Backup Documents 11/12/2019 Item #16F 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F
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 1Dh Jo
4. BCC Office Board of County 3S 6,5 1,1
Commissioners / I1•'6•X
5. Minutes and Records Clerk of Court's Office
I( )1a4. C) FS:?4
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 additional or missing information.
Name of Primary Staff Jen Reynolds/Corporate Business 239-252-8952
Contact/Department Operations
Agenda Date Item was 11/12/19 Agenda Item Number 16.F.4
Approved by the BCC
Type of Document Summit Orthopedic Technologies Basic Industry Number of Original 2
Attached Growth Promotion Incentive 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) - .. able)
1. Does the document require the chairman's original signature? SR
2. Does the document need to be sent to another agency for additional signatures? If yes, JSR
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 JSR
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 JSR
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 JSR
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 JSR
gnature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JSR
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 November 12,2019 and all changes JSR N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the ♦♦-- ` N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the a S r an option for
Chairman's signature. m.
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
16F 4
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, November 17, 2020 4:50 PM
To: ReynoldsJennifer
Subject: Summit Orthopedic Technologies Agreement (Agenda Item #16F4 - 11/12/2019 BCC
Meeting)
Attachments: Jen Reynolds.pdf
Hi Jen,
Attached for your records is the documents as referenced above.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
royal x Office: 239-252-7240
ret. Fax: 239-252-8408
E-mail: martha.vergara@ CollierClerk.com
Office of the Clerk of the Circuit Court
re & Comptroller of Collier County
N ° 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
i
16F 4
MEMORANDUM
Date: November 17, 2020
To: Jen Reynolds, Manager, Financial & Operational Sprt.
Corp. Business Operations
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Basic Industry Growth Promotion Incentive Program
Agreement
Attached is a copy of the agreement referenced above, (Agenda Item #16F4) approved
by the Board of County Commissioners on Tuesday, November 10, 2020.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
16.F.4.a
16FTIC
4
w
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 ,244 day of NOV 2
, 2019, 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
Summit Orthopedic Technologies, Inc., a Connecticut Corporation, authorized to transact y
business in the State of Florida(hereinafter jointly referred to as "Summit").
RECITALS: 00
_
WHEREAS, Collier County enjoys broad Home Rule Powers, which include the coy
authority to enter into agreements to enhance economic development within the County; and
c.�
WHEREAS, Florida Statute Sec. 125.045 expressly provides that "The governing body w
_
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
a county, including any powers not specifically prohibited by law which can be exercised by the
.o
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 03
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 a)
manufacturing plants, leasing or conveying real property, and making grants to private L
rn
enterprises for the expansion of businesses existing in the community or the attraction of newo.
businesses to the community;" and
r
WHEREAS, Collier County created the Basic Industry Growth Promotion Incentive
("BIGPI") Program on September 24, 2013, with revisions on January 13, 2015, the objective ofCD
CD
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 o
a
for the State of Florida's incentive program for Qualified Target Industries (QTI) program; and
d
E
Pagel Q
16.F.4.a
1 6 F 4
WHEREAS, Summit has applied for a financial incentive for the inducement of
as
confidential project "Peak," and
d
WHEREAS, Summit is in the process of relocating the company from its current real
property location at 294 Quarry Road, Milford, Connecticut 06460 to a location at 2975 S
a`
Horseshoe Drive, Naples, Collier County, Florida("Facility"); and
WHEREAS, Summit is presently remodeling and preparing Facility to expand its o
operations into Collier County; and
-o
WHEREAS, Facility will require interior finish build out and the equipping of
approximately 15,000 square feet of unfinished manufacturing and office space ("Project") from
which Summit will operate its surgical and medical instrument manufacturing company as
0
defined by North American Industry Classification System, 2012 (NAICS) Number 339112.
