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Agenda 09/24/2013 Item #11CProposed Agenda Changes Board of County Commissioners Meeting September 24, 2013 Add Item 10G: Recommendation to authorize the Chair to send a letter to the University of Florida expressing concern, and requesting the inclusion of Collier County agribusiness industry and public sector stakeholders in discussions regarding recently announced changes in staff, services provided, and future of the UFAFAS Southwest Florida Research and Education Center (SWFREC) in Immokalee. (Commissioner Nance's request) Withdraw Item 16D7: Recommendation to approve the Rivers Road Preserve Final Management Plan under the Conservation Collier Land Acquisition Program. (Staffs request) Continue Item 16E8 to the October 8, 2013 Meetine: Recommendation to authorize the County Manager and staff to use Federal GSA schedules (i.e. Schedule 70 and 1122 Program); State of Florida Contracts, Agreements and Price Lists; competitively solicited contracts by US Communities, Western States Contracting Alliance, National Intergovernmental Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) public purchasing consortiums; and, competitive solicitations from State of Florida cities, counties, and other public municipalities (i.e. Sheriffs Association) for the efficient purchase of goods and services for the delivery of public services and for which funds were approved in operating budgets. (Staffs request) Move Item 16K3 to Item 121): Recommendation to authorize the County Attorney to advertise for future consideration an ordinance which would amend Ordinance No. 2013 -25, Collier County's Hearing Examiner Ordinance (Commissioner Coyle's request) Note: Items 10D, 10E and 14A1: It is recommended these items be heard and discussed together before being individually voted upon. Item 11C Legal Considerations should read: This item has been reviewed by the County Attorney. Fl. Stat. Section 125.045 (County economic development powers) grants the Board extremely broad home rule powers with respect to economic development. Any Board approved Economic Development Incentive Program will always only be a part of the County's overall economic development tools, with the Board retaining the broad powers under Fl. Stat. Sec. 125.045 to enter into an individual economic development agreement tailored to meet the needs of particular economic development projects. With that noted, this item is approved as to form and legality, requiring majority support for approval. (County Attorney's request) Item 16K3 Executive Summary and proposed Ordinance should read: Conditional Uses. ...any member of the Board of County Commissioners may direct any conditional use to be heard by the Planning Commissioner- Commission in an advisory committee... (Commissioner Fiala's request) Item 16K4 Executive Summary should read: "Employer and Employee shall negotiate ... a performance based merit system through which Employee shall be eligible for a merit adjustment upon successful completion of measurable goals and objects objectives to be completed or attained by the Employee..." (Commissioner Fiala's request) Time Certain Items Item 11A to be heard at 10:00 a.m. Court Reporter Break at 10:20 a.m. Items 10D, 10E, 14A1 will be heard at 10:30 a.m. and discussed together before being individually voted upon. Item 14A2 to be heard immediately following IOD, 10E and 14A1 Item 11E to be beard at 11:00 a.m. Item 12C to be heard immediately following Item 12B Item 13A to be heard at 11:30 a.m. 9/24/2013 11 .C. EXECUTIVE SUMMARY Recommendation to approve the proposed performance based Economic Development Incentive Programs for new job creation in targeted industries. OBJECTIVE: To obtain Board approval of the proposed Economic Development Incentive Programs. CONSIDERATIONS: Collier County's current Economic Development Incentive Ordinances are set to expire on September 30, 2013. A Board agenda item on May 28, 2013 (See Background Addendum) and a workshop held on June 4, 2013 reviewed and publicly vetted the Office's proposed incentives to consolidate the County's incentive approach. Subsequent to the workshop, the Office sought comments from several groups and interested parties on the incentive proposals for consideration. The Office again presented the proposed incentive as part of its FY 2014 Business Plan on September 10, 2013. As approved by the Board in the Office's FY 2014 Business Plan, the Office has proposed three primary incentive programs to consolidate and replace existing incentives. This approach will allow for increased program flexibility, equity in application, fiscal responsibility, and alignment with community expectations. The proposed incentives will establish a foundation for an incentive platform to achieve short term objectives of quality job growth and a reduction in Collier County's unemployment