Backup Documents 01/12/2016 Item #16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI'p L c 2
I'LL
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (�
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB 2/9/16
4. BCC Office Board of County .177-\ci
Commissioners // -Z.., \\�
5. Minutes and Records Clerk of Court's Office j k0 3.2411 /1-)
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for ad itional or missing information.
Name of Primary Staff Jace Kentner Economic Research Analyst 252-4040
Contact/ Department
Agenda Date Item was 1/12/16 Agenda Item Number 16F2
Approved by the BCC
Type of Document Basic Industry Growth Promotion Incentive Number of Original One
Attached Program Agreement Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, JAB
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/12/16 and all changes made durin e JAB
meeting have been incorporated in the attached document. The County Attorn: s cS-4
Office has reviewed the changes,if applicable.
9.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Ann P. Jennejohn
16F 2
From: Ann P. Jennejohn
Sent: Wednesday, February 10, 2016 9:23 AM
To: 'JaceKentner@colliergov.net
Subject: BIGPI Agreement w/Ferris Marketing (#16F2 BCC Meeting 1-12-16)
Attachments: Item #16F2.pdf
Hi Jace,
I've attached a copy of the Basic Industry Growth Promotion
Incentive Program Agreement w/Ferris Marketing, Inc. that
was approved by the Board January 12., 2016 for your records.
Have a great day and thank you!
AMA Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept
23 9-252-8406
1
16 F 2
BASIC INDUSTRY GROWTH PROMOTION INCENTIVE PROGRAM AGREEMENT
This Agreement for Basic Industry Growth Promotion Incentive ("BIGPI") Program
(hereinafter referred to as "Agreement") is entered into this 12th day of January, 2016, by and
between Collier County, a political subdivision of the State of Florida, through its Board of
County Commissioners (hereinafter referred to as the "County"), and Ferris Marketing, Inc.
(hereinafter referred to as "Ferris Marketing").
RECITALS:
WHEREAS, Collier County enjoys broad Home Rule Powers, which include the
authority to enter into agreements to enhance economic development within the County; and
WHEREAS, Section 125.045, Florida Statutes, expressly provides that "The governing
body of a county may expend public funds to attract and retain business enterprises, and the use
of public funds toward the achievement of such economic development goals constitutes a public
purpose. The provisions of this chapter which confer powers and duties on the governing body of
a county, including any powers not specifically prohibited by law which can be exercised by the
governing body of a county, must be liberally construed in order to effectively carry out the
purposes of this section;" and further that "it constitutes a public purpose to expend public funds
for economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private
enterprises for the expansion of businesses existing in the community or the attraction of new
businesses to the community;"and
WHEREAS, Collier County created the Basic Industry Growth Promotion Incentive
("BIGPI") Program on September 24, 2013, with revisions on January 13, 2015, the objective of
which is to advance Collier County's economy by encouraging near term job growth
opportunities for expansions and recruiting new target industry companies that might not qualify
for the State of Florida's incentive program for Qualified Target Industries(QTI) program; and
WHEREAS, Ferris Marketing has applied for this program as a financial incentive for
the inducement of confidential project "15-013," consisting of expanding the workforce of its
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16F2
international wholesale operation located at 4720 Radio Road, Naples Florida 34104 as real
property in Collier County, Florida, owned or controlled by Ferris Marketing, for the distribution
of a variety of durable goods including peripheral computer electronics denoted by North
American Industry Classification System, 2012 (NAILS) Number 4239 (hereinafter referred to
as "Project"), and creating 12 jobs within 12 months; and
WHEREAS, Ferris Marketing estimates that this Project will require it to expend
approximately $250,000 in Capital Improvements, consisting of tangible personal property and
equipment for the distribution facility; and
WHEREAS, the Board expressly finds that assistance to expand the employment
opportunities provided by this target industry business will result in substantial economic
benefits to the County, including but not limited to the creation of quality jobs and a net increase
to the County's tax base; and
WHEREAS, Collier County finds it is in the public interest to facilitate the
growth of Ferris Marketing's Targeted Industry Business expansion as defined in Section
288.106, Florida Statutes and approve Ferris Marketing as a qualified applicant to the Collier
County Basic Industry Growth Promotion Incentive Program.