The project's operation and directly related employment will be in support of the diversification
v
of Collier County's economy and growth in high technology jobs for Collier Citizens; and
WHEREAS, the Board expressly finds that the opening of Facility and development of
Ei
the Project will result in substantial economic benefits to the County, including but not limited to03
the creation of higher wage jobs and a net increase to the County's tax base, and that such
a
economic benefits will flow to the County as a result of Summit's operations; and '
a
WHEREAS, Collier County finds it is in the public interest to facilitate the growth of
co
Summit's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier County a
and approve Summit as a qualified applicant to the Collier County Basic Industry Growth
d
Promotion Incentive Program; and
rn
03
WHEREAS, The Florida Department of Economic Opportunity issued a Preservation of 0
a
Inducement letter ("LPI") on March 11, 2019, which acknowledges the competitive nature of
attracting Summit to Florida and the need for Summit to proceed with the project before the local o
community has approved local financial support. The LPI provided that the actions in v
furtherance of the project "including, without limitation, leasing or purchasing real or personal a
property, incurring construction expenses, and hiring employees will not affect the Company's
eligibility".
Page 2
16.F.4.a
16F 4
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and ..
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
m
the Parties agree as follows: c
w
1. The foregoing Recitals are true and correct and are incorporated by reference
2 a`
herein.
2. The Board hereby agrees to enroll Summit into the BIGPI Program a copy of
which is attached hereto and incorporated into this Agreement. As adopted, the Program and
agreement provides that Summit's demonstrated job creation performance would be eligible for
payments for up to 80 new full-time equivalent jobs.
3. In consideration for such assistance, Summit hereby accepts the benefits and m
burdens set forth below:
a. Year 1 of Summit's operation in Collier County. Create 20 new full-time
equivalent jobs in Collier County by the first anniversary of the issuance of the Certificate of
Occupancy for the Facility.
b. Year 2 of Summit's operation in Collier County. Maintain the 20 new full-time
equivalent jobs created in Collier County in the first year of Summit's operation and create 20
additional full-time equivalent jobs in Collier County by the second anniversary of the issuance 'a
of the Certificate of Occupancy for the Facility;
Y
CO
c. Year 3 of Summit's operation in Collier County. Maintain the 40 new full-time a.
equivalent jobs created in Collier County in the first two years of Summit's operation and create
20 additional full-time equivalent jobs in Collier County by the third anniversary of the issuancea.
of the Certificate of Occupancy for the Facility; and
00
d. Year 4 of Summit's operation in Collier County. Maintain the 60 new full-time
equivalent jobs created in Collier County in the first 3 years of Summit's operation and create 20
additional full-time equivalent jobs in Collier County by the fourth anniversary of the issuance of
the Certificate of Occupancy for the Facility.
01
03
In all years the relocation of employees from Connecticut to Collier County will be
considered the creation of new jobs in Collier County. o.
E
4. Summit is hereby awarded an incentive of up to the sum of $150,000.00, N
0
representing $1,875.00 per new full-time equivalent job created, to be paid based on the v
Y
Summit's job creation in the first four years of operation as follows:
(a) On or shortly after the first anniversary of the issuance of the Certificate of
Occupancy for the Facility, the County Manager or his designee shall verify whether at least 20 a
new full-time equivalent jobs in Collier County have been created in Year 1 of Summit's
E
Page 3
16.F.4.a
16F 4
operation in Collier County. If verified, the County will pay Summit the first sum of$37,500 for
Year 1 job creation performance.
(b) On or shortly after the second anniversary of the issuance of the Certificate of
Occupancy for the Facility, the County Manager or his designee shall verify whether Summit
w
maintained the 20 new full-time equivalent jobs created in Collier County in Year 1 of Summit's c
operation and created an additional 20 new full-time equivalent jobs in Collier County in Year 2 a
of Summit's operation in Collier County. If verified, the County will pay Summit the sum of
$37,500 for Year 2 job creation performance.
r
(c) On or shortly after the third anniversary of the issuance of the Certificate of
Occupancy for the Facility, the County Manager or his designee shall verify whether Summit
maintained the 40 new full-time equivalent jobs created in Collier County in Years 1 and 2 of
Summit's operation and created an additional 20 new full-time equivalent jobs in Collier County
in Year 3 of Summit's operation in Collier County. If verified, the County will pay Summit the v
d
sum of$37,500 for Year 3 job creation performance. o
0
(d) On or shortly after the fourth anniversary of the issuance of the Certificate of o
42
Occupancy for the Facility, the County Manager or his designee shall verify whether Summit
03
maintained the 60 new full-time equivalent jobs created in Collier County in Years 1, 2, and 3 of Q
Summit's operation and created an additional 20 new full-time equivalent jobs in Collier County a
in Year 4 of Summit's operation in Collier County. If verified, the County will pay Summit the a.
