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Agenda 01/24/2012 Item #16A 71/24/2012 Item 16.A.7. NNNP74U Recommendation to approve a Job Creation Investment Program Agreement and an Advanced Broadband Infrastructure Investment Program Agreement with Florida Specialties LLC, consistent with the provisions of the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and the company's approved incentive xpplicatkML.(Fiscal Impact: $18,333 — Fiscal Year 2012) OBJECTIVE: Approval of a Job Creation Investment Program Agreement and an Advanced Broadband Infrastructure Investment Program Agreement with Florida Specialties LLC (Florida Specialties), consistent with the provisions of Chapter 49 of the Collier County Code of Laws and Ordinances (Code) and the company's approved incentive application. CONSIDERATIONS: The Economic Incentive Programs, established by Collier County, are intended to: (1) Provide performance -based programs offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising development costs; (2) Provide for the economic well Ming of Collier County residents by providing high -wage employment opportunities in Collier County; (3) Lessen the seasonal cycle of Collier County's economy; and (4) Encourage investment opportunities for new or existing companies thus increasing and diversifying the county's tax base. Collier County currently offers six local incentive programs. These programs are Fee Payment Assistance, Property Tax Stimulus, Job Creation Investment, Advanced Broadband Infrastructure Investment, Job Retention Investment and the Fast Track Regulatory Process Program. In order to qualify to participate in the programs a new or expanding business must meet specified criteria related to the type of industry proposed, number of jobs created and/or retained and the average wage of the new and/or retained jobs. The individual programs have been adopted by the Board of County of County Commissioners (Board) and are codified in Chapter 49 of the Code. The current Fast Track Regulatory Process Program was adopted by the Board on January 24, 2006, via Resolution No. 2006 -12. On March 12, 2010; Florida Specialties submitted an application to be considered for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program for new jobs being created related to the business expansion of a company in Immokalee, within the Immokalee Enterprise Zone and Rural Area of Critical Economic Concern (RACEC). The project included an expansion within an existing facility which serves as the company's corporate headquarters. The application was approved by the Board on April 13, 2010. The company proposed to create 25 new jobs at 50% ($19,642), or greater, of the then - current Collier County private- sector average wage ($39,285), with all jobs estimated to be in place by September 30, 2012. The job creation payout timeline was scheduled to commence in Fiscal Year 2011. However, it was determined that a physical expansion of the facility was needed, and Packet Page -1360- 1/24/2012 Item 16.A.7. Florida Specialties submitted plans to build a new facility to handle the increased volume and serve additional clients. Based on the expedited review and construction schedule, which was provided to the Board on May 25, 2010, the time frame for creation of the new jobs was shifted by one year. The new facility received its Certificate of Occupancy in February 2011. Florida Specialties has operated for over 20 years in Immokalee with a mission "to become the label known for quality throughout the fresh produce industry." Despite exceptional circumstances, such as a hard freeze in December 2010, which severely damaged crops, Florida Specialties has created over 140 new positions companywide, consisting of full -time, part-time and seasonal workers and have exceeded their overall job creation goals. Florida Specialties is eligible for $3,000 per new job created for a total of $75,000 in the Job Creation Investment Program to be paid over three years after the jobs are in place. In the Broadband Infrastructure Investment Program the company is eligible for $25,000 of funds to be paid in equal amounts per year over three years, for a total of $100,000 in potential incentive payments. FISCAL IMPACT: Florida Specialties is eligible for the first payment of Job Creation ($10,000) and Broadband Infrastructure Investment Funds ($8,333) in the total amount of $18,333 in Fiscal Year 2012. This amount has been included as part of the approved budget for the local Economic Incentive Programs (Fund 00 1) for Fiscal Year 2012. Florida Specialties originally proposed, and the Board approved, participation in the Job Creation Investment Program for up to 25 employees. Each of the local Economic Incentive Programs is subject to the availability of annual funding, which is reflected in the Agreement prepared by the County Attorney's Office for . Board consideration and approval. Provided that Florida Specialties continues to meet the eligibility requirements for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program, and there is sufficient funding available, the remaining incentive payments are scheduled to be disbursed in Fiscal Years 2013, 2014, 2015 and 2016. Future payments will be disbursed only after the jobs are re- verified and audited for compliance with the Program requirements. A schedule of potential disbursements. is included as an attachment. GROWTH AXANA MEN,T LWACT: 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 which are designed to promote and encourage -the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: The County Attorney worked with staff in the drafting of these Agreements, which are legally sufficient for Board action. A majority vote is required. - JAK RECOMMENDATION: That the Board of County Commissioners approves, and authorizes the Chairman to sign, a Job Creation .Investment Program Agreement and an Advanced Broadband Infrastructure Investment Program Agreement with Florida Specialties LLC., Packet Page -161 1/24/2012 Item 16.A.7. ^ consistent with the provisions of the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and the company's approved incentive application. Prepared by: Beth Sterchi, Project Manager Growth Management Division — Planning and Regulation Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division — Planning and Regulation Attachments: 1) Proposed Agreements 2) Potential Disbursements 3) Supplemental Information — April 13, 2010, Item 16A(6) 4) Supplemental Information — May 25, 2010, Item 16A(13) Packet Page -1362- 1/24/2012 Item 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7. Item Summary: Recommendation to approve a Job Creation Investment Program Agreement and an Advanced Broadband Infrastructure Investment Program Agreement with Florida Specialties LLC, consistent with the provisions of the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and the company's approved incentive application. (Fiscal Impact: $18,333 - Fiscal Year 2012) Meeting Date: 1/24/2012 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 1/3/2012 3:16:36 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 1/4/2012 8:46:47 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 1/4/2012 2:14:13 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/11/2012 10:21:14 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/11/2012 4:36:38 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/13/2012 8:26:06 AM Name: OchsLeo Packet Page -1363- ^ Title: County Manager Date: 1/14/2012 3:36:39 PM Packet Page -1364- 1/24/2012 Item 16.A.7. Prepared by: Jeffrey A. Matzkow County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 This space for recording 1/24/2012 Item 16.A.7. JOB CREATION INVESTMENT PROGRAM AGREEMENT This Job Creation Investment Program Agreement ( "Agreement ") is entered into this day of , 