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Agenda 04/11/2017 Item #16F 104/11/2017 EXECUTIVE SUMMARY Recommendation to approve agreements between Collier County and Florida Specialties LLC, providing for the termination of the Advance Broadband Infrastructure Investment Program and Job Creation Investment Program Agreements, which are being requested to facilitate the closing of the sale of the business. OBJECTIVE: Approval by the Board of County Commissioners (Board) of agreements between the County and Florida Specialties LLC for the termination of the Advance Broadband Infrastructure Investment Program and Job Creation Investment Program agreements. CONSIDERATIONS: The Advanced Broadband Infrastructure Investment Program was fully completed. Florida Specialties is not requesting any remaining incentive payments ($5,000 remains) under the Job Creation Investment Program Agreement, however, in the interests of closing the sale of its business, it is requesting termination of the Agreement. On March 12, 2010, Florida Specialties submitted an application to be considered for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program for new jobs being created related to the business expansion of its Immokalee company, which was within the Immokalee Enterprise Zone and Rural Area of Critical Economic Concern. The project included an expansion within an existing facility that served as the company's corporate headquarters. The application was approved by the Board on April 13, 2010. The company proposed creating 25 new jobs at 50% ($19,642) or greater of the then-current Collier County private-sector average wage ($39,285), with all jobs estimated to be in place by September 30, 2012. The job creation payout timeline was scheduled to commence in fiscal year 2011. However, it was determined that a physical expansion of the facility was needed and Florida Specialties submitted plans to build a new facility to handle the increased volume and serve additional clients. Based on the expedited review and construction schedule, which was provided to the Board on May 25, 2010, the time frame for creation of the new jobs was shifted by one year. The new facility received its Certificate of Occupancy in February 2011. Florida Specialties has operated for almost 25 years in Immokalee with a mission "to become the label known for quality throughout the fresh produce industry." Despite exceptional circumstances, such as a hard freeze in December 2010, which severely damaged crops, Florida Specialties created over 140 new positions companywide - full-time, part-time, and seasonal workers - and exceeded their overall job creation goals. Under the programs, Florida Specialties was eligible for $3,000 per new job created for a total of up to $75,000 under the Job Creation Investment Program under three phases, and was eligible for $25,000 under the Advanced Broadband Infrastructure Investment Program. Florida Specialties received $25,000 under the Advanced Broadband Infrastructure Investment Program, which was fully completed. Florida Specialties has received $64,000 under the Job Creation Investment Program and is not requesting any remaining incentive payments under the Agreement. Florida Specialties did create 10 new jobs under Phase 1. Under Phase 2 of the Job Creation Investment Program, an additional nine jobs were validated as created. Under Phase 3 of the Job Creation Investment Program, an additional three jobs were validated as created. Florida Specialties is eligible for a remaining balance of $5,000 in job creation incentives, which it is waiving. 16.F.1 Packet Pg. 1056 04/11/2017 FISCAL IMPACT: Florida Specialties received $25,000 of the $25,000 provided under the Advanced Broadband Infrastructure Investment Program and received $64,000 of the $75,000 provided under the Job Creation Investment Program. The recording of these agreements may incur a fee. Sufficient funds are available in the Economic Development budget (001-138760) for that possible recording expense. 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 that 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: This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve agreements between Collier County and Florida Specialties LLC, providing for the termination of the Advance Broadband Infrastructure Investment Program and Job Creation Investment Program agreements, as requested to facilitate the closing of the sale of the business. Prepared by: Jace Kentner, Director, Office of Business & Economic Development ATTACHMENT(S) 1. FL Specialties Termination of Advance Broadband Agreement CAO stamped (PDF) 2. FL Specialties Termination of Job Creation Agreement CAO stamped (PDF) 16.F.1 Packet Pg. 1057 04/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1 Doc ID: 2939 Item Summary: Recommendation to approve agreements between Collier County and Florida Specialties LLC, providing for the termination of the Advance Broadband Infrastructure Investment Program and Job Creation Investment Program Agreements, which are being requested to facilitate the closing of the sale of the business. Meeting Date: 04/11/2017 Prepared by: Title: Operations Analyst, Senior – Administrative Services Department Name: Bendisa Marku 03/21/2017 11:53 AM Submitted by: Title: Economic Research Analyst – Business and Economic Development Name: Jace Kentner 03/21/2017 11:53 AM Approved By: Review: County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/21/2017 1:26 PM Business and Economic Development Jace Kentner Additional Reviewer Completed 03/30/2017 9:35 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/30/2017 9:56 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2017 10:28 AM Budget and Management Office Ed Finn Additional Reviewer Completed 03/31/2017 1:38 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 10:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM 16.F.1 Packet Pg. 1058 16.F.1.a Packet Pg. 1059 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1060 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1061 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1062 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1063 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1064 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1065 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1066 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.a Packet Pg. 1067 Attachment: FL Specialties Termination of Advance Broadband Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1068 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1069 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1070 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1071 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1072 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1073 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1074 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment 16.F.1.b Packet Pg. 1075 Attachment: FL Specialties Termination of Job Creation Agreement CAO stamped (2939 : Advance Broadband Infrastructure Investment