sum of$37,500 for Year 4 job creation performance. c
5. Should at any time over the term of this Agreement the number of qualifying jobs is a
less then set forth in the payment schedule set forth above, for such payment period the County c
Manager or his designee will authorize a lesser sum be paid based on the actual number not to
exceed $1,875.00 per new full-time equivalent job created. This diminution of payment shall be
the County's sole remedy should Summit not meet the scheduled job creation performance
requirements. Summit understands and agrees that there is no defined funding source for this n
Project, and as such this incentive is subject to annual appropriation.
6. As a precondition to payment, Summit shall give the County reviewers full access a
to its business records and business premises as required to validate the created jobs. Summit
shall be given 10 business days prior written notice of this review. n.
7. This Agreement does not constitute a lien on the property and cannot be assigned or
transferred by Summit without the prior written consent from the County. °'
d
E
Page 4
16.F.4.a
16F
8. This Agreement will be in substantial breach upon the failure by Summit to operate
as
the expansion Facility as a surgical and medical instrument manufacturing company specified by
as
2012 (NAICS) Number 339112 or an equivalent Targeted Industry Business operation
acceptable to the County. Upon such breach, this Performance Incentive Agreement for Business
w
Location Inducement will automatically terminate, and neither party shall have any further c
L
obligation to the other.
0
L
Legal Matters
9. 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.
10. This Agreement constitutes the entire agreement between the parties with respect
to the activities noted herein and supersedes and takes the place of any and all previous
agreements entered into between the parties hereto relating to the transactions contemplated
herein. All prior representations, undertakings, and agreements by or between the parties hereto
with respect to the subject matter of this Agreement are merged into, and expressed in, this '°
co
Agreement, and any and all prior representations, undertakings, and agreements by and between
a
such parties with respect thereto hereby are canceled.
11. 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
CD
right, authority or power to bind any other party hereto to any agreement whatsoever. a.
co
Co
0
E
Remainder of Page Intentionally Blank
Signature Page to Follow
a
E
0
U
Y
0
4a
U
0
0
L
a
c
s
co
Page 5
16.F.4.a
1 6 F 4
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
d
year first above written. c
d
CS
c
c
Attest: o
CRYSTAL KINZEL;..Clerk BOARD OF COUNTY COMMISSIONERS
COLLIE OUNTY, FLO IDA 2
_ a`
-;
By: o
Attest asto Ctlainnan s..; t uty !t L. S0s►irdu5, Chairman
signature only. .
z
AS TO SUMMIT ORTHOPEDIC TECHNOLOGIES, INC., SUMMIT MANUFACTURING, a
LLC, .0
as
m
Signed, sealed and I'
' er in e presence of: c
0 0
Y _
nature._ II (n� onald F. Dunn, President c
>n -u �Q� y�t�LC � Summit Orthopedic Technologies, Inc. c`
0
Printe ame w
E
.a
S,i.gnat eco
hr,5 ioPhev My n 1, o 03
Printed Name a
Ii
a
STATE OF FLORIDA .a
COUNTY OF COLLIER a
31-3
00
The foregoing Agreement was acknowledged before me this day of o
T
K)0lejn6( , 201f�, by Ronald F. Dunn, President of Summit Orthopedic Technologies, z
Inc., who is personally known to me or has produced �t►del�5 Lices)Se . as proof of E
r 6�" LISSETT DE LA ROSA `
identity. s •" 03
°1
Y �� Notary Public D.
State of Florida
IV Commission#GG 940065 'a
`?* d my Comm.Expires Apr 12,2024 d
'" OFM1 O.
Bonded through National Notary Assn. l I ji te_.
03
rn
f).-'
[1` Signature of Person Taking Acknowledgment Q \,
. .... C.)
AC
co
Approved as to form and legality: em `"` - a
Agenda t.
