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Backup Documents 01/28/2025 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 6 A 8 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. Priscilla Doria Housing Policy & Economic PD 01/09/2025 Development 3 County Attorney Office County Attorney Office ()CS. �, 4. BCC Office Board of County Commissioners 05 � f/9(( 43/45 5. Minutes and Records Clerk of Court's Office Z�3 I IA 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 Priscilla Doria Phone Number 239-252-2413 Contact/Department Agenda Date Item was January025 Agenda Item Number 16.A.11 Approved by the BCC /6-A-? Type of Document Agreement with ArborX,Inc.(9-pages) Number of Original 1 Attached Documents Attached PO number or account Email Fully executed copy to: number if document is Priscilla.DoriaAcolliercountyfl.gov to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 PD 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 N/A 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 PD 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 PD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 2025 and all changes made during the meeting have been incorporated in the attac d document. The County 00 _ cur Attorney's Office has reviewed the changes,if ap licable. 9. Initials of attorney verifying that the attached docu ent is the version approved by the BCC,all changes directed by the BCC have been m e,and the document is ready for the ppr tip Chairman's signature. '1 =, L� 6 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A8 BASIC INDUSTRY GROWTH PROMOTION INCENTIVE PROGRAM AGREEMENT This Agreement for Basic Industry Growth Promotion Incentive (`BIGPI") Program ("Agreement") is entered into this a'day of 3 J UA Al 2025, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners (the "Board"), whose address is do County Attorney's Office, 3299 Tamiami Trail E, Suite 800, Naples, FL 34112, and ArborX, Inc. ("ArborX"), whose address is 1793 Winding Oaks Way,Naples, FL 34109. RECITALS: WHEREAS, Collier County enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within the County; and WHEREAS, Florida Statutes section 125.045(2)—(3) expressly provides that "[t]he governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county, must be liberally construed in order to effectively carry out the purposes of this section;" and further that "it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community"; and WHEREAS, Collier County created the Basic Industry Growth Promotion Incentive (BIGPI) Program on September 24, 2013, with revisions on January 13, 2015, the objective of which is to advance Collier County's economy by encouraging near term job growth opportunities for expansions and recruiting new target industry companies that might not qualify for the State of Florida's incentive program for Qualified Target Industries (QTI)program; and [24-CMD-00195/1905634/1] Page 1 of 6 CAO 16A8 WHEREAS, ArborX has applied for a financial incentive for the confidential Project named "CARBO"; and WHEREAS, ArborX is in the process of expanding the company from its current real property location at 1793 Winding Oaks Way Naples, FL 34109 to a location at 2951 SR 29, Collier County, Florida 34142 (the "Facility"); and WHEREAS, ArborX is presently preparing the Facility to expand its operations into Collier County; and WHEREAS, ArborX was approved for participation in the Collier County Fast Track Program under Ordinance No. 2016-247 on September 25, 2024; and WHEREAS, the Facility will require purchasing land, equipment, and site construction services on approximately 15 agricultural acres to process clean wood debris, manufacture biochar, mix biochar to custom specifications, and create carbon credits ("Project") from which ArborX will operate its All Other Miscellaneous Wood Product Manufacturing company as defined by North American Industry Classification System, 2017 (NAICS) Number 321999. The Project's operation and directly related employment will be in support of the diversification of Collier County's economy and growth in high technology and environmentally sustainable jobs for Collier Citizens; and WHEREAS, the Board expressly finds that the opening of the Facility and development of the Project will result in economic benefits to the County, including but not limited to the creation of above-average market wage jobs, increase to the County's tax base, and environmental benefits through waste diversion from municipal solid waste disposal facilities, and that such economic and environmental benefits will flow to the County as a result of ArborX's operations; and WHEREAS, the Board finds it is in the public interest to facilitate the growth of ArborX's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier County and approve ArborX as a qualified applicant to the Collier County Basic Industry Growth Promotion Incentive Program. [24-CMD-00195/1905634/1] Page 2 of 6 OAp 16A8 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 ArborX into the BIGPI Program, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. As adopted, the Program and Agreement provides that ArborX's demonstrated job creation performance would be eligible for payments for up to 14 new full-time equivalent jobs paying at least $50,654.00 annually. 