Backup Documents 07/12/2016 Item #16F10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16F 10
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office (oy
4k V5/ 7-91-1(1?
4. BCC Office Board of County 1
Commissioners V `tz`aX
5. Minutes and Records Clerk of Court's Office ---�v
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 Phone Number
Contact/ Department �1 CQ, -��� �y-�- Lf 040
Agenda Date Item was / Agenda Item Number ""
Approved by the BCC 7 ' —�(4i )1 s. F. 1 U
Type of Document Number of Original
Attached (' Y`\ 104,P Documents Attached I ✓
PO number or account
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) Applicable)
1. Does the document require the chairman's original signature? .5\--AK, QK OA-
2. Does the document need to be sent to another agency for additional signatures? If yes, NIA-
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 61( 65
signed by the Chairman,with the exception of most letters,must be reviewed and signed J��
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
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 14
n
document or the final negotiated contract date whichever is applicable. 1`� f�
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's .7419
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N�A
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 7-0.4j nd all changes made during the jJ. b
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable. '}
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. qt_V
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 10
MEMORANDUM
Date: August 2, 2016
To: Jace Kentner
Office of Business & Economic Development
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Local Contribution Agreement w/Arthrex, Inc.
Attached, for your records is a certified copy of the document referenced
above, (Agenda Item #16F10) adopted by the Board of County
Commissioners on Tuesday, July 12, 2016.
If you should have any questions, please call 252-8411.
Thank you.
Attachment
1 6 F 0
LOCAL CONTRIBUTION AGREEMENT
This Agreement for local contribution (hereinafter referred to as "Agreement") is entered
into this 19 -day of July, 2016, 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 Arthrex, Inc., a Delaware corporation (hereinafter jointly referred to as "Arthrex"
or "Company"), and Arthrex Manufacturing, Inc., ("Subsidiary Closing Fund Awardee") and
Affiliate Closing Fund Awardee (as such terms are hereinafter defined) ( collectively with the
Company, the "Closing Fund Awardee").
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 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
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, Arthrex has proposed expanding its corporate headquarters in Naples,
Collier County, Florida ("Project"). The Project will create 560 new jobs in Collier County,
Florida, that will provide high-wage, value-added employment to Collier County citizens with an
average annual wage of$54,000 and average annual benefits of$17,000. The estimated capital
investment is $63,350,000 million dollars. Arthrex is a high tech medical device manufacturer
consistent with North American Industry Classification System (NAICS) 339113. The Project's
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16F I0
operation and directly related employment support diversification of Collier County's economy
and growth in high technology jobs for Collier Citizens; and
WHEREAS, Arthrex has identified alternative sites available in other States and has
made receipt of the Quick Action Closing Fund incentive a condition for further consideration of
locating the Project at a Collier County site; and
WHEREAS, the County expressly finds that the Project will result in substantial
economic benefits to the County, including but not limited to the creation of high wage jobs and
an increase to the County's tax base, and that such economic benefits will continue to flow to the
County as long as Arthrex remains open, as measured by continued operation and annual
payment of its local tax liabilities; and
WHEREAS, Collier County finds it is in the public interest to facilitate the growth of
Arthrex's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier County and
provide support of Arthrex; and
WHEREAS, based on the Arthrex's Application and the Quick Action Closing Fund
attachment to the Application and any amendments thereto ( collectively, the "Application")
submitted by or on behalf of the Company (in such capacity, the "Applicant"), the Florida
Division of Strategic Business Development of the Florida Department of Economic Opportunity
("DSBD") recommended Applicant to the Governor of the State of Florida for an award from the
Quick Action Closing Fund (the "Closing Fund") pursuant to Section 288.1088 of the Florida
Statutes, which the Governor approved as of June 27, 2016 following the expiration of the
legislative consultation period pursuant to Section 288.1088(3)(c)(3) of the Florida Statutes (the
"Approval Date"); and
WHEREAS, DSBD and Arthrex entered into a Quick Action Closing Fund Agreement
on June 28, 2016 ("QACF Agreement"). The QACF Agreement is subject to confidentiality for
a period of days after execution. Upon the expiration of the confidentiality of the QACF
Agreement it shall become Exhibit A hereto; and
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1 6F 1 0
WHEREAS, the Closing Fund program has requested that Collier County provide a local
contribution or local match of up to $600,000, 24% of DSBD's $2,500,000 for a total Closing
Fund related incentive of$3,100,000. This local match is paid to Applicant, not the state.
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 QACF Agreement provides for a number of performance based Award
Payments by the State to Arthrex. Arthrex shall provide County a copy of proof of each of these
Award Payments. Within 30 days of receipt of such proof, the County shall provide Arthrex
with a payment equal to 24% of the Award Payment, with total payments under this agreement
by the County not to exceed $600,000.
3. The County shall rely on the State's issuance of each Award Payment as proof
that Arthrex has met all of the required terms and conditions under the QACF Agreement, and no
further proof that Arthrex has met these terms and conditions will be required by the County.
4. This Agreement will terminate upon the termination of the State Agreement, and
in such an event, neither party will have any further obligation to the other.
5. Arthrex understands and agrees that there is no defined funding source for this
Project, and as such these grants are subject to annual appropriation.
6. Jobs created to fulfill the requirements of the Quick Action Closing Fund
incentive under this and the QACF Agreement may not be used to fulfill the requirements of the
Job Creation Investment Program Agreement or any other incentive program with Collier
County.
Legal Matters
7. This Agreement shall not constitute a lien on the property.
8. 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.
9. 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
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161:
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.
10. 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. This
Agreement is personal to Arthrex, and as such cannot be assigned or transferred by Arthrex
without the prior written consent from the County.
11. This Agreement shall be governed by and construed under the laws of the State of
Florida. In the event of any dispute under this Agreement, the parties shall attempt to resolve
such dispute first by means of the County's then-current Alternative Dispute Resolution
Procedure, if any. Following the conclusion of such procedure, if any, either party may file an
action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this
Agreement, and remedy being cumulative with any and all other remedies available to the parties
for the enforcement of the Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Atte sti
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLI I COUNTY, LORIDA
liN •,, �'�'
ESt at(1- hah' vSeputy Clerk Ch.irman Donna Fiala,
tr'attire.Qfl y. District 1 Commissioner
iI
Approv . it I orm and legality:
.4114 i
litaa
Jeffrey K tzkow, County Attorney
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T
AS TO ARTHREX, INC., ARTHREX MANUFACTURING, INC.,
16F I 0
Signed, sealed and
Delivered in the presence of:
�4�. By:
ignature Dan Hall, Vice President of Shareholder Services
Printed Name
Signat
e..411tl Crlc_f t
Printedcame
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this;;75k.' day of July, 2016, by
Dan Hall, who is personally known to me or has produced as proof
of identity.
[NOTARIAL SEAL]
Signature of Person Taking Acknowledgment
�o� :•p�,% ARACELIS DELVALLE
* t= * MY COMMISSION#FF 164559
EXPIRES:September 30,2018
F 09, Bonded Thru Budget Notary Services
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