S � Date llli a
L
Je r A. Belpedio \�
Q 1 Red d 1i -I'3eT.3 c
Assistant County Attorney Redd w1►�
` E
6 1
,,,„_Ty-iie,„ .._ .
Page 6 Q
16.F.4.a
16F 4
BASIC INDUSTRY GROWTH PROMOTION INCENTIVE d
PROGRAM DESCRIPTION& OVERVIEW
c
0
The Basic Industry Growth Promotion Incentive recognizes Collier County's desire for near term job
growth opportunities for expansions of local companies and recruiting new companies which might not o
L
qualify for the Qualified Targeted Industries(QTI)program. Basic industries,even those with wages a.
under QTI thresholds,tend to export a significant percentage of their product and as a result create net
new wealth and net new spending power in a local economy. Growth in those industries will help our 2
community's economic recovery.
Basic Industry Growth Incentive Program z
a
Collier County offers qualifying applicant's eligibility to the Basic Industry Growth Incentive for a grant
of$3,000 per job if the project creates at least 5 new jobs within 12 months in a Targeted Industry with
wages meeting or exceeding the Collier County average of the applicant's specific 3 digit North
American Industry Classification System industry code. Eligibility for a$500 per job bonus over the base
grant will apply to businesses that demonstrate energy efficiency,resource conservation,or environmental
sustainability in either the firm's operational process or products. Employers must meet Collier County's
program requirements regarding reporting compliance of average wage and job levels. To become v
eligible, applicants must apply prior to commitment of intent,or change in land use or permitting
applicants are approved. The BCC must approve all applicants, and all application forms,administrative
procedures and required proof of performance compliance will be developed by the County Manager or
designated staff. Only official forms and procedures are deemed sufficient for application to this `'
.Q
program. a
as
co
General Program Requirements a,
a
• Applications must be submitted in advance of public announcements or any permit approvals changing
usage or building occupancy related to the projected jobs. o
• In officially designated economically distressed areas the wage requirement is waived but Targeted Industry
a
is required. co
The new jobs and business must be a for profit business operating within Collier County and qualified `O
•
under the State's listed Target Industries,creating 5 new jobs within 12 months of the BCC application
approval.In addition,for existing firms,the net new jobs must be reflected as the increase of full-time
equivalents over the latest quarter prior to application.
• The level of new jobs and wages comprising the grant must be maintained and documented to be eligible ai
for the annual payment over the four(4)year term of the program. In addition,the applicant must agree to
provide sufficient evidence the new job and wage levels were maintained. -o
• Grant disbursements in four equal installments over four years as compliance for each year is verified. o.
Method of evidence verification will be based on records such as:IRS Form 941,Payroll Records,and a cEo
Florida Department of Economic Opportunity Form RT-6(Formerly UCT-6)for each new employee or an
acceptable equally reliable substitute. 0
• Each new employee hire must be either a full time employee working an average of 36 hours per week,or
business will be allowed to count two employees working a minimum of 20 hours per week as one full time
equivalent employee as long as these employees are eligible to receive full benefits. a
a,
m
16.F.4.a
16F 4
w
c
BASIC Industry Growth Promotion
cu
Program Name c
c
0
Type Grant o
Award Made to Whom Qualified Target Industry Employers o
Wage requirement Pegged to the Collier County Avg a
. ;.:. Wage for the 3 Digit North American =
Industry Code(NAICS) a
Number of Jobs Required 5 0
:Capital Investment Requirement No y
Expandable for Later Year Jobs Yes, up to two times the number of jobs =
applied for during the initial four year o
1z ' -*iv participation term.
Available to Exlstng Industry Yes each of the new Jobs lasting Four co
m
years are eligible.
Available to New Industry Yes each of the new Jobs lasting Four c
years are eligible. o
Available for Retention No `m
Amount of Award $3,000 base,with a $500 Green o
Product/Process Bonus U
Payout Schedule Paid in installments over four(4) years .°
Specified Use of Funds None c
m
Local Support Required Yes- 100% paid by the County if jobs c3
are located in Unincorporated Collier °'
a
County. as
co
"But For Incentive Applications must be submitted in d
a.
advance of public announcements or
any permit applications changing usage cu
or building occupancy related to the o
- - ' projected jobs a
Eligible Industries/Business Economic Base Industries defined as m
Activities Qualified Targeted Industries by o
Enterprise Florida Inc.