rate, while also achieving long-term objectives of broadening the County's industry mix, improving net earnings, and increasing productivity. The proposed incentives are designed to compliment state-level incentives, particularly the Qualified Target Industry Tax Refund Program (QTI). The three programs include: • Basic Industry Growth Promotion Incentive: A $1,500 per job grant for companies that create at least ten Target Industry jobs with wages meeting or exceeding corresponding Collier-specific averages for those industries. A $500 bonus is available for jobs that are meet the definition of "Collier Quality Clean Jobs." Payments are equally distributed over a four year period after performance verification. This provides an incentive for export industries that may not meet QTI wage eligibility. See Attachment A for full program description. • Participation in State of Florida QTI: Provide local funding participation of 20%. Total state awards range from $3,000-$5,000, with bonuses of $2,500 for jobs located in Brownfields and $3,000 for those located in Enterprise Zones. QTI is available to companies that create at least 10 Target Industry jobs with wages of at least 115% of the county or state average. See Attachment B for full program description. • Advanced Long Term Productivity Strategy (ALPS): This is incentive is designed to provide a bonus incentive for those Targeted Industry companies that create at least 25 jobs with average wages of at least 150% of the County's average. The incentive is Packet Page -439- 9/24/2013 11.C. broken into two tiers: Tier 1 companies creating at least 25 jobs with average wages of at least 150% of the County average may receive an incentive equal to 1% of payroll annually for the new jobs created, while Tier 2 companies creating at least 25 jobs with an average wage of at least 200% of the County average wage may receive an incentive equal to 1.063% of total payroll for the new jobs. See Attachment C for full program description. FISCAL IMPACT: Each incentive application will require BCC approval and all funding is subject to annual appropriation. Funding for Economic Development Initiatives is available in the FY 2014 Proposed Budget Economic Development Fund 007. The anticipated FY 2014 fiscal impact will be limited as these programs typically have significant lead time from authorization to implementation and compliance verification. In subsequent years it is estimated that an annual appropriation of approximately$300,000 will be necessary. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: All negotiations relating to incentives between the County and applicants are protected and confidential under s. 288.075, F.S. RECOMMENDATION: That the Board approves the Office's proposed Economic Development Incentive Programs. (Attachments A, B, C) Prepared by: Logan Smith, Economic Research Analyst, Office of Business & Economic Development Attachments: Attachment A: Basic Industry Growth Promotion Incentive Program Overview Attachment B: State of Florida QTI Program Overview,Attachment C: ALPS Program Overview Packet Page-440- 9/24/2013 11.C. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.C. Item Summary: Recommendation to approve the proposed performance based Economic Development Incentive Programs for new job creation in targeted industries. (Bruce Register, Business and Economic Development Director) Meeting Date: 9/24/2013 Prepared By Name: JenniferLeslie Title: Office of Business&Economic Development 9/12/2013 5:18:57 PM Approved By Name: RegisterBruce Date: 9/13/2013 3:07:06 PM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 9/16/2013 10:03:44 AM Name: KlatzkowJeff Title: County Attorney Date: 9/18/2013 10:22:39 AM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 9/1 8/2013 10:52:37 AM Packet Page-441- 9/24/2013 11 .C. Attachment A 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 through the expansion of local companies and recruitment of new companies which may necessarily not qualify for the State of Florida's Qualified Targeted Industries(QTI)program. "Basic industries,"also referred to as"export 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 the community's economic recovery. Basic Industry Growth Incentive Pro2ram Qualified applicants are eligible to participate in the Basic Industry Growth Incentive. The incentive is a grant of$1,500 per job for projects creating at least 10 new jobs within 12 months in a Targeted Industry, and with wages meeting or exceeding the Collier County average of the applicant's specific 3 digit North American Industry Classification System industry code. Only 5 jobs are required for projects located in officially-designated distressed areas, and wage requirements are waived.There is no minimum capital investment required for participation. An additional $500 per job bonus is available for businesses that create jobs