2012, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Florida Specialties, LCC, hereinafter referred to as "Employer." RECITALS: WHEREAS, on November 18, 2003, The Board of County Commissioners ( "Board ") enacted Collier County Ordinance No. 2003 -60, commonly referred to as the Collier County Job Creation Investment Program Ordinance, codified as Article III of Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as either the "Program;" and WHEREAS, the Program provides that its purposes "are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifying the County's tax base;" and WHEREAS, to be considered eligible for approval under this Program, a business or project must meet certain stated criteria, including being located in Immokalee Rural Federal Enterprise Community and meets the eligible requirements to participate in the Job Creation Investment program by creating a minimum of five new full -time jobs with an average wage equal to or greater than 50% of the County's then- current, private sector average wage ($19,642); and WHEREAS, Employer submitted an application to be considered for the Program for an expansion Project creating 25 new jobs, paying $19,650, which is slightly more than 50% of the 2010 average wage to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein. A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office. Employer is proposing to create 25 new, qualifying jobs; and 1 Packet Page -1365- 1/24/2012 Item 16.A.7. WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complied with the requirements for the Job Creation Investment Program as set forth in the Ordinance; and WHEREAS, at its April 13, 2010, regular public meeting the Board, having reviewed the application as well as the findings of the County Manager and staff, and following public comment on this matter (1) found that Employer meets the requirements for the Program as outlined and set forth in the Ordinance, and (2) directed staff to prepare this Agreement for its review. 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 Employer into the Collier County Job Creation Investment Program under the terms and conditions set forth below to assist Employer in the expansion project. 3. In consideration for such assistance, Employer hereby accepts the benefits and burdens set forth below and in Ordinance 2003 -60, as amended. Should this Agreement conflict with Ordinance No. 2003 -60, the parties agree that the terms of the Ordinance shall prevail. 4. Employer intends to create 25 new, qualifying jobs. 5. Employer is hereby awarded a grant in the sum of $75,000, representing $3,000 per new full time job created, to be paid in phases over a three -year time period after the creation of the jobs. FY 2012 $10,000 First payment FY 2013 $20,000 Second payment First payment FY 2014 $25,000 Third payment Second Payment First Payment FY 2015 $15,000 Third Payment Second Payment FY 2016 $ 5,000 Third Payment Phase 1— 10 j obs Phase 1 — 10 jobs Phase 2— 10 j obs Phase 1 — 10 jobs Phase 2— 10 jobs Phase 3 — 5 jobs Phase 2 — 10 jobs Phase 3 — 5 Jobs Phase 3 — 5 jobs 6. Should at any time over the term of this Agreement the number of qualifying jobs is 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, provided that the actual number meets or exceeds the minimum number of qualifying jobs set forth in the Ordinance. 2 Packet Page -1366- 1/24/2012 Item 16.A.7. This diminution of grant funds shall be the County's sole remedy should Employer not meet the scheduled job creation. Employer understands and agrees that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 7. As a precondition to payment, Employer shall give the County reviewer full access to its business records and business premises as required to certify the created jobs. Employer shall be given 10 business days prior written notice of this review. 8. 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. 9. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by Employer. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN Recommend Approval: Nick Casalanguida Deputy Administrator Growth Management Division 3 Packet Page -1367- AS TO EMPLOYER Signed, sealed and delivered in the presence of. Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER Print name and title 1/24/2012 Item 16.A.7. The foregoing Agreement was acknowledged before me this day of , 2012, by , as of Florida Specialties, LCC, who is personally known to me or has produced as proof of identity. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment 4 Packet Page -1368- 1/24/2012 Item 16.A.7. EXHIBIT "A" Legal Description 601 East Main Street Immokalee, FL 34142 LOTS 1, 2,3 AND 4, BLOCK 2, EASTOVER SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOT 5, BLOCK 2, OF EASTOVER, A SUBDMSION IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS PER PLAT OF COLLIER COUNTY, FLORIDA. A PORTION OF EASTOVER SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Packet Page -1369- Prepared by: Jeffrey A. Kiatzkow County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 This space for recording 1/24/2012 Item 16.A.7. ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AGREEMENT This Advanced Broadband Infrastructure Investment Program Agreement ( "Agreement ") is entered into this day of , 2012, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Florida Specialties, LLC, hereinafter referred to an "Employer." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Advanced Broadband Infrastructure Investment Program Ordinance, Ordinance No. 2005 -56, as amended. RECITALS: WHEREAS, on November 1, 2005, The Board of County Commissioners ( "Board ") enacted Collier County Ordinance No. 2005 -56, commonly referred to as the Collier County Advanced Broadband Infrastructure Investment Program Ordinance, codified as Article V of Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance;" and WHEREAS, the Ordinance provides that its purposes are to: "(1) Establish an advanced broadband infrastructure investment program for the purpose of enhancing Collier County's economic diversification efforts; (2) Provide for the economic well being of Collier County residents by providing better opportunities for high -wage employment in Collier County; (3) Lessen the seasonal cycle of Collier County's economy; and (4) Encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base;" and WHEREAS, to be considered eligible for approval under this Program, a business or project must meet certain stated criteria, including that the business or project is located within Immokalee Rural Federal Enterprise Community creating a minimum of five new full -time jobs Packet Page -1370- 1/24/2012 Item 16.A.7. with an average wage equal to or greater than 50% of the County's current private sector average � wage ($19,359); and WHEREAS, Employer submitted an application to be considered for the Program for a project involving an expansion of their existing Corporate Headquarters creating 25 new jobs, paying $19,650, which is slightly more than 50% of the 2010 average wage, to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein (which parcel is hereinafter referred to as the "Property"). A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office; and WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complied with the requirements for the as outlined and set forth in the Collier County Advanced Broadband Infrastructure Investment Program Ordinance; and WHEREAS, at its April 13, 2010, regular public meeting the Board, having reviewed the application as well as the findings of the County Manager and staff, and following public comment on this matter (1) found that Employer meets the requirements for the Program as outlined and set forth in the Ordinance, and (2) directed staff to prepare this Agreement for its review. 