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Backup Documents 09/27/2016 Item #16F 6 ORIGINAL DOCUMENTS ALL ORIGINAL DOCUMENTS T TO L 6 TO ACCOMPANY r 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. 3. County Attorney Office County Attorney Office H( A- C- . - 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office ot i t trl 3'0� m . 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 I� Contact/ Department {��� . E,'( - [ 0 40 Agenda Date Item was Agenda Item Number / Approved by the BCC C ^t 7 _I I (/.0 t �v V Type of Document Number of Original Attached `�I' ►7'l e't f' Documents Attached 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? 3-K 2. Does the document need to be sent to another agency for additional signatures? If yes, ) provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. I/ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed -7-1<- 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 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 signature and initials are required. .- K 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. 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 t- ,7-tL and all changes made during the meeting have been incorporated in the attached document. The County Attorney's cr�C, 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 - Chairman's signature. 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 6 MEMORANDUM Date: January 11, 2017 To: Jace Kentner Office of Business & Economic Development From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Advanced Long-Term Productivity Strategy Program Agreement Attached, for your records is an original of the document referenced above, (Agenda Item #16F6) adopted by the Board of County Commissioners on Tuesday, September 27, 2016. If you should have any questions, please call 252-8411. Thank you. Attachment 16F 6 ADVANCED LONG-TERM PRODUCTIVITY STRATEGY PROGRAM AGREEMENT This. Agreement for Advanced Long-term Productivity Str egy Program ("ALPS") Program referred to as"Agreement")is entered into.this�7th .da . of September, �' (hereinafter �' ) y p 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 Project Ice, a corporation (hereinafter referred to as"Project Ice"). 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, Sections 125.045(2) and (3), Florida Statutes, expressly provide 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;" andfurther 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 expansionof businesses existing in the community or the attraction of new businesses to the community;"and WHEREAS, Collier County created the.. Advanced Long-term Productivity Strategy Program ("ALPS") on September 24, 2013, with an objective to expand Collier County's competitiveness in attracting extraordinary highvalue economic development.. projects that augment our existing Qualified Target Industries .(QTI) program. The program encourages the creation of high-skilled/high-wage jobs within Collier County and diversification of the economic base in Collier County. It also has the potential to enhance the number'of corporate headquarters in Collier County and net new earnings into our county's economy, while stimulating productivity; and Page'1 16F 6 WHEREAS, ACI Worldwide has applied for the County's ALPS program as a financial incentive for the inducement of confidential "Project Ice" consisting of expanding its corporate headquarters located at Suite 300, 3520 Kraft Road, Naples, FL 34105. ACI Worldwide is a universal payments company that powers electronic payments for organizations around the world, denoted by North American Industry Classification System 2012 (NAICS), Number 551114 (hereinafter referred to as "Project"), and creating 57 jobs within 5 years; and WHEREAS, on June 28, 2016 by Resolution No. 2016-144, the Board of County Commissioners approved ACI Worldwide as a qualified applicant for the County's QTI program; and WHEREAS, on July 8, 2016, the State of Florida approved ACI Worldwide for the State's Qualified Target Industry Tax Refund Program; and WHEREAS, ACI Worldwide estimates that this Project will require it to expend approximately $1,500,000 in capital improvements, consisting of leasehold improvements and tangible personal property for the headquarters facility; and WHEREAS, the Board expressly finds that assistance to expand the employment opportunities provided by this target industry business will result in substantial economic benefits to the County, including but not limited to the creation of quality jobs and a net increase to the County's tax base; and WHEREAS, Collier County finds it is in the public interest to facilitate the growth of ACI Worldwide's Targeted Industry Business expansion as defined in Section 288.106, Florida Statutes and desires to enter into this Agreement to fund ACI Worldwide in accordance with the County's ALPS program. 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. Page 2 16F6 2. Payment. The Board agrees to fund ACI Worldwide in an amount not to exceed $483,452, subject to the terms of this Agreement. Payments shall be made in 4 annual installments and calculated pursuant to Section 3. The County shall pay ACI Worldwide the annual ALPS incentive within 30 days of each performance verification by the Collier County Clerk of Courts. Verification shall be based on a review of the documentation submitted by ACI Worldwide pursuant to Section 5 and review of the ACI Worldwide records described in Section 6. 