that meet the definition of"Collier Clean Quality Jobs,"which includes jobs that demonstrate energy efficiency, reduction of pollution, or environmental sustainability in either the firm's operational process or final products for sale. (See full definition below.) Grants will be paid in installments over four years. To become eligible,applicants must apply prior to commitment of intent, or change in land use or permitting applicants are submitted. Employers must meet Collier County's program requirements regarding reporting compliance of average wage and job levels. The BOCC must approve all applicants, with all application forms, administrative procedures and required proof of performance compliance developed by the County Manager or designated staff. Only official forms and procedures are deemed sufficient for application to this program. To participate,applicants must execute a formal agreement with the County stipulating the terms of the award,which must include,but is not limited to:the award amount,the monitoring and evaluation schedule,and the payment schedule. The applicant must agree to annual verification and certification of job creation for each of the 4 years it receives payments under the award.The first performance verification is due 14 months following the execution of an agreement between the applicant and the County. Failure to maintain the required new jobs and the average aggregate wage at any point over the four year payment period will result in the applicant forfeiting program eligibility. General Pro2ram Requirements • Applications must be submitted in advance of public announcements or any permit applications changing usage or building occupancy related to the projected jobs. • 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 10 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. Packet Page-442- 9/24/2013 11 .C. Attachment A • In officially designated economically distressed areas the wage requirement is waived and job eligibility is reduced to 5 qualified industry jobs. • "Collier Clean Quality Jobs"is defined to mean jobs that produce goods that improve energy efficiency, including energy-efficient equipment,appliances,vehicles,or other such products,and products that facilitate pollution reduction and removal,greenhouse gas reduction,and recycling and reuse,including products that reduce or eliminate the creation or release of pollutants,greenhouse gas emissions,or reduce or eliminate the creation of waste materials. The definition also includes jobs in which the the establishment's production processes have been made significantly more environmentally friendly than previous industry standards.This includes generating energy from renewable sources,using technologies that increase energy efficiency within the establishment,or reduce or remove pollution,greenhouse gases, and waste products from the environment. • Each new employee hired 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. • 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 Revenue Employer's Quarterly Report(UCT-6)Form for each new employee or an acceptable equally reliable substitute. • The program is administered by the County Manager or his or her designee. • The County Manager is responsible for developing all required forms,including the BIGP Program application form. • Job creation beyond commitment within the four year payment term is eligible for extra per job awards. • Award payments are subject to annual appropriations. Program Name BASIC Industry Growth Promotion 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 10 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 $1,500 base, with a $500 Green Collier Quality Clean Job Bonus Agreement Required. Packet Page-443- 9/24/2013 11 .C. Attachment A 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 and job eligibility is reduced to 5 qualified industry jobs in designated economically distressed areas. Packet Page-444- 9/24/2013 11 .C. Attachment B STATE OF FLORIDA QUALIFIED TARGET INDISTRY TAX REFUND PROGRAM DESCRIPTION& OVERVIEW The State of Florida's Qualified Target Industry Tax Refund Program(QTI) is designed to facilitate the attraction of high-value, export industry jobs that generate new wealth and create jobs. The program seeks to diversify Florida's economy by targeting certain industry clusters of strategic importance to the state's economic diversity. Qualified Target Industry Tax Refund Program The Qualified Target Industry Tax Refund (QTI)program was created by the Legislature in 1994 to encourage the recruitment or creation of higher-paying, higher-skilled jobs in the state by awarding eligible businesses tax refunds in exchange for creating jobs in certain target industries.The refund award level is based on wages paid,number of jobs created,and the location in the state that the business chooses to locate or expand. The QTI program is