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 Employer into the Collier County Advanced Broadband Infrastructure Investment Program under the terms and conditions set forth below to assist Employer in expanding its existing Collier County business located in The Immokalee Rural Federal Enterprise Community in Collier County. 3. In consideration for such assistance, Employer hereby accepts the benefits and burdens set forth below and in Ordinance 2005 -56, as amended. Should this Agreement conflict with Ordinance No. 2005 -56, the parties agree that the terms of the Ordinance shall prevail. 4. This Agreement will commence upon its execution by the County, and will terminate with the final Program payment to Employer. Employer must be fully compliant with its initial Program eligibility throughout the term of this Agreement. `A Packet Page -1371- 1/24/2012 Item 16.A.7. 5. The total value of payments to be approved under this Agreement will be the cost of the approved business project's system installation or upgrade, up to a maximum of $25,000.00. The funds will be paid in equal installments over a three -year time period, at the beginning of each fiscal year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the County Manager or his designee. This award is subject to funding availability for each fiscal year. 6. Employer will notify the County Manager or his designee, in writing, once the broadband infrastructure . installation is complete. The County Manager or his designee will verify project completeness and obtain a copy of all invoices detailing costs related to such project. Employer will pay, or have already paid, its tax bill in full to the Collier County Tax Collector's Office annually on or before the date it is finally due. Under this program, applicants are not eligible to pay their taxes on an installment basis. Employer will then submit a copy of their ad valorem tax payment receipt to the County Manager or his designee, verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this Program. Upon receipt, and verification of compliance with the terms of the Ordinance and this Agreement, payment to the applicant will be authorized within 60 days. 7. If the property which is subject to this Agreement is delinquent in the payment of its annual taxes or special assessments at any time .within the payment period, then any outstanding balance to be paid will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. 8. An annual review and audit of performance under this Agreement shall be performed by the County Manager or his designee to determine whether there has been good faith compliance with the terms of this Agreement. Employer shall give the County auditor full access to its business records and business premises as required to certify the created jobs. Employer understands that it must maintain the minimum number of qualifying jobs set forth in the Ordinance over the entire term of this Agreement. If the County Manager or his designee finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Employer shall be given 10 business days prior written notice of any review and audit. In addition to an annual audit, within 10 business days from the County's written request, Employer will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. 3 Packet Page -1372- 1/24/2012 Item 16.A.7. 9. Neither the payment of funds, nor this Agreement, may be transferred, assigned, ell-N, credited or otherwise conveyed without prior written approval from the County, which approval may be freely withheld. This Agreement will run with the land. 10. In the event Employer is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to Employer, the Board may bring a civil action to enforce this Agreement or declare that the grant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing this Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. By way of example and not as a limitation, this Agreement will be in substantial breach upon the following events: (1) any change in the status of the business or project such that it no longer meets the required Program criteria, including maintaining the minimum number of qualifying jobs; (2) failure to fully comply with all reasonable requests during any County audit conducted pursuant to this Agreement; and (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application. 11. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by Employer. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk go , Deputy Clerk form and legal %uf#fiAivp' J BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Recommend Approval: Nick Casalanguida Deputy Administrator Growth Management Division 4 Packet Page -1373- AS TO EMPLOYER Signed, sealed and delivered in the presence of: Signature Printed Name Signature. Printed Name STATE OF FLORIDA COUNTY OF COLLIER Print name and title 1/24/2012 Item 16.A.7. The foregoing Agreement was acknowledged before me this , 2012, by , as Specialties, LCC, who is personally known to me or as proof of identity. [NOTARIAL SEAL] day of of Florida has produced Signature of Person Taking Acknowledgment 5 Packet Page -1374- 1/24/2012 Item 16.A.7. EXHIBIT "A" Legal Description 601 East Main Street Immokalee, FL 34142 LOTS 1, 2, 3 AND 4, BLOCK 2, EASTOVER SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOT 5, BLOCK 2, OF EASTOVER, A SUBDIVISION IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS PER PLAT OF COLLIER COUNTY, FLORIDA. A PORTION OF EASTOVER SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS; Packet Page -1375- 1/24/2012 Item 16.A.7 Florida Specialties, LLC Potential Incentive Disbursements by Fiscal Year (Based on the creation of 25 new, qualifying jobs) Fiscal Year Amount Program FY 2012 $18,333 Job Creation $10,000 Broadband $ 8,333 FY 2013 $28,333 Job Creation $20,000 Broadband $ 8,333 FY 2014 $33,334 Job Creation $25,000 Broadband $ 8,334 FY 2015 $15,000 Job Creation $15,000 FY 2016 $5,0000 Job Creation $ 5,000 Total $100,000 Packet Page -1376- 1/24/2012 Item 16.A.7. Page 1 of 19 EXECUTIVE SUMMARY ^ Recommendation to approve the application by Florida Specialties, LLC for the Job Creation Investment Program and the Broadband Infrastructure Investment Program OBJECTIVE: That the Board of County Commissioners approves the application by Florida Specialties, LLC for the Job Creation Investment Program and the Broadband Infrastructure Investment Program. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners (Board) adopted Ordinance No. 2003 -59, which established the Advanced Broadband Infrastructure Investment Program and Ordinance No. 2003 -60, which established the Job Creation Investment Program. These programs are available to targeted high -wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full -time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. Companies that are locating or expanding in the Immokalee Rural Federal Enterprise Community must meet the following eligibility requirements to participate in the Job Creation Investment Program and the Broadband Infrastructure Investment Program: 1. Create a minimum of 5 full -time jobs 2. Such new jobs must pay an average wage equal to or greater than 50% of the County's current ^ private sector average wage. On March 12, 2010, Florida Specialties, LLC submitted an application to be considered for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. Located in Immokalee, within the Immokalee Enterprise Zone and Rural Area of Critical Economic Concern (RACEC), the project involves the expansion of an existing company, including capital investment in new equipment that will be used to package a nationwide fresh produce product. The location also serves as the company's corporate headquarters. Florida Specialties, LLC has operated for over 20 years in Immokalee with a mission "to become the label known for quality throughout the fresh produce industry." The company is currently owned by full -time