Agenda 02/24/2015 Item #11D 2/24/2015 11.D.
ECUTIVE SUMMARY
Recommendation to approve the attached agreement with Position Logic, LLC, an
existing Collier County technology firm, providing for a Business Location Inducement
Grant of$117,600 as an incentive for this company to expand and maintain its operations
in Collier County.
OBJECTIVE: That the Board of County Commissioners (Board) considers an economic
development financial incentive to facilitate the retention and growth of Position Logic's
information technology operations and avoid losing this valuable community job generator to
another Florida county.
CONSIDERATIONS: Position Logic (Company), a successful international information
technology company based in Collier County, has proposed expanding and relocating the
company from its current real property location at 4522 Executive Drive, Suite 201 in Naples,
Florida to a larger facility. Position Logic has identified sites in Collier County but has also
identified alternative sites outside of Collier County which are available at substantially lower
cost than the Collier options. The Partnership for Collier's Future Economy, in its contractual
role of business retention specialists for the County, has approached the Office of Business and
Economic Development for assistance in retaining this targeted industry employer in Collier
County. The Company has made receipt of this Business Location Inducement Grant a
condition for further consideration of locating such expansion at a Collier County site.
The project's operation and directly related employment will be in support of the diversification
of Collier County's economy and growth in high wage technology jobs for Collier citizens.
The Business Inducement Grant for this Project will be paid in four equal annual installments of
$29,400 commencing with the first anniversary of the issuance of the Certificate of Occupancy
for the facility, and will continue each year thereafter until the full grant amount of$117,600 is
paid. Each payment is conditioned and contingent upon the continued operation of the facility
as an information technology and computer related services company specified by 2012
(NAICS)Number 541519 as evidenced by a certified County approved method or an equivalent
Targeted Industry Business operation acceptable to, the County. Additionally, the Company
must remain current on all local tax liabilities to remain eligible for the Grant.
FISCAL IMPACT: Economic incentives are funded in the General Fund (001). Subject to
annual budget appropriation, the annual cost of the subject grant will be included in the
proposed FY 2016 and future General fund budgets. The maximum cost to the County for this
QTI applicant is$117,600 or$29,400 per year over four years.
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 which 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."
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2/24/2015 11.D.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality,and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation to approve the attached agreement with Position
Logic, LLC, an existing Collier County technology firm, providing for a Business Location
Inducement Grant of $117,600 as an incentive for this company to expand and maintain its
operations in Collier County.
Prepared bv:
Bruce Register,Director, Office of Business and Economic Development
Attachments: Business Location Inducement Agreement
2
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2/24/2015 11.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.D.
Item Summary: Recommendation to approve the attached agreement with Position
Logic, LLC, an existing Collier County technology firm, providing for a Business Location
Inducement Grant of$117,600 as an incentive for this company to expand and maintain its
operations in Collier County.
Meeting Date: 2/24/2015
Prepared By
Name: JenniferLeslie
Title: Administrative Assistant, Office of Business &Economic Development
2/17/2015 12:28:35 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2015 1:07:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2015 2:36:13 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 2/17/2015 7:07:05 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/18/2015 9:03:50 AM
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2/24/2015 11 .D.
AGREEMENT FOR BUSINESS LOCATION INDUCEMENT GRANT
This Agreement for Business Location Inducement Grant (hereinafter referred to as
"Agreement") is entered into this day of , 2015, 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 Position Logic, LLC. A Florida
Limited Liability Company (hereinafter jointly referred to as "Position Logic").
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, Position Logic has proposed expanding and relocating the company from
its current real property location at 4522 Executive Drive, Suite 201 in Naples, Florida to a larger
facility in a project to be comprised of the interior finish build out and equipping of
approximately 8,400 square feet of unfinished office shell space within an existing multi-tenant
building on real property located at 2343 Vanderbilt Beach Road Bldg. #6 in Naples, Collier
County, Florida, ("Project") from which the firm will operate its information technology and
computer related services company as defined by North American Industry Classification
System, 2012 (NAICS) Number 541519. The. project's operation and directly related
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�-, employment will be in support of the diversification of Collier County's economy and growth in
high technology jobs for Collier Citizens; and
WHEREAS, Position Logic has identified alternative sites available in other Florida
Counties at substantially lower cost and has made receipt of this Business Location Inducement
Grant a condition for further consideration of locating such expansion at a Collier County site.
WHEREAS, the Board expressly finds that the opening of this facility and development
of the project will result in substantial economic benefits to the County, including but not limited
to the creation of high wage jobs and a net increase to the County's tax base, and that such
economic benefits will continue to flow to the County as long as Position Logic remains open, as
measured by continued operation and annual payment of the Facility's local tax liabilities; and
WHEREAS, Collier County finds it is in the public interest to facilitate the growth of
Position Logic's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier
County and provide support of Position Logic, with a grant to induce their business relocation
and expansion in Collier County.
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 assist Position Logic with this Project by providing
Position Logic a Business Inducement Grant for this Project. Payment shall be in four equal
annual installments of$29,400.00 commencing with the first anniversary of the issuance of the
Certificate of Occupancy for the facility, and will continue each year thereafter until the full
grant amount of $117,600.00 is paid conditioned and contingent upon the operation of the
facility as a information technology and computer related services company specified by 2012
(NAICS)Number 541519 as evidenced by a certified County approved method or an equivalent
Targeted Industry Business operation acceptable to the County and remaining current on all local
tax liabilities.
3. This Agreement does not constitute a lien on the property, and cannot be assigned
or transferred by Position Logic without the prior written consent from the County.
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4. This Agreement will be in substantial breach upon the failure by Position Logic to —.
operate the expansion facility as an information technology and computer related services
company specified by 2012 (NAICS) Number 541519 or an equivalent Targeted Industry
Business operation acceptable to the County or pay its tax bill in full to the Tax Collector's
Office annually, on or before the date it is due. Upon such breach, the County's Business
Inducement Grant will automatically terminate, and neither party shall have any further
obligation to the other.
Legal Matters
5. 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.
6. 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.
7. 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.
Remainder of Page Intentionally Blank
Signature Page to Follow
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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
COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Tim Nance, Chairman
AS TO POSITION LOGIC, LLC, POSITION LOGIC MANUFACTURING, LLC,
Signed, sealed and
Delivered in the presence of:
By:
Signature Felix Lluberes, Vice President
Position Logic, LLC
Printed Name
Signature
Printed Name
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2015, by Felix Lluberes, Vice President of Position Logic, LLC and Position
Logic Manufacturing, LLC, who is personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
Signature of Person Taking Acknowledgment
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