set to expire on June 30,2020,under current law. In order to qualify for the program, an applicant business must fall into one of Florida's target industry categories,which are developed by DEO and Enterprise Florida, Inc. (EFI). A diagram of targeted industries is below: 0� D, UU 1[D TARGETED iNDDSTR fS fOR INCENTIVE tflorido.com i t tri t;7"-a ,'11::a HOMELAND FINANCIAL/ A4 IATION . A ccs d .LIFESCIENCES INFOTECH SECURITY/ PROFESSIONAL ,�.ffi� AEROSPACE OFFENSE SERVICES .r d'ANUFACTURING '" kr' '''',,';'''.1.,'; CORPORATE HEADQUARTERS W "'°fi s � z m 1.., RCH -0.::EWPMEN '` " ° Biomass& Biotechnology Modeling,Simulation AVIATION: EQUIPMENT FINANCIAL SERVICES Bends Processing Pdart,u' and Training Aircraft and Aircraft Optical Instruments Banking Ene E m mere D ti tsar J Pbotnnics Paris Manutacwnng r9Y 9 P P Nadgga dr,Ads insurance Manufaaunng DD!DL DEVICES: Di Aal Media Mainterwnce Repair 9 AmmanNOn Semrtties and Energy Storage and Overhaul of 97' a9 Laboratory and Soft are Aircraft, Electronic Investments Technologic, Surgical instruments Efearunics Navigation PhotavolFaic D''''''''T'''''' t PRDFESSIDNpL @ Telemmmunsations instrument TRANSPORTATION: S RYiCES: Environmental G Manutactunng tat,/vdigid Cormun ng �_ � Ce+poraic 0 lrgI'it is}ator Shipbuilding and Headquarters Training Repy a { Eagmming 1l AEROSPACE: TECHNDLOGY. dal I Space tel and fomputer systems Arcounung I Guided Missue Elevan } tanufa:.erg Consuh��g c Srmutanwn and kk t ':na. brie.1- training ,.Y. +s/ , CnnMUIi ri nn. Space Tech mbeces 't iaunch Cuerations } ..,a.??.:-s+x.. _^ i Yet _ Global Logistics Food and Beverage Marine Sciences Automotive Marine i Mat-rlalsScience - Plastics and Rubber Nano-technology t Machine Malmo l Additionally, a business must: Packet Page -445- 9/24/2013 11 .C. Attachment B • Agree to create 10 new jobs or, if a Florida business planning to expand its operations,agree to create a net increase in employment of at least 10 percent. DEO may grant a waiver to an existing business located in an enterprise zone or rural county. • Agree to pay employees an annual average salary that is at least 115 percent of the average private sector wage in the area or of the statewide private sector average wage.DEO may waive the wage requirement for businesses that locate in a rural county or city, in an enterprise zone, or in a brownfield area or for manufacturing project. • Receive a commitment of a 20 percent local match.The form of the commitment must be included in a resolution passed by the county commission of the county where the project will be located. The QTI program offers a tax refund of$3,000 per created job. The per job tax refund increases to $6,000 if the business is located within a rural county or an enterprise zone. The program allows for additional tax refunds beyond the standard awards: • $1,000 per job if the business pays an average annual wage of at least 150 percent of the average private sector wage in the area the project is located; • $2,000 per job if the business pays an average annual wage of at least 200 percent of the average private sector wage in the area the project is located; • $1,000 per job if the local financial support is equal to that of the state's incentive award; and • $2,000 per job if the business falls within one of the high-impact sectors designated under s. 288.108,F.S., or increases exports of its goods through a seaport or airport in the state by at least 10 percent in value or tonnage in each of the years that the business receives a tax refund. QTI businesses may not receive more than $1.5 million in refunds in a single fiscal year, or more than $2.5 million if the project is located in an enterprise zone. QTI businesses may claim refunds from one or more of the following taxes paid: • Sales and use tax; • Documentary stamp tax; • Ad valorem taxes; • Corporate income taxes; • Insurance premium taxes; • Intangible personal property taxes;and • Certain state communications services taxes under ch. 202,F.S. Local Matching Program Requirements • The BCC approves a 20%local match of the total QTI award. • The BCC must approve the type of funding through passage of a resolution of support. Packet Page-446- 9/24/2013 11 .C. Attachment B Program Name Qualified Target Industry (QTI) Participation QTI Local Match Type Refund Award Made to Whom Qualified Target Industry Employers approved by State Wage Requirement 115% of the average private sector wage in the area or of the statewide private sector average wage. Wage requirements can be waived in brownfields and enterprise zones. Number of Jobs Required 10 jobs, or agree to increase new employment by 10% if existing business. Capital Investment Requirement No Expandable for Later Year Jobs No Available to Existing Industry Yes Available to New Industry Yes Available for Retention No Amount of Award $3,000 per job base.Award increases to $6,000 for jobs