or QTI Agreement. It is meant solely for the administrative use of the QDC Applicant or the QTI Business and local community representatives. QTI Program : Project Recap Sheet Project ID : 03 -00319 Status : Active Basic Project Information Applicant : Aero Shade Technologies , Inc . FEID # : 65 -0914675 Sales Tax ID # : 16 -03328429- 80- 1 Unempl. Ins . ID# . 2230656 Project Name : Aircraft Sunshade Manufacturing Facility Agreement Administration Contact Information : (current) : Mr. John Manchec 1685 W, Commercial Blvd Hanger 42D Ft . Lauderdale, FL 33309 Phone : 954- 776-6682 Fax : 954-776 - 9983 Associated Affiliates, when applicable : FEID # : UI : # Applicant Tax Year : January 1 — December 31 Approval Date : June 16 , 2004 Local Community Information County : Indian River County City : Resolution # : 2004- 041 Resolution . Non-cash Support , Non-cash Support . QTI Agreement Information Execution Date : 9/9/2004 Contract # : OT04- 111 Refund Claim After : December 31 Total Required Net, New, Full-time Jobs : 12 Avg. Wage of Total Jobs : $ 31 , 000 Job Phases ; Number of Net, New Jobs (per phase) ; and Full Implementation Date Jobs Date Jobs Date Phase 1 12 12/31 /2005 Phase 4 Phase 2 Phase 5 Phase 3 Phase 6 Phase 7 QTI Refund Schedule w/Brownfield Bonus , if applicable: QTI Schedule Brownfield Bonus Schedule Fiscal Year Scheduled Amount 2006 -2007 $ 9 , 000 . 00 2007-2008 $ 99000 . 00 2008 -2009 $ 9 , 000 . 00 2009-2010 $ 99000 . 00 QTI Total : $36,000 Brownfield Total : $ NOTE : Local Financial Support (20 % of the scheduled amounts) is required unless a rural exemption or brownfield exemption has been requested and granted. The Local Financial Support may consist of ad valorem tax abatement, appraised land value, and/or cash .