Ineligible Activity Any retail activities, elect. utility c a)
company, or phosphate or solid E
minerals severance, mining or i
processing operation. C)
co
Distressed Area Exception Wage requirement waived but qualified n
industry is required in designated E
economically distressed areas. co
U)
0
Contact Collier County Business& Economic Q
V
Development Office (239)252-4040.
co
a,
o-
r.)
a)
0
a
r
c
a)
E
.c
U
co
r
Q
1 6.F.4.a
16F 4
4-
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 I ithday of Nam a
, 2019, by and between Collier County, a political subdivision of the State of Florida,
0
through its Board of County Commissioners (hereinafter referred to as the "County"), and
Summit Orthopedic Technologies, Inc., a Connecticut Corporation, authorized to transact N
business in the State of Florida(hereinafter jointly referred to as "Summit").
N
RECITALS: 0°
c
WHEREAS, Collier County enjoys broad Home Rule Powers, which include the v°
d
authority to enter into agreements to enhance economic development within the County; and o
WHEREAS, Florida Statute Sec. 125.045 expressly provides that "The governing body
of a county may expend public funds to attract and retain business enterprises, and the use of
a
0.
public funds toward the achievement of such economic development goals constitutes a public
AC
purpose. The provisions of this chapter which confer powers and duties on the governing body of a
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 a`
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
an
enterprises for the expansion of businesses existing in the community or the attraction of new a
businesses to the community;" and
WHEREAS, Collier County created the Basic Industry Growth Promotion Incentive v
("BIGPI") Program on September 24, 2013, with revisions on January 13, 2015, the objective of
a.
which is to advance Collier County's economy by encouraging near term job growth
a)
opportunities for expansions and recruiting new target industry companies that might not qualify o
for the State of Florida's incentive program for Qualified Target Industries (QTI)program; and
d
E
�= o
Pagel
16.F.4.a
16F 4
WHEREAS, Summit has applied for a financial incentive for the inducement of
a�
confidential project "Peak," and c
d
_
WHEREAS, Summit is in the process of relocating the company from its current real
property location at 294 Quarry Road, Milford, Connecticut 06460 to a location at 2975 S E
0
Horseshoe Drive, Naples, Collier County, Florida("Facility"); and a`
WHEREAS, Summit is presently remodeling and preparing Facility to expand its
operations into Collier County; and ''
WHEREAS, Facility will require interior finish build out and the equipping of
approximately 15,000 square feet of unfinished manufacturing and office space ("Project") from ca
which Summit will operate its surgical and medical instrument manufacturing company as
0
defined by North American Industry Classification System, 2012 (NAICS) Number 339112. v
d
The project's operation and directly related employment will be in support of the diversification
c.)
of Collier County's economy and growth in high technology jobs for Collier Citizens; and w
w
WHEREAS, the Board expressly finds that the opening of Facility and development of
the Project will result in substantial economic benefits to the County, including but not limited to
the creation of higher wage jobs and a net increase to the County's tax base, and that such
a
economic benefits will flow to the County as a result of Summit's operations; and
0
L
a
WHEREAS, Collier County finds it is in the public interest to facilitate the growth of
Summit's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier County
and approve Summit as a qualified applicant to the Collier County Basic Industry Growth c
Promotion Incentive Program; and
ea
WHEREAS, The Florida Department of Economic Opportunity issued a Preservation of
tzu
o.