located in enterprise zones. Bonus awards include: • $1,000/job if the business pays an average annual wage of at least 150% of the average private sector wage in the area the project is located; • $2,000/job if the business pays an average annual wage of at least 200% of the average private sector wage in the area the project is located; • $1.000/job if the local financial support is equal to that of the state's incentive award; and • $2,000/job if the business falls within one of the high-impact sectors designated under s. 288.108, F.S., or increases exports of its goods through a seaport or airport in the state by at least 10% in value or tonnage in each of the years that the business receives a tax refund. Agreement Required—State level Payout Schedule Paid in installments over four (4) years, based on job creation milestones. Specified Use of Funds None Packet Page -447- 9/24/2013 11 .C. Attachment B Local Support Required Yes-20% match paid by the County. "But For" Incentive Yes—Managed by State Eligible Industries/Business Activities Industries defined as Qualified Targeted Industries by Enterprise Florida, Inc. Ineligible Activity N/A. Only QTI businesses are eligible. Distressed Area Exception Wage requirements may be waived for projects locating in enterprise zones or brownfields. Packet Page-448- 9/24/2013 11 .C. Attachment C ADVANCED LONG-TERM PRODUCTIVITY STRATEGY PROGRAM(ALPS) PROGRAM DESCRIPTION& OVERVIEW The Advanced Long-term Productivity Strategy Program(ALPS)is designed to expand Collier County's competitiveness in attracting extraordinary high value economic development projects in order to augment participation in the State of Florida's existing Qualified Targeted Industries(QTI)program. The program will encourage the creation of high skilled/high wage jobs within Collier County and diversify the economic base in Collier County. It also has the potential to enhance the number of corporate headquarters in Collier County while stimulating productivity and net new earnings into our county's economy. In addition it will be a focal point in aligning our objectives with those of our partners and local educational and training providers. Advanced Long-term Productivity Strategy Incentive Program Qualified applicants may participate in the ALPS Incentive if the project creates at least 25 new jobs whose average wage meets or exceeds the 150%of the County's average wage(currently $59,958). A two tiered system will determine the award amount. Tier One provides a bonus incentive equal to 1.000%of actual payroll for each of four years provided that the project's aggregate employment meets a minimum of 150%of the State's average wage and the minimum job creation threshold.Existing jobs of an expansion project are excluded if the applicant is an existing business. Tier Two provides a bonus incentive equal to 1.063%of actual payroll for each of four years provided that the project's aggregate employment meets a minimum of 200%of the State's average wage and the minimum job creation threshold of 25 new jobs.Only 10 qualified jobs are required for jobs located in officially Cdesignated distressed areas(brownfields and enterprise zones).All new jobs must be full-time equivalents working at least 36 hours per week,and eligible for full benefits. Employers must adhere to all rules of the State's QTI program,but also 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 submitted.The BCC must approve all applicants; and administration of the Program will be conducted by the County Manager or designated staff. Only official forms and procedures are deemed sufficient for application to this program. To participate,applicants must execute a formal agreement with the County stipulating the terms of the award, which must include,but is not limited to:the award amount,the monitoring and evaluation schedule,and the payment schedule.The applicant must agree to annual verification and certification of job creation for each of the 4 years it receives payments under the award.The first performance verification is due 18 months following the execution of an agreement between the applicant and the County, allowing the applicant up to 18 months to create the required number of jobs. Failure to maintain the required new jobs and the average aggregate wage at any point over the four year payment period will result in the applicant forfeiting program eligibility. General Program Requirements To be eligible, projects and businesses must adhere to all rules of the State's QTI program and agree to the Collier specific requirements as a contingency for eligibility in Collier County's Advanced Longterm Productivity Strategy Incentive. A summary of qualifications includes but is not limited to: • If applicable,applicants must notify Collier County of intent to apply to the County's Advanced Long-term Productivity Strategy Program before Collier