residents of Collier County. Through the expansion project, the company proposes to create twenty -five (25) new jobs in Immokalee over a three -year period, with all jobs in place by September 30, 2012. The proposed average wage for the new employees is $19,650 which is just slightly more than 50% of the 2010 Collier County average wage. Based on Florida Specialties, LLC commitment to create 25 jobs, the company is eligible for $75,000 in Job Creation funds to be paid over three years after the jobs have been created and verified. The company is also requesting to participate in the Advanced Broadband Infrastructure Investment Program which provides up to $25,000, paid over a three -year period, for installation of broadband infrastructure. In addition to the wage information above, Florida Specialties, LLC has also provided information related to the benefits provided to employees. The annualized average value of the benefits for each new job is approximately $2,500. The benefit package includes vacation and sick leave. Packet Page -1377- 1/24/2012 Item 16.A.7. Pay29f19 During the review of this application, one additional issue was identified by the applicant. lorida Specialties, LLC is considering utilizing a professional employer organization (PEO) for payroll and human resources support. This type of company affiliation typically establishes a co- employment relationship with the PEO responsible for the payroll, workers' compensation claims, employee benefits, etc. while the company (client of the PEO) remains in charge of the daily work and activities, timekeeping and payroll fund transfers. Staff from the Economic Development Council (EDC) conferred with representatives from Enterprise Florida, Inc. (EFI) to determine if the use of a PEO would preclude a company from receiving incentives offered by the State of Florida. EFI is a public - private partnership and is the primary economic development organization for the State of Florida. EFI provided the following guidance: "...we spoke about your plan of using a PEO for payroll in regards to your new hires and current expansion plans. If you are able to qualms for incentives this will not affect your package as long as your new employees are considered full time workers of your company with no predetermined term of employment specified at hiring. " Because this is an issue that has not been raised under these programs, the County Attorney and County staff felt that it was appropriate to provide the information as well as EFI's opinion to the Board. The local Economic Incentive Programs are performance based. The participating companies must meet specific requirements including jobs created, wage criteria, etc., in order to maintain eligibility to receive funds. FISCAL IMPACT: Job Creation Investment ProLyram: The applicant is eligible for $3,000 per newly created job, for a total of $75,000, to be paid over 3 years after the jobs are in place. All jobs are estimated to n be created by September 30, 2012. Job Creation payments will be paid in the fiscal year following the date the newly created jobs are verified to be in place. Due to the phased implementation of the new jobs, the following is the proposed schedule, by fiscal year, displaying when the Job Creation payments would occur (assuming that all jobs are created and validated): Fiscal Year Potential Amount of Basis of Payment Payment FY 2011 $10,000 First Payment Phase I — 10 jobs FY 2012 $20,000 Second Payment Phase I —10 jobs First Payment Phase II —10 jobs FY 2013 $25,000 Third Payment Phase I —10 jobs Second Payment Phase H — 10 jobs First Payment Phase III — 5 jobs FY 2014 $15,000 Third Payment Phase II —10 jobs Second Payment Phase III — 5 jobs FY 2015 $5,000 Third Payment Phase III — 5 jobs Total $75,000 25 jobs Advanced Broadband Infrastructure Investment Program: The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year, per facility, over three years. Following the installation of the system, the participating company may Packet Page -1378- 1/24/2012 Item 16.A.7. y.... . Page 3 of 19 request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the requests. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior n to a request for payment. Reimbursements of qualifying costs paid by the County through the Program may never exceed the actual costs of the installation and/or required equipment and the maximum incentive award for this Program is $25,000. The funding for this Program does not provide payments or reimbursements for service costs. The adopted budget for the local Economic Incentive Programs for Fiscal Year 2010 is $75,000, however, the incentive payments related to this request will not be eligible for disbursement until FY 2011 based on the timing for the creation of the new jobs. Therefore, the first payments related to these requests will be paid no sooner than Fiscal Year 2011, and are subject to 1) the availability of annual program funding; 2) execution of a Agreement, approved by the County Attorney and the Board, for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program in accordance with the requirements of each Program; 3) verification of job creation and fulfillment by citizens or legal residents of the United States; and 4) payment in full of the ad valorem taxes for the subject property. The following chart provides the current commitments for approved applicants related to the local Economic Incentive Programs and the funding request from Florida Specialties, LLC per fiscal year: Fiscal Year 2010 2011 2012 2013 2014 -2020 Commitments — $73,667 $46,666 $10,000 $ TBD $ TBD applicants with approved agreements Commitments- N/A — budget $ 122,430 $72,427 $132,430 $270,998 applicants covers only approved but still executed require approved agreements and executed agreements "Florida $0 $10,000 $28,300 $33,300 $38,400 Specialties" request TOTAL $73,667 $179,096 $110,727 $165,730 $309,398 The dollar amounts under both of the "Commitments" rows above are subject to change after FY 2011 based on any new agreements that are executed between approved Program applicants and Collier County. Therefore, after an agreement is executed the associated dollar amounts of the potential incentive awards would be removed from the "Commitments" row for "approved applicants that require approved and executed agreements" added to the "Commitments" row for "applicants with approved agreements" for each applicable future fiscal year. Likewise, any future approvals for companies to participate in the local incentive programs would have the associated incentive dollar value added to the "Commitments" row for "approved applicants that require approved and executed agreements" until such time that the status changes. Funding for the local economic incentive programs is provided by the General Fund (001). As stated n above, the FY 2010 approved budget only provided funding for those applicants with executed agreements. All of the financial information related to the local incentive programs is reviewed annually Packet Page -1379- 1/24/2012 Item 16.A.7. as part of the budget preparation in order to accurately provide a recommended funding leve ?gf�or the 9 programs. If the Board elects to approve this application by Florida Specialties, LLC, information pertaining to funding for the requested incentives would also be included for consideration when determining the appropriate level of funding for the incentive programs in FY 2011. The Impact Fee Administration section of Community Development and Environmental Services Division, in coordination with the staff from the Economic Development Council of Collier County (EDC), is responsible for job verification as well as monitoring program compliance. 