Agenda 02/27/2018 Item #16F 3Proposed Agenda Changes
Board of County Commissioners Meeting
February 27, 2018
Withdraw Item 6A: Public Petition request from Ms. Melanie Mercurio requesting that the
Board of County Commissioners pass an ordinance that prohibits the retail sale of dogs and cats
unless those animals come from 501 (c)(3) rescue groups, Domestic Animal Services Division, or
The Humane Society of Naples. (Petitioner’s request)
Continue Item 11C to the March 13, 2018 BCC Meeting: Recommendation to advertise a
Resolution expanding the Collier County Water- Sewer District’s Service Area to coincide
with the area permitted by Chapter 2003- 353, Laws of Florida. (Staff’s request)
Withdraw Item 16F1: Recommendation to approve Tourist Development Tax funding and an
Exemption of Competition for website services with Miles Partnership, LLP, in the annual
amount of $300,000, authorize the Chairman to execute the attached contract, and make a finding
that this expenditure promotes tourism. (Staff’s request)
Continue Item 16F3 to the March 13, 2018 BCC Meeting:
Recommendation to approve the first amendment to the Business
Location Inducement Grant with Position Logic, LLC, which
clarifies tax payment requirements. (Commissioner Taylor’s
request)
2/28/2018 8:28 AM
02/27/2018
EXECUTIVE SUMMARY
Recommendation to approve the first amendment to the Business Location Inducement Grant with
Position Logic, LLC, which clarifies tax payment requirements.
OBJECTIVE: That the Board of County Commissioners (Board) approve the first amendment to the
Agreement for Business Location Inducement Grant between Collier County, Florida and Position Logic,
LLC.
CONSIDERATIONS: On February 27, 2015, the Board approved its Business Location Inducement
Grant with Position Logic LLC to support the diversification of Collier County’s economy and growth in
high technology jobs for Collier citizens by securing the retention and expansion of Position Logic at a
Collier County site. Position Logic provides business solutions that address the areas of enterprise asset
management, in-house GPS asset tracking solutions, hosted GPS tracking, location-based security
solutions, and professional consulting services.
Numbered paragraphs 2 and 4 of the Business Location Inducement Grant Agreement, respectively,
requires Position Logic to remain “current on all local tax liabilities” and “pay its tax bill in full to the Tax
Collector’s Office annually, on or before the date it is due.” Paragraph 4 provides that the failure to pay
such tax bill is a substantial breach that results in an automatic termination of the grant agreement.
Position Logic failed to pay a $30 local business license tax in the initial year of the agreement, fiscal year
2015; and there is no provision in place for paying a business license tax in arrears. Although all persons
engaging in or managing any business, profession or occupation is required by County Ordinance No. 07-
51 and Florida Statutes Chapter 205 to pay the applicable local business tax, it was not the intent of the
parties that this nominal dollar omission terminate the agreement.
Staff recommends that the agreement be amended to clarify the reference to local tax liabilities and “tax
bill” to refer to “ad valorem and personal property taxes:” (1) which is more in line with the parties’
original intent, (2) since the payment of the local business tax receipt is neither a requirement or
condition for participating in this grant program; and, (3) aside from the failure to pay the $30 business
license tax, Position Logic has otherwise complied with the terms of the agreement. The expanded
location resulting from this grant has contributed 57 high technology jobs for Collier Citizens and
continues to expand.
FISCAL IMPACT: The Board agreed to assist Position Logic with this project by providing a Business
Inducement Grant paid in four equal annual installments of $29,400 commencing with the first
anniversary of the issuance of the Certificate of Occupancy, August 11, 2016, for the facility, and will
continue each year thereafter until the full grant amount of $117,600 is paid. No funds have yet been paid
to Position Logic. Funding is provided in the Economic Development Incentives budget (001- 138763).
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan, which states: “Collier County will support
programs that are designed to promote and encourage the recruitment of new industry, as well as the
expansion and retention of existing industries to diversify the County’s economic base.”
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. - JAB
RECOMMENDATION: Recommendation to approve the First Amendment to the Business Location
Inducement Grant with Position Logic, LLC, which clarifies tax payment requirements, and authorize the
Chairman to sign the attached amendment.
Prepared by: Jace Kentner, Director, Office of Business & Economic Development
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ATTACHMENT(S)
1. First Amendment to Agreement for Business Locatio (PDF)
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02/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 4901
Item Summary: Recommendation to approve the first amendment to the Business Location
Inducement Grant with Position Logic, LLC, which clarifies tax payment requirements.
Meeting Date: 02/27/2018
Prepared by:
Title: Administrative Assistant – Business and Economic Development
Name: Jennifer Leslie
02/20/2018 3:33 PM
Submitted by:
Title: Director – Business and Economic Development
Name: Jace Kentner
02/20/2018 3:33 PM
Approved By:
Review:
Business and Economic Development Jace Kentner Additional Reviewer Completed 02/20/2018 3:38 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/20/2018 5:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 5:03 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 02/21/2018 8:59 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/21/2018 11:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM
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Packet Pg. 1482 Attachment: First Amendment to Agreement for Business Locatio (4901 : Business Location Inducement Grant with Position Logic)
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Packet Pg. 1489 Attachment: First Amendment to Agreement for Business Locatio (4901 : Business Location Inducement Grant with Position Logic)