3. In consideration for such assistance, ArborX hereby accepts the benefits and burdens set forth below: a. Year 1 of ArborX's operation in Collier County. Create 5 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 ArborX's operation in Collier County. Maintain the 5 new full-time equivalent jobs created in Collier County in the first year of ArborX's operation and create 3 additional full-time equivalent jobs in Collier County by the second anniversary of the issuance of the Certificate of Occupancy for the Facility; c. Year 3 of ArborX's operation in Collier County. Maintain the 8 new full-time equivalent jobs created in Collier County in the first two years of ArborX's operation and create 4 additional full-time equivalent jobs in Collier County by the third anniversary of the issuance of the Certificate of Occupancy for the Facility; d. Year 4 of ArborX's operation in Collier County. Maintain the 12 new full-time equivalent jobs created in Collier County in the first 3 years of ArborX's operation and create 2 additional full-time equivalent jobs in Collier County by the fourth anniversary of the issuance of the Certificate of Occupancy for the Facility; and e. Year 4 of ArborX's operation in Collier County. ArborX will pay to the County a contribution of $5,000 towards local Municipal Solid Waste Disposal by the fourth anniversary of the issuance of the Certificate of Occupancy for the Facility. 4. ArborX is hereby awarded an incentive of up to the sum of $49,000.00, representing $3,500.00 per new full-time equivalent job created, to be paid based on the ArborX'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 their designee shall verify whether at least 5 new full-time equivalent jobs in Collier County have been created in Year 1 of ArborX's [24-CMD-00195/1905634/1] Page 3 of 6 0 I6A8 operation in Collier County. If verified, the County will pay ArborX the first sum of $17,500 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 their designee shall verify whether ArborX maintained the 5 new full-time equivalent jobs created in Collier County in Year 1 of ArborX's operation and created an additional 3 new full-time equivalent jobs in Collier County in Year 2 of ArborX's operation in Collier County. If verified, the County will pay ArborX the sum of$10,500 for Year 2 job creation performance. c. On or shortly after the third anniversary of the issuance of the Certificate of Occupancy for the Facility, the County Manager or their designee shall verify whether ArborX maintained the 8 new full-time equivalent jobs created in Collier County in Years 1 and 2 of ArborX's operation and created an additional 4 new full-time equivalent jobs in Collier County in Year 3 of ArborX's operation in Collier County. If verified, the County will pay ArborX the sum of$14,000 for Year 3 job creation performance. d. On or shortly after the fourth anniversary of the issuance of the Certificate of Occupancy for the Facility, the County Manager or their designee shall verify whether ArborX maintained the 12 new full-time equivalent jobs created in Collier County in Years 1, 2, and 3 of ArborX's operation and created an additional 2 new full-time equivalent jobs in Collier County in Year 4 of ArborX's operation in Collier County. If verified, the County will pay ArborX the sum of$7,000 for Year 4 job creation performance. 5. Should at any time over the term of this Agreement the number of qualifying jobs be less then set forth in the payment schedule set forth above, for such payment period, the County Manager or their designee will authorize a prorated sum be paid, based on the actual number of employees, not to exceed $3,500.00 per new full-time equivalent job created. This diminution of payment shall be the County's sole remedy should ArborX not meet the scheduled job creation performance requirements. ArborX understands and agrees that there is no defined funding source for this Project, and as such this incentive is subject to the Board's annual appropriation. 6. As a precondition to payment, ArborX shall give the County Manager or their designee full access to its business records and business premises as required to validate the created jobs. ArborX shall be given 10 business days prior written notice of this review. 