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 which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: Awards under these Programs are discretionary with the Board. The Board may reasonably determine that this proposal meets the intent of the Economic Incentive Program. - JAK RECOMMENDATION: That the Board of County Commissioners approve the application by Florida Specialties, LLC for the Job Creation Investment Program and the Broadband Infrastructure Investment Program. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, CDES Packet Page -1380- Item Number: Item Summary: Meeting Date: 1/24/2012 Item 16.A.7. Page 5 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to approve the application by Florida Specialties, LLC for the Job Creation Investment Program and the Broadband Infrastructure Investment Program. 4/13/2010 9:00:00 AM Prepared By Amy Patterson Manager - Impact Fees & EDC Date Community Development & Environmental Services Business Management & Budget Office 3/1912010 1:26:12 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 3/22/2010 12:02 PM Approved By Jeff Klatzkow County Attorney Date 3/22/2010 3:57 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 3/31/2010 8:25 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 4/112010 9:04 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 4/5/2010 3:59 PM Packet Page -1381- vi 1/24/2012 Item 16.A.7. of 19 ECONOMIC DE-vELOP NiFi-N T Economic Stimutus Program RecommendaWn Form fior Florida SperiAlties, LLC Warne of BUS-6WSS 1. Economic Stimulus Programs: Broadband ';.Infrastructure .In-vestMent Q Fas1t, TrackParmitfing M, Fee Payment. Assistance V# Job Creation ❑ Property Tax Stimulus, Fj Local Match for QT1 2, Wiler County loceftm 171 Western Collier County- west of 951 R EaMeM.Collier-County - east of 951 Immokalee Enterprise Com,munity/'Enterprise Zone- 0 Everglades-City. Enterpr" Zone 3'. Project qualifications: Number of current 'Collier County empiqYeas: Number of new jobs resulting from.,-project- Total retained and new jobs-, �96 A.vg.;,Wa ge : 25- Avg. Wage-. 1.21 Avg,WAge,: Packet Page -1382- 254,000 23,894; 5. ECd mic Impact Multiplier s NA-jcs code: 311991 SIC- Code:,. - Earnings Multiplier, -- 1,8641 ---- Emplcryment Multipfier: 1.7874: Economic Development Council .of ,Coffier County Rwornmendation 101-N, Preparedby. -- Brooke C. Gabrlefs6r! -(Print (Signature) I Date Approved r - TamMi't �eafdent Date Effective 03/08 PagO 2 of, 2 Packet Page -1383- 1/24/2012 Item 16.A.7. 4., Schedule of -incentive funds mtfuested (by Collier Dounty fiscal year Page 7 of 19 October-September): IFY1041 FY11-12 FY12-13 fY18 -14 IFY141 Total Job Creation Phase $1,0"'000 $101M $-10,000 $30ROO, Phase 11 $10,000 $-10j,000 $1 0,0,00. $30000 Phase III $5,0010 ►51,000 $51-000 $15:000 OT4 Loca I Match Broadband $8;300' $8,400 $25000 Total �, $30 ($33,3 $60,400 "0 $100:000 5. ECd mic Impact Multiplier s NA-jcs code: 311991 SIC- Code:,. - Earnings Multiplier, -- 1,8641 ---- Emplcryment Multipfier: 1.7874: Economic Development Council .of ,Coffier County Rwornmendation 101-N, Preparedby. -- Brooke C. Gabrlefs6r! -(Print (Signature) I Date Approved r - TamMi't �eafdent Date Effective 03/08 PagO 2 of, 2 Packet Page -1383- 1/24/2012 Item 16.A.7. Page 8 of 19 GENERALPROJECT OVERVIEW Ftoricia q Name of;Rv*ipes6 11 Expacsstan , ' pjp" !ckaqy!%�Osratipns -- Proje,61 Tille.or, Code hlame•tl.S word desctipti;n) MProjectNumber csnra ;-ntinrvnse Fionda y*-,jrl; proj.e A ane apphrA J, g a formai pro.posai The,compieleo and spned appfir-'a-lon muel be filed wlfl�, Laterprisellorida The Atrium Building, Suits 201 * 326 3o!hn Andix Ricad Tallah-asseei Florida 123W� Phone::.850,208,:"2.0 @'Fax, SS02W6659 . a- "MV., ;m" OO M- M Packet Page -1384- ; -, a W P 1/24/2012 Item 16.A.7. I.,- . -I — - Page 9 of 19 GEMERALPROJE.C.T.MF SIRVIEW A. Name. of Sustness Unit: EK MaHing Addms-. 691:E'_ Main ZA, Code Telephone: 249) 2227 Email: ronaflondaspecialfig-scom -Websttier wwvv f12L4asgecialties.emm E. Susiness::Unit's Federal Employer IdentVication plumber: (Please oompleWeithew- the substituti, W-9 *Form.otthe end of this • -0832614 applfcation or atbeh?a compt0ed IRS;F.;orm W-9.1 . . . ....... - F. Business Unit' a ri s Liner-pley pensalho'0 Numbe 292-1184 ment Com G. Business. ttnit's Flaxida Sales Tax* �gf stration Number. -a H. Is the business unit minority':*wned? Yes LJ No P-J It }yes explain: ........ ... 1. What is the business unit"s tax yeaT: (ity ),,an I to Qec "I'),: Dec '11, J. Has this business unfv:or any ral d, entities, applied for andtor boon approved: w State: incentives in the past? V, e i. No Z It yet, explatn. 2. PROJECT OVERWEW A, Which of the following b. describes this, M- nitf: New business ;gnat to Flomd*a It ay., expansion, :now many jobs are cvrrenti,t in ttie expanr.;r .ng t5o na—ssuqvlll 120 B. How rnany individuals are employscl at ail Florida locafibns? C. Are any jabs 'being transfeirred from other F I foridai. locations'*? It rnuivpt -- kiner^ P -)rmeff =T.FY SSI'457I re;.'Oru'q. wilts o; ? nio)pewo rP sltm we o-�ki 0 fi ru" rrr� '' r!.„, elk.n a ',--p al a I z bu ; i n vis J r! i' V t re Dc Aln; s, H i t cf a,' 6 Ca n ev" U r, it, t �` %at Is "T oo 1:: ue W, r, n;t 'ea W.., ir Start A 0*11 Tapt Refund ;iwzra Cannot mtvr2nte� fti vwsvlg-fiusoli PL'la tn,,Cmtjves njay ±to- be used ;11 CDPV.,to*v W441, a ph�.erv' vn*g krowvat� the ilumiL' anolnel wet ri A-5-Tit'49 tp t3sh4f, rzt"ise,n ifww Packet Page -1385- /01*N 1/24/2012 Item 16.A.7. Page 10 of 19 GENERAL PROJECT OVERVIEW Yes No If yes, how :many jobs and4roin Where? Why are these jobs moving and why is it: justified in light of the statutory governing the applicable,incentive prograrri(s)? D. description of aria project, including. a C.Ompaly overview, the primary actlyifles4 functions of this business unit and proj Wdt, and the reasons for contemplating. an,expansiort in.) ralocatilan to FlorichL- Florida Specialties I'M creating its yn product be. madmAed nationwide called "Blue Ribbon' beans This is targeted to the retail fiesh , produce customer vvho:(desires a microwave bag ,.Qf prodvCefiniti4ifigfeen bearls,.and wax beans; upon market a�.cceplan(,e additional dines such. as peppers. squash. el.c, Wit be added Florida Spec cities has i6oew packaging equipMeM at ItS, 105 plans to invOsi S 1, 5,00.�000 r IMMRKa,lea 'Id.wiff. lant location, a uire 2 rw,persnrictei aver three years.. In what Targeted Indus"CiesYdoes. Manufacturing,, Distrii ution-and Corporate the proposidprojept,q.perate?*, Head rteis F. Break 6 Digit RAICS r qwul -red A AnnuaIL Business Unitt. ActiVities Code(--j Function Wage (S) . .. ....... Manu nopackaoing 314991 slq,eso PittribUtion, s-ttp : $46 0 GU , 561 $45,000 G. What is the project's, proposed lacafitito addre&'s". .501:'E Voin Imm FL i wit, What is the project's current lmqation add ress it, bifterertu-, 44. Is Ox, PrOact locatJ I on within s current, o:r. proposed ,.Brownfield .stte iarea? `let NO Is the project location in An, Enterprise Zone? zon '(e--: Nv if Yft, w hi& le is the project lo"tiort in a designated Rural area? r7 CEIr No is the project location in an Urban areah No yes, descriNe • I Willicli of tile I-oflowing describes the applicant's O-e`ect at (r pplvl,, 7i Multi-state b, siness entefpnse M kilt matianal busiT*ss entkOlriset'SOMC- prZid'Ue7 sold to, Catnada,. Reter t lhr OT a 1,i, ruet 1w,.,OJv* Y Its,, Ow, a Cummu"Iri", R*.