Inducement letter ("LPI") on March 11, 2019, which acknowledges the competitive nature of
co
attracting Summit to Florida and the need for Summit to proceed with the project before the local 0
community has approved local financial support. The LPI provided that the actions in v
as
furtherance of the project "including, without limitation, leasing or purchasing real or personal a
property, incurring construction expenses, and hiring employees will not affect the Company's
0
L
eligibility". a
GP
Page 2
16.F.4.a
16F 4
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: c
c
0
1. The foregoing Recitals are true and correct and are incorporated by reference
herein. a`
2. The Board hereby agrees to enroll Summit into the BIGPI Program a copy of
which is attached hereto and incorporated into this Agreement. As adopted, the Program and
agreement provides that Summit's demonstrated job creation performance would be eligible for
payments for up to 80 new full-time equivalent jobs. 0
3. In consideration for such assistance, Summit hereby accepts the benefits and
burdens set forth below:
a. Year 1 of Summit's operation in Collier County. Create 20 new full-time
equivalent jobs in Collier County by the first anniversary of the issuance of the Certificate of a�
Occupancy for the Facility.
b. Year 2 of Summit's operation in Collier County. Maintain the 20 new full-time°,
equivalent jobs created in Collier County in the first year of Summit's operation and create 20 v
additional full-time equivalent jobs in Collier County by the second anniversary of the issuance
of the Certificate of Occupancy for the Facility; n
.
03
c. Year 3 of Summit's operation in Collier County. Maintain the 40 new full-time a
equivalent jobs created in Collier County in the first two years of Summit's operation and create d
20 additional full-time equivalent jobs in Collier County by the third anniversary of the issuance .o
a.
of the Certificate of Occupancy for the Facility; and
co
d. Year 4 of Summit's operation in Collier County. Maintain the 60 new full-time
equivalent jobs created in Collier County in the first 3 years of Summit's operation and create 20
additional full-time equivalent jobs in Collier County by the fourth anniversary of the issuance of
the Certificate of Occupancy for the Facility. d
In all years the relocation of employees from Connecticut to Collier County will be CO
considered the creation of new jobs in Collier County.
4. Summit is hereby awarded an incentive of up to the sum of $150,000.00,
0
representing $1,875.00 per new full-time equivalent job created, to be paid based on the
Summit's job creation in the first four years of operation as follows:
(a) On or shortly after the first anniversary of the issuance of the Certificate of
Occupancy for the Facility, the County Manager or his designee shall verify whether at least 20 a
new full-time equivalent jobs in Collier County have been created in Year 1 of Summit's
E
CL
Page 3
16.F.4.a
16F 4
operation in Collier County. If verified, the County will pay Summit the first sum of$37,500 for
as
Year I job creation performance.
(b) On or shortly after the second anniversary of the issuance of the Certificate of
Occupancy for the Facility, the County Manager or his designee shall verify whether Summit
maintained the 20 new full-time equivalent jobs created in Collier County in Year 1 of Summit's c
operation and created an additional 20 new full-time equivalent jobs in Collier County in Year 2
of Summit's operation in Collier County. If verified, the County will pay Summit the sum of
$37,500 for Year 2 job creation performance.
(c) On or shortly after the third anniversary of the issuance of the Certificate of a
Occupancy for the Facility, the County Manager or his designee shall verify whether Summit
y
maintained the 40 new full-time equivalent jobs created in Collier County in Years 1 and 2 of m
Summit's operation and created an additional 20 new full-time equivalent jobs in Collier County
in Year 3 of Summit's operation in Collier County. If verified, the County will pay Summit the v
sum of$37,500 for Year 3 job creation performance. o
0
(d) On or shortly after the fourth anniversary of the issuance of the Certificate of `o
Occupancy for the Facility, the County Manager or his designee shall verify whether Summit 6
maintained the 60 new full-time equivalent jobs created in Collier County in Years 1, 2, and 3 of Q
Summit's operation and created an additional 20 new full-time equivalent jobs in Collier County a
a)
in Year 4 of Summit's operation in Collier County. If verified, the County will pay Summit the
sum of$37,500 for Year 4 job creation performance.
5. Should at any time over the term of this Agreement the number of qualifying jobs is a
less then set forth in the payment schedule set forth above, for such payment period the County c
Manager or his designee will authorize a lesser sum be paid based on the actual number not to
exceed $1,875.00 per new full-time equivalent job created. This diminution of payment shall be
the County's sole remedy should Summit not meet the scheduled job creation performance
requirements. Summit understands and agrees that there is no defined funding source for this a
Project, and as such this incentive is subject to annual appropriation.