County approves the local match contribution to that project's State Packet Page-449- 9/24/2013 11 .C. Attachment C QTI application and in all cases the ALPS application must be approved by the BOCC prior to the project's commitment of intent. • New businesses or Expansions of existing businesses in Collier County must create at least 25 new jobs that meet 150%of the lowest of the County or State's annual average wage to qualify for Tier 1 and 200%to qualify for Tier 2.Tier 1 businesses are eligible to receive a grant equaling 1.00%of aggregate payroll;Tier 2 businesses are eligible to receive a grant equaling 1.063%of aggregate payroll.Only new jobs created will be counted toward the total payroll for the purpose of the award amount. • Each new employee hire must be a full time equivalent working an average of 36 hours per week and eligible for full benefits. • Job creation requirement is reduced to 10 qualified new jobs in economically distressed areas. • Applicants must execute an agreement with the County to participate in the program.The agreement must at a minimum include the total award amount,the job and wage verification schedule,and the payment schedule. • 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. • The first performance verification is due 18 months from the execution of an agreement. • Grant is disbursed over four annual installments,with aggregate payroll adjusted for inflation after the initial year as compliance for each year is verified. Method of evidence verification will be substantiated by County-approved records such as: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 program is administered by the County Manager or his or her designee. • The County Manager is responsible for developing all required forms,including the ALPS Program application form. • Award payments are subject to availability of funds. Program Name Advancing Long-Term Productivity Strategy Incentive QTI Augmentation Type Grant Award Made to Whom Eligible Target Industry Employers Wage Requirement Tier One 150% of the lowest of County, MSA or State Average Wage or$59,958; Tier Two 200% of the lowest of County, State or MSA Average Wage or$79,944. Number of Jobs Required 25 Capital Investment Requirement No Expandable for Later Year Jobs Yes (Percentage of Payroll Captures Job Increases) up to two times the number of jobs applied for during the initial four year participation term. Available to Existing 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 Packet Page -450- 9/24/2013 11 .C. Attachment C Amount of Award Variable annual award equates to a %of payroll, provided an average aggregate wage is met. Tier One- Average wages equaling 150% yield a 1.0% of payroll award; Tier Two Average wages equaling 200% yield a 1.063% of payroll award. * Existing firm's annual award will be based on segregated new job payroll, existing jobs are excluded from calculation. Agreement Required Payout Schedule Paid in installments over four(4) years after each year's performance is certified, each year's payroll is adjusted for inflation over previous year First annual performance evaluation is due 18 months from execution of the agreement. 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 commitment of intent, public announcements or any permit applications changing usage or building occupancy related to the projected jobs Eligible Industries/Business Activities Industries defined as 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 Minimum Job eligibility threshold is reduced to 10 qualified industry jobs in designated economically distressed areas. Packet Page -451- BACKGROUND 9/24/2013 11 .C. ADDENDUM 5/28/2013 11.D. EXECUTIVE SUMMARY Recommendation to review the attached draft proposed changes to the Collier County Economic Development Ordinances and direct the County Manager to present those options to the community for input and additional recommendation. Proposed drafts of conceptual changes include replacing and consolidating all existing economic development incentive program ordinances with the exception of the Innovation Zones Ordinance into three simplified incentive programs as Collier County Policy based on adoption by formal motion or resolution rather than adopted ordinance. OBJECTIVE: Implement Board of County Commissioners (Board) directive for County Attorney and County Manager or his designee to initiate development of financially feasible, legally sound and publicly vetted economic development programs utilizing the following suggested guidelines: 1) amending and or extending existing economic development ordinances for conformity with existing state standards, 2) address potential economic development confidentiality and disclosure issues identified within those amended ordinances, and 3)propose other recommendations or approaches for achieving the above mentioned goals. CONSIDERATIONS: At its February 