-Ovaiopnew A " Jo.", rl"vC Packet Page -1386- 1/24/2012 Item 16.A.7. Page 11 of 19 GENERALPROJEOT OVERVIEW Florid business enter-prjse.,MQbl6iQrAMW4 F *eUAvOVvc4qpMRM B*ms incan#km oi*) J. Which Orthe-fonow 9!,describesthis.,busfatLss:gaft 00- apply] Regionalbeadquarter office f4ationotheadq aiters office Internationdl headquaftdrs. office �O Thi$Js not: a dedicated headquarters, office K. What isthe estimated percentage at grOm receipts or0nal sales vesuttin Oftom. this project thatwfil be made outside of Fidrida of sales is:nvt I a;easomble-measurt, use another bast for measure and pfovide explanation below i52/0 Eiplafm if neces ry: Thei4w.ill.be:anatlempt� * expand .irAt floe Florida market, while maintaining, market. share in the EasW, United States andCanada, A. How manyTioritle jdbsi.7 are expodlied to be creamed as part of Ihis projecte 25 B. It an existing business unit, how many Rof I W4,jobs are expected tim be retained as, part of this. pvoject?,R�jobs in leaving Flonda should only be included here; these 1*,s are n it eligible ........... C. Vftafls the anticipated annualized average anew .40eluding; bonetlts);ofthe new to Florida yobs ated as pgrtof'�fts project? 40 ,03ST1 DaYment to the employ es s r h asperformance honuses and overtinv should be ON, Llded T' Me wage reptifted here is 00 F arl e5firria-te of the average wage to be dwit not be used in thetex.tfication, 1,9, 6 50 ....... ..... . D: What is the annualized average value of'b,&Oeflts assocjated With each new job created as pad-01 this project.? $2.5% E. What benefits are included in this value?. ihc,,, Vac"ation arltj , nn.4, keav�, etr FICA, UC. Vacahon/S A, .. . ...... ...... ...... . ... A, Descerbe the capital investment in Teal and persoh4l Property (Fa mpfe: i cvfsslnucfltw, o", �Ievv facw:ty rll =9 *OzeliW OIS616-, ij;V tv t uyirq rww equipment Buying new equipment, hard with: labels R Will thislacility be;. L 'eaSed SPaC& with renav4t;ans or build out Land purctiase- and constructiqn, ota, new ourlding pii-,;;hase of existing g buildm t) w4h,<r&novzfions 9. Addition to existing buitdirio(s) Othe! tPJR;.W* OPS—&-- M 4, A ahtwo- fv!t,rrw OU, af F MWAT-1 W 1*21'03* t, lzm'nl O* k. Rey-Sed N q!r • of 4 110� Packet Page -1387- 1/24/2012 Item 16.A.7. Page 12 of 19 GENERAL PRCUECT OVERVIM C. List the anticipated amount -and type 61 major lcaotal investment to be madeby the applicant in ooninecti on-with. this project~ `tattach separate schedule if investment W 1111 be rnadebver More4han,th6tte year,$,) m 2 b : Coten4i Year 21klla o "i I, 1C1, Land ar Buildin 7 il Mariuia iuk ia E Woment 4D0 DOD S v 50R on I Other EqWprt*Mt (CbriVuler —41— .. . . ......... e%ponlenl office furniture. e1c"I ToteLC I Investment $4 000 D. What is the estimated .square foxitne of the new or expanded; facift. 7 E. When is the final . location deoi*ion anticipatod {date)? 2.0,000 square feet the exisfiNJ'$Ulily F. What is the anticipated.:date construction will, ' begin? G..What is the anticipsta.d clateooperations wilf-Commence? �,el 20110 expand, or remain in Florki ? 14o.w. mil the inoofttive:dollats be., used by the business? incentives Mil :play a considemlate. role in that with the J mentives FS can successfully launch the new product nationalty, and remain as a ifiible and.size-able em.p4nyer in the Irnmokalee, 1:1-: area Although the owner is commrtted to immakafee, a more desirable itication tPulsfically woult lbe.outsvide.Atflari.ta ow-11S a facimy in Americut, CIA, FS: has fot , suspendvO operavors in GA (a ncyw, tul there are oidra cost& incurred s a result tai 41ousiIcIposte op fat! e for"s-1111 Suth west . fl... . o...i .. . Ida a,. noted . .. ... ... .... .. B What other cities,-States or countries are beirs con-sideretl far this project? C. What advantages or incentives offered by these locations do:,yati conside( im-;xorta4t.Jn your decision? Tnepl-aot ire Georgia doesn't Name -the antictrjarteci capacity we expect tr-� auhieve pAtier 0%inty for our needs, lbe Georg gia rnakes Mwe sense logis CtIve . sqins p e Wtval ad- vantages ordisadv-antages offered by.the.ptoposed .'Plorida locatiimh, do you consider importatAlin yocsx decision? orator disacivantage. to Collier County it. the ,increased costs FS incurs in shippit,jg pi'odunt and the addifiarla!,J-'i-ne required for fresh product to arrive, Ultimately petifively speaking this is a disadvantage T,u-- advantage to lbe Irr-irri0katee area is most of Ufte growers, incttAing Q-U.".,�er'vesr are- located in or arount. the Immakalee i fea for the raw product durinc.moslt of the irr RCNIf4ed OWN Packet Page -1388- Page 5 0 1/24/2012 Item 16.A.7. Page 13 of 19 GENERAL PROJrECT OVERVIEW E.. indicate a" additional internal &:eXternaLcorrOetitive issues impacting this project's locatiom:decision? Provide .-a bdef synopsis I :�of the spee.1,;!,,Impacts:th,e:�pmle( slim.laterin the community, tbestate, and the regional et IMPS-ct on indicators such asun6rnPloymenl rate, poverty .rate, and The foremost banefit of FS expansion is. tip lowering of the pi increasing tt per capita income levels of this targeled-comm to hire people with little to no. manufacturing experience, alloys PrQVjde. 9 -OUMM- 2.VY of past activities I , a Merida and in other statet. Pa exarn,ple. W'iatkindofco,rporatea erthasthetiz, been?,Mso:W4 S' endat� S: FS has operated for over 20 yeam in file Immo"tee.ares FS is under new ownership effective SAu4%6mbsr 15,. 7009 by Rill firrie residents ,of Collier County: Any FS hps developed ateputaboainthe fresh produce industry in the US as a. consistent and reiiable grower, pac*er and dist(ibutot- 'Custaniters incloOesuch ..names as Fresh Mar{ t, Whole Foods, Sv;pervaW..Roundys,.,, Rite ,:Pak, and many other rnaiq' wholesale and retail lZhains, FS serves avital it nctittr in the Flar region agriwalture industry by being one of the vFryJe)t,( full service pack-aging, shippiniq. cooling, grading -: haoling,,xand Lrroker/distributoT for numefuvs "farrners of growers of produce Examples of tAller c.(miparnes which ; FS serv;ces am A,4=, Inc , C>,tejr P.,eppers, ett. i- pACegulatia0 FS i's {ioensed4witi-Ofit US:PA unt'lo A, er. C_ Listand explain a . ny criminall: .Or civil fines OT,pen'sities, ongoing mvestigations, federaf, state.andfor Itoca I tax liens, and environmental issAjesthat. have been impoged upon the company, its executives, or its affiliates and any re"nil'. bankruptcy proceediops of the applicant or its wlik, 1,0 parent CoMpa_ teic-wam'mfomnalror if ate; rvi t'u 'None" Do rof leave this C.JeS .19ni,C7r an§t}pe! NA None D, Provide any additional i0formation you. wish to. be considered as part of this mcentive application v or iterrit that may provide supplementary background information an your projapt or company. PS it a tnaja, (amployei.iti the lrnm6kalee, area through its tafnIlIngLarowng Opela.rorrs where ilfarms mutt" of the CoMerEntermises land operations perioar, a viial the"sniall' farriers ii Colliel. aTld SUrrOUndilIg counties who can not otherwise handte packaging: shipping grading and e?� pq4ct in theUnited States. and ceftain qQQ4nQ Rev*ea W1% Packet Page -1389- 1/24/2012 Item 16.A.7. 1- .., Page 14 of 19 GENERAL :PROJECT OVERVIEW of Records for A 412 t OAo ,h pedocl, wi''th aq addltlonM12 mQM- h ettension available upon cectuesi tc�r project stUl .unddr constderatiana Please rode —ate yow coni SUST sales tax exe.mptian applicants) >; Yes No 'Be sure to attach the proper incentWe attachment shoe- #sj*** Packet Page -1390- 1/24/2012 Item 16.A.7. Page 15 of 19 GENERAL PROJECT OVERVIEW February fi?D1010^ Date Brooke C.-Gabrielsen Name Business Relations, !E?4 Idle Economic Development Council of Collier Cour Company 3050 N-Horseshoe Drive, Ste, 120 Pbanc .t l�mezer 239,26-3, 602' Reww''t jP,?M To ttwo -b"t df my knOW10" Wfomatwin: litcluded in this Ronald Bailey Jf. CPX Name Chief. Financial Officer Florida Specialties. LLC .. ... ...... fompany 4 "ifteferqVian rnAifing a4dt.w,,% Ph Packet Page -1391- .... ....... 1/24/2012 Item 16.A.7. Page 16 of 19 n TAn t 3 , F, C3 WA I)CITUrtme nt nf.Irivahciul sorviom— chrtettr asinew G m...r � y tltrrestlr Sri' It r rurtting, 2 '1 Est GA1h met, TOWrt ssee i i .32399-0354 Telethorie (850) 40 5419 Fax (850) 40-i5,5 i5,5 Sub titi to Farm W -9 In ttrner uo ctttnlroly t+i€3T tR re8iirl ts, w.e a.re reclwstin.g. Tbxpa r ldznrifcatagn :ia' irmation ftt will he rrst,' i to &tumine wfiether you Will reci ive, a Form 1090 k.w" nerttts�l:to yost ny azt st€set"y 4ot.lre Stale. of Fled& i'or qucstrnntR rc�ar� ing;41tT� forrttt. Flease,usc the addr:ss artetcp1toric NTatttlzer'Iunvici t ata�r�. In or> r tc ct?mpl} rekidi ilte lK5 :ru1es, ple�hw jxrvv do us MIh,Nviu, social scs trrri .