Agenda 04/22-23/2008 Item #16A18
Agenda Item No. 16A18
April 22, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Job Creation Investment
Program Agreement with Advocate Aircraft Taxation Company consistent with the provisions of
the Job Creation Investment Program and the company's approved incentive application
OBJECTIVE: Recommendation that the Board of County Commissioners (Board) approve a Job
Creation Investment Program Agreement with Advocate Aircraft Taxation Company (Advocate)
consistent with the provisions of the Job Creation Investment Program and the company's approved
incentive application.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-60 establishing the Job Creation Investment Program. The program is available
to targeted high-wage companies that desire to relocate or expand within specified areas of Collier
County and is designed to reduce the economic effects of relocation and/or expansion costs. The
Program has 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.
Advocate Aircraft Taxation Company provides "aviation consulting relating to liability control
including contractual and equity restructuring insurance and financial services to aviation industry."
The application for Advocate Aircraft Taxation Company to participate in the Job Creation Investment
Program was approved by the Board on December 14, 2004 (Item 10H). The company proposed to
create 60 new jobs at 150% of the Collier County average wage, in three phases. To date, the
company has met the minimum requirements to participate in the program with the creation of 20 new
jobs, which have been audited and verificd. The applicant was also granted an extension by the Board
for the creation of the additiona140 jobs.
Collier County Job Creation Investment Program funds are paid in equal payments over three
consecutive years following creation and retention of the jobs. Advocate Aircraft Taxation Company
is also participating in the State of Florida Qualified Target Industry Tax Refund Program and
therefore is eligible for $1,000 per new job created, once such jobs are audited and verified,
FISCAL IMPACT: The budget for the local Economic Incentive Programs for Fiscal Year 2008 is
$1,147,100. Advocate is currently eligible for an incentive payment of $1,000 per job for the twenty
jobs that have been created and verified, for a total of $20,000. The $20,000 is disbursed in equal
payments over a three year period; therefore the fiscal impact fix FY 2008 economic incentive budget
is $6,666.67. There is sufficient funding remaining within the approved budget to facilitate this
request.
.--
Each of the local Economic Incentive Programs are subject to the availability of funding, which is
reflected in the Agreement that was prepared by the County Attorney's Office for Board consideration
Agenda Item No. 16A 18
April 22, 2008
Page 2 of 8
and approval. Provided that Advocate continues to meet the eligibility requirements for the Job
Creation Investment Program and there is sufficient funding available, the remaining incentive
payments are scheduled to be disbursed in Fiscal Year 2009 and Fiscal Year 2010.
Payments related to the remaining jobs to be created will be disbursed only after the jobs are verified to
be in place and audited for compliance with the Program requirements. Any future payments will also
be disbursed over a three year period and are also subject to the availability of funding. The company
has been granted an extension to December 31, 2008 to create the remaining jobs. If the jobs have not
been created by the conclusion of the extension, the company may apply for another extension, which
must be approved by the Board, or withdraw the additional jobs from the Program as the company has
already met the minimum requirements to participate in the Job Creation Investment Program.
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: The Office of the County Attorney participated in the preparation of
this proposed Agreement, which is legally sufficient for Board consideration and approval.
RECOMMENDATION: That the Board of County Commissioners approve a Job Creation
Investment Program Agreement with Advocate Aircraft Taxation Company consistent with the
provisions of the Job Creation Investment Program and the company's approved incentive application.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget Office, CDES
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16A 18
April 22, 2008
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A18
Recommendation that the Board of County Commissioners approve a Job Creation
Investment Program Agreement with Advocate Aircraft Taxation Company consistent with the
provisions of the Job Creation Investment Program and the companys approved incentive
application.
4/22/2008 9:0000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
3/27/200810:36:40 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3/28/2008 11 :35 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/31/200810:19 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/9/20088:22 PM
Approved By
Garrett Mullee
Community Development &
Environmental Services
Financial Operations Manager
Date
Financial Admin. & Housing
4/10/20087:58 AM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
4/10/200810:27 AM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
4/10/20081 :05 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/12/20088:53 AM
file://C:\AgendaTest\Export\1 05-April%2022,%202008\ 16.%20CONSENT%20AGENDA\ 1... 4/16/2008
Agenda Item No. 16A 18
April 22, 2008
Page 4 of 8
This space for recording
JOB CREATION INVESTMENT PROGRAM AGREEMENT
This Job Creation Investment Program Agreement ("Agreement") is entered into this
_ day of , 2008, 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 Advocate Aircraft Taxation Company, hereinafter referred to as "Employer,"
collectively stated as the "Parties." All capitalized terms not defined herein shall have the same
meaning as set forth in the Collier County Job Creation Investment Program Ordinance,
Ordinance No. 2003-60, as amended.