6. As a precondition to payment, Summit shall give the County reviewers full access a
to its business records and business premises as required to validate the created jobs. Summit
shall be given 10 business days prior written notice of this review. a
7. This Agreement does not constitute a lien on the property and cannot be assigned or o
transferred by Summit without the prior written consent from the County. °'
E s�
�o
Page 4 Q
16.F.4.a
I6F 4
8. This Agreement will be in substantial breach upon the failure by Summit to operate
the expansion Facility as a surgical and medical instrument manufacturing company specified by
2012 (NAICS) Number 339112 or an equivalent Targeted Industry Business operation
acceptable to the County. Upon such breach, this Performance Incentive Agreement for Business
w
Location Inducement will automatically terminate, and neither party shall have any further c
L
obligation to the other.
0
Legal Matters
9. Except as otherwise provided herein, this Agreement shall only be amended by c
mutual written consent of the parties hereto or by their successors in interest.
10. This Agreement constitutes the entire agreement between the parties with respect
to the activities noted herein and supersedes and takes the place of any and all previous
c.)
agreements entered into between the parties hereto relating to the transactions contemplated
herein. All prior representations, undertakings, and agreements by or between the parties hereto
L
with respect to the subject matter of this Agreement are merged into, and expressed in, this
w
Agreement, and any and all prior representations, undertakings, and agreements by and between
such parties with respect thereto hereby are canceled. co
Y
11. Nothing contained herein shall be deemed or construed to create between or 0-
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. a
co
(o
0
_
d
E
Remainder of Page Intentionally Blank
a)
to
Signature Page to Follow o
0.
E
to
N
0
V
A
d
a
0
d
L
a
U\I E
r
so
Page 5
16.F.4.a
16F 4
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
7
year first above written. c
d
c
Attest: co
CRYSTAL KIN2EL;.C1erk BOARD OF COUNTY COMMISSIONERSo
COLLIER OUNTY, FLO IDA 22
By: By. o
D ty Cle L. rs, Chairman
Attest as taChairritarvs-signature only. - r
N
c
AS TO SUMMIT ORTHOPEDIC TECHNOLOGIES, INC., SUMMIT MANUFACTURING, c
LLC, 0
y
CV
Signed, sealed and m
elivered the presence of: c
0
y: ,/� 67---7 , c.)
/" Si ture , R nald F. •Dunn, President c
V1 nc Ug-2�t oAl _i Summit Orthopedic Technologies, Inc. =o
Print d arms '°
w
c
t0
0
a
S' nature 0.
kris kqker 1\16n1c 110 -CO
NC
Printed Name 41
a.
Is
d
STATE OF FLORIDA 'a
COUNTY OF COLLIER a.
La
•The foregoing Agreement was acknowledged before me this '-I day of o
,VdUery1`?2{ , 20W, by Ronald F. Dunn, President of Summit Orthopedic Technologies, c
2.12 d
Inc., who is personally known to me or has produced slAVe , \,� S L;Ce‘iis. as proof of d
-" L
v"i` LISSETT DE LA ROSA p)
identity. 1 'i' s<
�`: Notary Public-State of Florila 1
=. RI
Commission 4 GG 940065 a
p: d
`''�oF tiP'` My Comm.Expires Apr 12,2024 f Q.
Bonded throw h National Notary Assn. /f 44 z 0 i
co
Signatu of Person Takin Acknowledgment a
!tent# t ,Il' U
` at
proved as to form and legality: f n.
r
C) \ 0 `\C\ Agenda ' I,al q d
9) S Cate I o
J fer A. Belpedio C,•Ja'� a
Assistant County Attorney N0 "` 4Ii
C"rp4(Clerk r
Page 6 Q
is
1 6.F.4.a
v
BASIC INDUSTRY GROWTH PROMOTION INCENTIVE c
PROGRAM DESCRIPTION& OVERVIEW
_
0
The Basic Industry Growth Promotion Incentive recognizes Collier County's desire for near term job
growth opportunities for expansions of local companies and recruiting new companies which might not c
L
qualify for the Qualified Targeted Industries(QTI)program. Basic industries,even those with wages n.