3. Payment Calculation: Annual payments shall be calculated based on the actual new payroll times the ALP's Tier One or Tier Two multiplier (based on the percentage of the County's average annual wage that ACI Worldwide's wages are determined to be). Tier One provides a bonus incentive equal to 1.000% of actual new payroll for each of four years, provided that the project's average annual wage meets a minimum of 150% of the lowest of the County's average wage and the minimum job-creation threshold. Tier Two provides a bonus incentive equal to 1.063% of actual new payroll for each of four years, provided that the project's average annual wage meets a minimum of 200% ($86,362) of the County's annual average wage and the minimum job creation threshold. Should at any time over the term of this Agreement the new actual payroll amounts are less than set forth in Section 4, the County Manager or his designee will authorize a lesser sum be paid based on the verified new actual payroll for such payment period. This diminution of incentive funds shall be the County's sole remedy should ACI Worldwide not meet the scheduled job creation and new actual payroll amounts. ACI Worldwide understands and agrees that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 4. Job Creation and Wages: Over a period of four years commencing with the execution of this Agreement, ACI Worldwide will endeavor to create a minimum of 57 eligible jobs. The job creation schedule shall consist of the following: • 3 jobs created in FY 2016, • 20 eligible jobs created in FY 2017, with average wages meeting or exceeding 200% ($86,362) of the County's annual average wage and new actual payroll of $5,720,000. The ALPS incentive may not exceed $73,241 for FY 2017. • 14 eligible jobs created in FY 2018, with average wages meeting or exceeding 200% ($86,362) of the County's annual average wage and new actual payroll of $9,340,000. The ALPS incentive may not exceed $99,284 for FY 2018. Page 3 16F 6 • 15 eligible jobs created in FY 2019, with average wages meeting or exceeding 200% ($86,362) of the County's annual average wage and new actual payroll of $13,450,000. The ALPS incentive may not exceed $142,974 for FY 2019. • 5 eligible jobs created in FY 2020, with average wages meeting or exceeding 200% ($86,362) of the County's annual average wage and new actual payroll of $15,800,000. The ALPS incentive may not exceed $167,954 for FY 2020. For purposes of this Agreement, the fiscal year("FY") shall be July 1 thru June 30. 5. Monitoring and Evaluation. ACI Worldwide shall submit each year, before July 31, an annual verification and certification of job creation, on a form acceptable to the County. Each annual verification shall also provide sufficient evidence that new job and wage levels were maintained. The County may require IRS Form 941, Payroll Records, and a Florida Department of Revenue Employer's Quarterly Report (UCT-6) Form for each new employee, or an acceptable equally reliable substitute. The first verification and certification of job creation is due 18 months from the execution of this Agreement and shall occur annually through FY 2020 concurrent with the State of Florida's existing Qualified Targeted Industries (QTI) program verifications to minimize the cost of administration of this ALPS. 6. Access to Records. As a precondition to each payment by County, ACI Worldwide shall give the County, including the Collier County Clerk of Courts, reasonable access to review its business records relevant to ACI Worldwide's performance under this Agreement, which are required to certify the newly created jobs, including wages. ACI Worldwide shall be given 10 business days prior written notice of this review. For the duration of this contract, any documents or copies of documents retained by the County that are held as evidence of the employment and wage requirements of this contract, and that contain any individual employee's personal identifying information, will be confidential, in accordance with Section 288.075, Florida Statutes. 7. 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. Page 4 16F 6 Legal Matters 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 matters set forth herein and supersedes and takes the place of any and all previous representations, undertakings, and agreements between the parties relating to this transaction. This Agreement does not constitute a lien on the property, and cannot be assigned or transferred by ACI Worldwide without prior written consent of the County. 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 executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK,;Clerk BOARD OF COUNTY COMMISSIONERS COLL COUNT FLORIDA By: }AilliarI1111 By: 4111140 D:.ut ! C airman Donna Fiala, Attest as to Chairman District 1 Commissioner signature only. '" Appr ved as to form and legality: d,c�, / C ______� Heidi Ashton-Cicko Managing Assistant County Attorney Page 5 16F 6 AS TO ACI Worldwide Corp., Signed, sealed and Delivered inthe presence of: / By: 4 Signature Air/IV Ma/Ai ACI Worldwide Corp. Printed loam f ignature lam,v P� / p--cCefC Printed Name STATE OF NEBRASKA COUNTY OF DOUGLAS The foregoing Agreement was acknowledged before me this 2 day of September, 2016, by-13. ya" of ACI Worldwide who is personally known to me or has produced / as proof of identity. fa [NOTARIAL SEAL] l� Asi i GENERAL NOTARY-State of Nebraska ignature of,!'e son Taking Acknowledgment CHRIS SHRADER ! L My Comm.Exp.Dec.1,2019 ' Page 6 -g !