RECITALS:
WHEREAS, on November ]8,2003, 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 the "Ordinance;" and
WHEREAS, the Ordinance 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 all of the criteria of one of the following categories: (]) The business or
project is located within Eastern Collier County; is within the targeted industry list of the
Economic Development Council of Collier County; and creates a minimum of ] 0 new full-time
jobs paying an average wage of at least 115 percent of the County's current private-sector
average wage; or (2) The business or project is located within the boundary of the Immokalee
Rural Federal Enterprise Community and creates a minimum of five new full-time jobs paying
an average wage equal to or greater than 50 percent of the County's current private-sector
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Agenda Item No. 16A18
April 22, 2008
Page 5 of 8
average wage; or (3) The business or project is a high impact project, located outside the
enterprise community and Eastern Collier County; is within the targeted industry list of the
Economic Development Council of Collier County; and creates a minimum of 20 new full-time
jobs paying an average wage equal to or greater than 150 percent of the County's current private-
sector average wage; and
WHEREAS, the Employer submitted an application to be considered for the Program for
a business or project involving relocation of corporate headquarters to Naples, Florida. A copy
of this application is on file in the Community Development and Environmental Services
Division, Business Management and Budget Office; and
WHEREAS, the County Manager or his designee, having reviewed the application and,
based on the representations therein, found that it complied with the requirements outlined and
set forth in the Ordinance, hereby recommends approval.
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:
I. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The legal description of the business or project is attached as Exhibit "A", and is
incorporated by reference herein.
3. This Agreement will commence upon execution by the County, and will terminate on
the third anniversary of the first Program payment.
4. The Employer is hereby awarded the sum of $60,000.00, representing $1,000.00 per
new full time job created. The funds will be paid in equal installments over a three-
year time period, at the beginning of each fiscal year, following the date the newly
created jobs are in place and verified by the County Manager or his designee. Should
at any time over the term of this Agreement the number of qualifying jobs is less then
set forth in the application, then the County Manager or his designee may 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. This
award is subject to funding availability for each fiscal year. Employer understands
that the Ordinance will expire and be void on October I, 2008, unless continued by a
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Agenda Item No. 16A 18
April 22, 2008
Page 6 of 8
vote of the Board prior to this date, and as such, the installment payments hereunder
could be discontinued as well.
5. An annual review for compliance under this Agreement shall be performed by the
County to determine whether there has been good faith compliance with the terms of
this Agreement. Employer shall give the County reviewer full access to its business
records and business premises as required to certify the created jobs. 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. In addition to an annual review,
within 10 business days from the County's written request, the Employer will provide
the County with all requested documentation required to verify compliance with the
terms of the Ordinance or this Agreement.
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.
7. In the event the Employer is in default under this Agreement, and the default is not
cured within 30 days after written notice is provided to the 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: (I)
any change in the status of the business or project such that it no longer meets the
required Program criteria; (2) failure to fully comply with all reasonable requests
during any County review conducted pursuant to this Agreement; and (3) upon the
County Manager or his designee being informed of a material misrepresentation in
the Application.
8. The County shall record this Agreement in the Public Records of the County, with all
costs of recording being paid by the Employer.
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Agenda Item No. 16A18
April 22, 2008
Page 7 of8
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
By:
AS TO ADVOCATE AIRCRAFfTAXATION COMPANY.
a Florida Profit Corporation
Signed, sealed and
dem:u:e of:
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~ature
AlM~1 U. Me:U1A!:'.
Printed Name "'"
fv!"'), t: 11 "A.._~'
Signature
MA..~ (f: f'rIl: /oJ H ,)-
Printed Name
B)
,
'-...
STATE OF FLORIDA
COUNTY OF COLLIER
, The foregoing instrument was acknowledged before me this .J-'ltf. day
of 'it-~.r ' 2008, by LOUIS M. MEINERS, JR., as President of ADVOCATE
AIRCRAFr TAXATION COMPANY, who is personally k~g.~ to me or has produced
as identification. -.--- _...-
[NOTARIAL SEAL]
"""';"" CATHERINE A. MCCARTHY
t:r",,~.., MY COMMISSION I DO 336802
';t~ EXPIRES, July 12, 2008
"'~iff.~F BoMed Thru NoIIIy Public Underwriters
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Signature of P~son Taking Ackno~edgIIjent
PnntName: \ "ih>.-,,., l' M ((',;.-;-j.~
My Commission Expires: .! t 1.1 hoc l'
and
Recommend Approval:
w
unty Attorney
~Q~~
AmyPatt on,Manager
Impact Fee and EDC Manager
Page 4
EXHIBIT A
Legal Description
East Naples Industrial Park Lots 3 and 4, Suite 2 I 0
Address
3073 Horseshoe Drive South, Suite 2 IO
Naples, Florida 34 I 04
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Agenda Item No. 16A 18
April 22, 2008
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