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NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. The Board hereby agrees to enroll Ferris Marketing into the BIGPI Program, a
copy of which is attached hereto and incorporated into this Agreement. As adopted,the Program
and agreement provides that Five Star's demonstrated and program compliant job creation
performance would be eligible for payments corresponding to the number of jobs applied for,
plus additional per job payment eligibility up to twice the number of jobs submitted on an
September 11, 2015 Promotion Incentive Application, a copy which is attached and incorporated
into this Agreement.
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16F2
3. In consideration for such assistance, Ferris Marketing hereby accepts the benefits
and burdens set forth below. Ferris Marketing's application stipulates to the creation of 12
eligible jobs in one phase. The job creation schedule will consist of the following: 12 eligible
jobs created by January 12th, 2017, with average wages meeting or exceeding NAIC 4239
average wage of$43,635.00, for Collier County in the Official Quarterly Census of Employment
and Wages Data (QCEW) published August 14, 2015. Annual Incentive payments shall be
distinctly calculated and exclusive for each phase over a four year term, and be equivalent to the
sum of 25% of$3,000 for each job created upon verification of the eligibility of the jobs, and be
paid within 90 days of validation by the Collier County Clerk of Courts. The total four year cost
of this agreement will range from $36,000 to a not to exceed amount of$72,000 depending on
the quantity of jobs exceeding the initial application (limited to double) during the four year
term. The annual payment will not exceed 25%of the total award in any single year.
4. Should at any time over the term of this Agreement the number of qualifying jobs
be less then set forth in the payment schedule set forth above, for such payment period the
County Manager or his designee will authorize a lesser sum be paid based on the actual number
of jobs created and verified. This diminution of grant funds shall be the County's sole remedy
should Ferris Marketing not meet the scheduled job creation. Ferris Marketing understands and
agrees that there is no defined funding source for this Project, and as such these grants are
subject to annual appropriation.
5. As a precondition to payment, Ferris Marketing shall give the County, including the
Collier County Clerk of Courts, access to review its business records required to certify the
created jobs. Ferris Marketing shall be given 10 business days prior written notice of this
review. Any documents or copies of documents retained by the County that contains any
individual employee's personal identifying information that is held as evidence of the
employment and wage requirements of this contract will be confidential in accordance with
Section 288.075, Florida Statutes, for the duration of this contract.
6. Neither the payment of funds, nor this Agreement, may be transferred, assigned,
credited or otherwise conveyed without prior written approval from the County, which approval
may be freely withheld,
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16F2
Legal Matters
7. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest.
8. This Agreement constitutes the entire agreement between the parties with respect
to the matters set forth herein and supersedes and takes the place of any and all previous
representations, undertakings, and agreements between the parties relating to this transaction.
This Agreement does not constitute a lien on the property, and cannot be assigned or transferred
by Ferris Marketing without the prior written consent from the County. Nothing contained
herein shall be deemed or construed to create between or among any of the parties any joint
venture or partnership nor otherwise grant to one another the right, authority or power to bind
any other party hereto to any agreement whatsoever.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT F. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS
tTFh COLLI' COUNTY, LORIDA
By: _ _, 4 ', ! ( By: /; , / __,,/
st a5`r•' ° ' .'' 8puty Clerk ry ����c� , Chairman
Atte e_,
rs n atore-only.
Appro eu as to loon and legality:
Jenni er A. Belpedio,
Assistant County Attorney SOw, AV
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16F2
AS TO Ferris Marketing, Inc.,
Signed, sealed and
Delivered in the presence of: LI By:
Signature Rona d Ferris, CEO,
Ferris Marketing, Inc.
Printed Name
N w2,4j
Signatur; *2/111(p
Prin d Name
STATE OF FLORIDA
COUNTY OF COLLIER
na
The foregoing Agreement was acknowledged before me this 22 day of January, 2016,
by Ronald Ferris, CEO of Ferris Marketing, Inc., who is pers1lly known to me or has produced
as proof of identity.
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[NOTARIAL SEAL] ��p/,Ir�!�
Signa T �• on Taking Acknowledgment
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`' P`°;=_: YAUSSY GONZALEZ
mei *( MY COMMISSION#FF108472
''•-?or"ne' EXPIRES April 1, 2018
(407)398-0153 FloridallotaryService.c•m
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