under QTI thresholds,tend to export a significant percentage of their product and as a result create net =
new wealth and net new spending power in a local economy. Growth in those industries will help our 2
community's economic recovery.
a"
r
Basic Industry Growth Incentive Program ,a
Collier County offers qualifying applicant's eligibility to the Basic Industry Growth Incentive for a grant U
of$3,000 per job if the project creates at least 5 new jobs within 12 months in a Targeted Industry with m
wages meeting or exceeding the Collier County average of the applicant's specific 3 digit North ,
American Industry Classification System industry code. Eligibility for a$500 per job bonus over the base
grant will apply to businesses that demonstrate energy efficiency,resource conservation,or environmental
sustainability in either the firm's operational process or products. Employers must meet Collier County's
program requirements regarding reporting compliance of average wage and job levels. To become
eligible, applicants must apply prior to commitment of intent,or change in land use or permitting
applicants are approved. The BCC must approve all applicants, and all application forms,administrative .°
procedures and required proof of performance compliance will be developed by the County Manager or
designated staff. Only official forms and procedures are deemed sufficient for application to this
program. aa
co
General Program Requirements
a.
• Applications must be submitted in advance of public announcements or any permit approvals changing
usage or building occupancy related to the projected jobs.
In officially designated economically distressed areas the wage requirement is waived but Targeted Industry a
• is required. m
• The new jobs and business must be a for profit business operating within Collier County and qualified
under the State's listed Target Industries,creating 5 new jobs within 12 months of the BCC application
approval.In addition,for existing firms,the net new jobs must be reflected as the increase of full-time c
equivalents over the latest quarter prior to application.
• The level of new jobs and wages comprising the grant must be maintained and documented to be eligible 0.3
T.
for the annual payment over the four(4)year term of the program. In addition,the applicant must agree to
ca
provide sufficient evidence the new job and wage levels were maintained. -a
• Grant disbursements in four equal installments over four years as compliance for each year is verified. a
Method of evidence verification will be based on records such as:IRS Form 941,Payroll Records,and a co
Florida Department of Economic Opportunity Form RT-6(Formerly UCT-6)for each new employee or an
acceptable equally reliable substitute. 0
• Each new employee hire must be either a full time employee working an average of 36 hours per week,or
business will be allowed to count two employees working a minimum of 20 hours per week as one full time
equivalent employee as long as these employees are eligible to receive full benefits. I
11 6 F 4
16.F.4.a
i
>
42
74t,,, BASIC Industry Growth Promotion oProgram Name c
c
0
Type Grant o
Award Made to Whom Qualified Target Industry Employers o a`
Wage requirement Pegged to the Collier County Avg
Wage for the 3 Digit North American r
Industry Code(NAICS) o
i
Number of Jobs Required 5 0
Capital Investment Requirement No a
Tii
Expandable for Later Year Jobs Yes, up to two times the number of jobs =
applied for during the initial four year c
participation term. o
en
Available to Exlstng Industry Yes each of the new Jobs lasting Four ca
m
years are eligible. >,
Available to New Industry Yes each of the new Jobs lasting Four c
years are eligible. o
U
Available for Retention No `m
Amount of Award $3,000 base,with a $500 Green c
Product/Process Bonus U
L
Payout Schedule Paid in installments over four(4) years �°
Specified Use of Funds None C
Local Support Required Yes- 100% paid by the County if jobs
are located in Unincorporated Collier a
County. ca
CO
"But For"Incentive Applications must be submitted in n.
advance of public announcements or
1.1
any permit applications changing usage m
or building occupancy related to the .o
projected jobs a.
coEligible Industries/Business Economic Base Industries defined as m
Activities Qualified Targeted Industries by c
T
Enterprise Florida Inc.
Ineligible Activity Any retail activities,elect. utility =
m
company, or phosphate or solid E
,��r -' ,n � minerals severance, mining or a)
4 '- processing operation. _'+
as
Distressed AreaException Wage requirement waived but qualified n
industry is required in designated E
economically distressed areas. al
u)
0
Contact Collier County Business& Economic QO
Development Office(239)252-4040. _v
ca
m
a
r
)
0
L
a
r
m
E
s
c>
1.13,
a