('SSN) crr �eele;:a4 cffovyw id�ttiiication number O UNi, This iii oua request iiisr state sales tax er€entpterii, Sri 111c e,rot.11tis in orawliotr is tint pr in a d, (rt S14,4014 the IRS noti4',la,Aal tht rruidod inlcertnQtion iK hrcnrrcct, qil Rare rzarr .trrarffe to yeTrr ttta 'tiscEOmeztlrt c1,'.ta .s 7Rr t:aC tF, Vuitlilattiittg T a ..itr< I'irase punt da:rtxly OT type. PST 2T i -Plea' t »it4e tl e.. rre c# i„x I 3 it aria ►t Nttmber ani'l t1w opt licatilt name and id rej.s as your incrrrne tax return. The TIN it (thectz one) X THIN SIS N Fcder°a1 iatitpfover° Identification \Limber "FE -1N) 27-083 zN AM.Etas hower klli&Jsv�.i dwes,ac AI)1tf?£SS 60I i`� t it�lait� qtr cat STATE ZIP :from }kah . , VL 34 14 w t ARI' 2 - Be!(,w,, Card-- UllcTamftrer that accurately desvrjt the tt sirlc.g" tir s)te,tiaividual_:' I - c °Ott:t ;MATION; A.1;'S(W,4 '1A0 N OR FROMSSIONAL c°bRP6 *tA*:rK),v t.A zs:rrl�zrtvrinn'i'siritrrd :�n�ic.r ilre Kura. � +f rtr,. � -ts �it�tit� th.- ltrii;'r � S:ttT�? .. sm i ""CFt2 i- lu011' t xtltl't) tr 1 "J(Y r����i it ^tiji .t.�r itTt a 2,1 Ittvrrrr [ tr£N { i •!rttFti"V z'A#3it't.3 ) #'�1't �'f'*r1tT1i#,. Lit A 71CM,"VOR M11t.tt,T"Ff4 ':zz IMB# it't<1:4' IrsCjlt tt?t`�4t t`1tiC3f*ttS 'I't #It, bl:L i't1t� (i'Fi Mjridividtr:gl tii+il f1r!rrr•trt!`Y' Jfi. r, wr::1`-2{rtiel?I )nail lot f'.li °,t3NI -C {2N :}RA 11 RE!' I"AL rig[ rNf (r t:t34't "ttttii�}I'i °AL f ti i11 �E';t i =ttl E.iC, C.;iltY#' #ti :4 1 IO N tilt UN11 i d 1 ;'"A ir>r�T�;r:��tTt: alit ac�A aFt�tr, t=ie;l7a ...r xrt3zaa.- ��i ..r;a €;:e 's?::;, >aFTC.i "�"'`+i� ter i�(�- I'•.'a; FliHr ;cl T?'i,`i+,ie i..t- i� #xtti9:ii5 r, #1A3 i3i7%.! *t.tt iY, F_•'.tl�t. t� ' ct : is ;c rrstsrx,t e ti �itt fti ia�rr the t ! M.+ NT Al lCA Ap Irfi;tl tf.rk7n , t; itt ,s r. i , . iri .i rmri�It��: .. EcYt* �{�i''4`p:r a . u+ +;.,�xxe,,.rcF.' r,. r,eaeis�..: a� lC.,tt:, . . -n• ttvc.4s�:ti;;, .ua +t+;•i�S,n - ,'tih.- ;,.,.ara <;, g."6rr:'` 1, °e i ' l� Packet Page -1392- 1/24/2012 Item 16.A.7. I 11.. Page 17 of 19 pt Economio $flmul -S .0gra Attachment to the General . Project Overview FloTidaSekcia'Ities Name of Business jwusr•be a separate gafttl&gM or reporrmg imltrjra, b LS 4ss �i thatlov( will be vnerapkaynwn( compenzation vurposv�) .IMPORTANT NOTE: This application must tie filed and the incentive approved prior to making tfte decision tc expand an existing 0,01liet Courity business tini.Vor Ao locate 6 new business '.unit in Phose bs crleateli. in the b4siness unit be created I W301201 0 9/30/201:1 M-Df 2 0 12 -4 ... .... fcsta 1 '25 ...... .... . .... . . . ..... . .. ..... . ...... A. For the purposes of eftification, agreernetit, and Gia itll review, jew, indicate the average wage and carresp.onding threshold (perrerirtaEle) to which:,pu clarriffilt for all new jobs- created' 9 _65 �J V4 � I i � A " i a 11 f �, a Sf,-5'0 01'a 0 1 the e E r Vie—, a Q ,L _O :Wage in Coll ler" c:ouilfy. B. CD[Ifer BL)smess , ax i;° *celpt::;Nunlber, �ar,198e- a -,ziticn C- How tnzi,t rpd we ern,,,�koyed a* A4 Cz-flfe, ;ourt lc, sl` 9G W --a I is G #le ar" I o 414zedl av age wayi� ( "-, i adina:tw-*ew." 01', lt)e etn�l oyee �t: .:1,06f;ated k" 2, LOCAL FINANCIAL SUPPORT A. identify ttie local Qovernmortt( I sl anticipat%1 to orvvide focal f1hanciat:support: B, Indicate the date(s) the.approvat is ! are antic1pated to be passed by tbeiocal governmeric frii 'Lj,.2q-1D C. Has the applicarit ever particioaled in an.EDC-assisted Ptograrr ?5,"-`Yes No if Yes, ,how many new and retained jobs were included in'that: pro ject7 A.. Type of Project (check:: all that apply): 0,-, Teriant Improvement Oilier Paw-, "n00 Packet Page -1393- 1/24/2012 Item 16.A.7. I.,— . -1 ­ - Page 18 of 19 B. Site fqlie Number: C. Project Street Address& Suite Number; D, Legal description,:_ E. OwnerlDeveloper Name:_—_ PhonB: Emaik Fax: F. Architectural. Finn-,.—, Contact: Phonew, Email"f Fax., G. Engineering Firm., Contact: ­ Phone-, Ernalt'. Fax: H. Contractor., contact Phone;­, Email; ,Fax, I Other: (i.e. Attorney- Land Kanner) Contact: Phone', Email Fax,. 4. BACKGROUND CHECK I agMe 1:0, allow the Economic Development Council of Collier County perform a Company andlor PersoMal Background Check M-j ices j­'N, Packet Page -1394- DKw V v, 1, pe 5, SIGNATURES Signature of Individual Com %1his Date, AttaCt=P-nt, Address R IREQ Name and Title of Ai Phone Number DO. Date Officer Packet Page -1395- 1/24/2012 Item 16.A.7. Page 19 of 19 Pa4O.S. OF�F- 6eir 1/24/2012 Item 16.A.7. ...., - EXECUTIVE SUMMARY Page 1 of 7 Recommendation to approve the issuance of the building permit prior to approval of the requisite Site Development Plan (SDP) to allow for an approximate 20,000 square -foot addition to the existing produce processing and packaging facility owned and operated by Florida Specialties, Inc. (located at 601 East Main Street in Immokalee), and further to allow the issuance of a Temporary Certificate of Occupancy (TCO) until all site construction has been completed. This expedited process will allow Florida Specialties, Inc. to meet its contractual agreements and triple its current production capacity, resulting in a projected minimum of 25 new jobs. OBJECTIVE: To obtain the Board of County Commissioners (BOCC) approval to issue the building permit while the simultaneous review of the SDP is ongoing and to allow the issuance of a TCO prior to completion of the site work. The building permit would only be issued after review and approval by staff of a conceptual site plan (attached), the purpose of which is to ensure that there are no fatal flaws that would need to be addressed, either prior to, or as part of, the building addition construction process. This expedited process will allow Florida Specialties, Inc. to triple its current production capacity, resulting in a minimum of 25 new jobs in Immokalee. The additional capacity must be operational by November 1, 2010, in order to meet the needs of certain clients who would utilize Florida Specialties, Inc. services for processing and packaging of fresh vegetables for wholesale and retail sale. CONSIDERATIONS: On May 13, 2010, a pre - application review meeting was conducted. The applicant presented a conceptual site plan that was reviewed by staff and determined not to .-� contain any fatal flaws that would prohibit the construction of the proposed building. Staff has determined that the conceptual site plan submitted is consistent with section 10.02.03.A.1 which states: "The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon." Florida Specialties, Inc. processes and packages primarily locally grown fresh vegetables in microwavable bags for retail sale, including: green beans, peppers, squash and so forth. The system that is used to process and package the fresh vegetables was designed and installed by another Immokalee firm, Salazar Machine and Steel, Inc. The existing facilities have no additional capacity. Certain national clients have expressed an interest in using the processing and packaging services of Florida Specialties for both wholesale and retail end users. In order to meet the desires of these clients, Florida Specialties, Inc. will need to triple its current capacity. Several options were considered, but in the end the most viable alternative was to expand the existing facility. Packet Page -1396- 1/24/2012 Item 16.A.7. Page 2 of 7 On January 24, 2006, the Board adopted Resolution No. 2006 -12, which superseded and replaced Resolution 2005 -409, establishing the procedures and regulatory process for the Fast Track program, which is designed to expedite development review for qualified economic development projects. The Fast Track