7. This Agreement does not constitute a lien on the property and cannot be assigned or transferred by ArborX without the prior written consent from the Board. 8. This Agreement will be in substantial breach upon the failure by ArborX to operate the expansion Facility as an All Other Miscellaneous Wood Product Manufacturing company specified by 2017 (NAICS) Number 321999 or an equivalent Targeted Industry Business [24-CMD-00195/1905634/1] Page 4 of 6 CAO 1 6 A 8 operation acceptable to the Board. Upon such breach, this Performance Incentive Agreement will automatically terminate, and neither party shall have any further obligation to the other. 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 Agreement, and any and all prior representations, undertakings, and agreements by and between 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 right, authority or power to bind any other party hereto to any agreement whatsoever. IN WITNESS WHEREOF,the Parties have entered into this Agreement on the date and year first above written. ATTEST: ,. ' BOARD OF COUNTY COMMISSIONERS C.YSTAL/ . KINZEL, CLERK COLLIER COUNTY, FLORIDA ,..B :` � By: I i Deputy Clerk B . Saunders, Chairman `4,Ju tr!e €ias to Cno„rran's +9 ..L >$ipnatUfe ohiy Appr d as to form and legality: ItIVINj IC).4"-'\r Derek D. Perry Assistant County Attorney [ArborX Signature Page to Follow] [24-CMD-00195/1905634/1] Page 5 of 6 CAa 16A8 WITNESSES: AS TO ARBORX ARBORX, INC. Wi ss #1 ignature L B : C; 4.4`'z---- - fitness#1 Printed Name Christopher W. Borgeson, President Witness#2 Signature vr; N 0.itn1r Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me by physical presence this ct day of b. . C- 200(by Christopher W. Borgeson, as President of ArborX, Inc., who ❑ is personally known to me or t✓71 s produced 'FL.1DL- as proof of identity. Leigh Anne Ctimaco Notary Sig ature Notary Public'-State of Florida _% ki Commission#HH 277861 lel My Comm.Expires Aug.26,x02b �`5 - - ---`-`"'' Notary Printed Name 124-CMD-00195/1905634/11 Page 6 of 6 em i6A 8 Exhibit "A" BIGPI Program CAS 16A8 BASIC INDUSTRY GROWTH PROMOTION INCENTIVE PROGRAM DESCRIPTION& OVERVIEW 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 qualify for the Qualified Targeted Industries(QTI)program. Basic industries, even those with wages 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 community's economic recovery. Basic Industry Growth Incentive Program 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 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. General Program Requirements • 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 is required. • 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 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 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. • Grant disbursements in four equal installments over four years as compliance for each year is verified. Method of evidence verification will be based on records such as:IRS Form 941,Payroll Records,and a Florida Department of Economic Opportunity Form RT-6(Formerly UCT-6)for each new employee or an acceptable equally reliable substitute. • 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. C:90 16A8 BASIC Industry Growth Promotion Program Name Type Grant Award Made to Whom Qualified Target Industry Employers Wage requirement Pegged to the Collier County Avg Wage for the 3 Digit North American Industry Code (NAICS) Number of Jobs Required 5 Capital Investment Requirement No Expandable for Later Year Jobs Yes, up to two times the number of jobs applied for during the initial four year participation term. Available to Existng Industry Yes each of the new Jobs lasting Four years are eligible. Available to New Industry Yes each of the new Jobs lasting Four years are eligible. Available for Retention No Amount of Award $3,000 base, with a $500 Green Product/Process Bonus Payout Schedule Paid in installments over four(4) years Specified Use of Funds None Local Support Required Yes- 100% paid by the County if jobs are located in Unincorporated Collier County. "But For" Incentive Applications must be submitted in advance of public announcements or any permit applications changing usage or building occupancy related to the projected jobs Eligible Industries/Business Economic Base Industries defined as Activities Qualified Targeted Industries by Enterprise Florida Inc. Ineligible Activity Any retail activities, elect. utility company, or phosphate or solid minerals severance, mining or processing operation. Distressed Area Exception Wage requirement waived but qualified industry is required in designated economically distressed areas. Contact Collier County Business & Economic Development Office (239) 252-4040.