Program has specific eligibility requirements including the number of full -time jobs to be created and the average wage of the jobs. On April 13, 2010 the BOCC approved Florida Specialties, LLC for participation in the Economic Stimulus Program for Job Creation and Broadband Infrastructure. When the initial application was filed the recipient was not aware that a physical expansion would be necessary. On May 4, 2010, the Economic Development Council (EDC) submitted a request to allow Florida Specialties, LLC to participate in the Fast Track Program. The company is proposing a capital investment of over $4 million, which includes construction/renovation and the purchase of manufacturing and other equipment. The requirements to participate in the Fast Track Program, for projects in Immokalee are as follows: Create new or expanded businesses that are "Targeted Industries" Provide 50% or more of the current private sector average wage Create a minimum of 5 new full time jobs In addition to the ninety -six (96) current jobs being retained, Florida Specialties, LLC proposes to create a minimum of twenty -five (25) new jobs in Collier County over a three year period, the first ten (10) being created in 2010. The average wage of these positions is $19,650 which is 50% of the 2010 Collier County average wage of $39,285 and generates an increase in local payroll of approximately $491,250 annually. Based on the information above, Florida Specialties, LLC meets the targeted industry, job creation criteria, and average wage criteria to participate in the Fast Track program. Once it was determined that the best option was an addition to the existing facility, representatives of Florida Specialties, their consultants, and the EDC met with staff to determine if a course of action could be developed that would facilitate expedited review and actual construction, such that the November 1, 2010 target date for being operational could be achieved. Based upon this information, it was determined that the best course of action was as follows: 1) Applicant's consultant will prepare a conceptual Site Plan which will be reviewed by staff at a pre- application for any fatal flaws or significant issues that might need to be addressed. This was conducted on May 13, 2010 and it was determined that no fatal flaws existed. 2) The item would be brought before the BOCC, as soon as possible, for approval to proceed with the proposed expedited process. A copy of the conceptual site plan would be provided to the BOCC. The EDC and the applicant would be available to answer questions about the project if so desired by the BOCC. 3) The Growth Management Division would assign a liaison from Client Services to oversee the project to make sure it complies with all applicable codes and that health, safety and welfare concerns are not neglected during the development of the project. 4) Withhold issuance of a final CO until all site plan and permitting issues have been addressed, but a temporary CO could be issued upon substantial completion so that operations may commence, assuming there are no health, safety and welfare concerns, as determined by the Growth Management Division Administrator or Deputy Administrator. Packet Page -1397- 1/24/2012 Item 16.A.7. -, Page '3 of 7 The EDC has also requested that the BOCC approve the simultaneous review of the site n development plan and building permit, and the issuance of a building permit prior to final approval of SDP, based on the overall benefit and merits of the project. Florida Specialties, LLC will be the first to do the final value -added processing in Immokalee. The processing requires year -round supply and labor, so the jobs being created are more stable. If the new facility is operational by November 1, 2010 the potential for immediate and long -term job creation increases dramatically. In addition to creating a minimum 25 new jobs in Immokalee, this expansion will provide substantial new work for Salazar Machine and Steel, Inc., keeping its staff gainfully employed and potentially creating the need for some additional jobs there as well. FISCAL IMPACT: There is no negative fiscal impact to the County associated with this approval as the County would collect all the appropriate fees associated with permitting this project. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This proposal is not presently authorized by the Land Development Code. Section 10.02.03 of the LDC requires, with few exceptions (none here applicable), that Site Development Plan approval be obtained prior to the issuance of a building permit. That said, if the Board wishes this project to proceed in the manner requested by staff, then the County Attorney recommends that the Board authorize staff's request, on the condition that staff comes back to the Board with a proposed LDC amendment to Section 10.02.03, which would add an additional exception to this LDC requirement based on a Fast Track Economic Development Project, with defined criteria and economic goals, so that others similarly situated can also take advantage of this process. -JAK RECOMMENDATION: That the BOCC directs to the County Manager, or his designee, to approve the issuance of the building permit prior to approval of the requisite SDP to allow for an approximate 20,000 square -foot addition to the existing produce processing and packaging facility owned and operated by Florida Specialties, Inc., and further to allow the issuance of a TCO until all site construction has been completed subject to the condition that all health, safety and welfare concerns are addressed prior to the issuance of the TCO. Further, that the Board direct that staff comes back to the Board with a proposed LDC amendment to Section 10.02.03, which would add an additional exception to this LDC requirement based on a Fast Track Economic Development Project, with defined criteria and economic goals, so that others similarly situated can also take advantage of this process. PREPARED BY: Nick Casalanguida, Deputy Administrator, Growth Management Attachments: 1) Proposed Site Plan; 2) Proposed Site Plan Aerial Version; 3) Locus Map Packet Page -1398- Packet Page -1399- 1/24/2012 Item 16.A.7. -1 - Page�4 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS n Item Number: 16A13 Item Summary: Recommendation to approve the issuance of the building permit prior to approval of the requisite Site Development Plan (SDP) to allow for an approximate 20,000 square -foot addition to the existing produce processing and packaging facility owned and operated by Florida Specialties, Inc. (located at 601 East Main Street in Immokalee), and further to allow the issuance of a Temporary Certificate of Occupancy (TCO) until all site construction has been completed. This expedited process will allow Florida Specialties, Inc. to meet its contractual agreements and triple its current production capacity, resulting in a projected minimum of 25 new jobs. Meeting Date: 5/25/2010 9:00:00 AM Prepared By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning Approved By Jeanne A. Marcella Administrative Assistant Date Transportation Division Transportation Planning 5/18/2010 8:12 AM Approved By n Jeff Klatzkow County Attorney Date 5/18/2010 11:35 AM Approved By Nick Casalanguida Director -Transportation Planning Date Transportation Division Transportation Planning 511812010 12:54 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 5/1812010 1:39 PM Packet Page -1399- O O ICT ry N to a N Y U f0 d L �n / / / , A nda It' n s �1 gg s All / All C Eiji rrio gigs a� J uJ U w a W a R V N ZZp O U O Ili 1 Y a ELI! o� K� ✓�,0°10� 0 7 0 a Q1 Y U f6 d MIN IBM L �n / / / , A nda It' n s �1 gg s All / All C Eiji rrio gigs a� J uJ U w a W a R V N ZZp O U O Ili 1 Y a ELI! o� K� ✓�,0°10� 0 7 0 a Q1 Y U f6 d 1/24/2012 Item 16.A.7. LOCATION MAP ... Page'7oi7 Packet Page -1402-