12, 2013 regular meeting, during discussions of Commissioner Hiller's Agenda Item 10K, the Board directed that staff develop proposals to improve the County's Economic Development Programs for the purpose of public vetting at a future Board Workshop. The following draft proposals have been developed incorporating several safeguards and features to help insure that each program addresses critical issues identified above and meets a rigorous public policy test, holding effectiveness in competing for quality job growth yet maintaining fiscal responsibility. A copy of the Board's discussion is included as back-up to this agenda item, Public Policy Test In general, the draft proposals integrate state incentive standards when feasible; adopt rules similar to the established state statutes regarding disclosure and treatment of official economic development prospect records and trade secrets F.S.( 288.075). That statute provides that subsequent to an official request from a prospect,all county officers and employees with responsibility related to promoting the general business interests or industrial interests, are bound to maintain the confidentiality of information concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state. Additionally, compatibility with state guidelines regarding target industry eligibility and performance compliance monitoring is mimicked whenever possible. Because the new proposals are structured as a performance based incentives (compliance is required before payment) the County's exposure and risk is minimized. Also, fiscal accountability is assured in that compliance certification will validate that the annual perfonnance obligation has been met prior to awarding the grant. Also important, each incentive proposal is structured to apply equitable treatment of all qualified applicants within distinctive categories such as industry classification, wage levels and geographic location. Finally each program has criteria which when applied establishes a rational business case for eligibility and provides a suitable return based on the incentive expenditure. Why Effective Business Inducements are Important DonLof Donn_1(152_ Packet Page -452- 9/24/2013 11.C. 5/28/2013 11 .D. Appeal as an inducement to a prospect or existing business is an obvious feature to be considered in developing incentives. An incentives' monetary value to the prospect in comparison to other jurisdiction's offers is obviously important, but is in many cases not the only competitive factor. In any case, it is vital to remain relatively competitive, in effect enabling a community's inherent comparative advantages to be appreciated, without becoming hyper-competitive with other jurisdictions. Though out-bidding other jurisdictions is not always practical, it is imperative for the community to extend positive overtures to prospects. Financial incentives, even those of relatively modest value, provide an unmistakable signal of appreciation and validation of community support. Incentives programs that are user friendly and incorporate simple, quicker application processes can be distinct comparative advantages. A moderate financial incentive with favorable terms may hold a higher comparable value for some prospects than a cumbersome but more significant financial incentive. Incentive monitoring and process for compliance should be adequate for upholding the governmental fiduciary duty, but also streamlined and commiserate with the level of risk exposure for the County. In addition, less complex features in an incentive improve the ease and understanding of communicating the program attributes to prospects while promoting expansions and recruitment of new businesses. Prospects and expansions are potential investors in communities and expect a level of certainty as well as a concise understanding of obligations and benefits from inducement programs. Simplifying incentives also minimizes the complexity of administration and represents a distinct advantage in minimizing staff's burden for monitoring and post performance audit operations of programs. Program Summaries and Performance Measures Indicators of an improving and healthy economy generally include short term metrics such as growth in employment and reduction of unemployment. Long term aspects such as a diverse industry mix, improved net earnings, and an expanding productivity rate are equally important. Ideally, a community's economic development approach should structure incentives to directly link inducements to optimizing gains in short and Iong term metrics. To help achieve a balanced overall incentive approach,three proposed programs(drafts attached)each include specific features to appeal to categories of industries aggregated primarily by labor skills set demands and wage levels. Base Industry Promotion: As a first level program platform, the draft proposed Base Industry Promotion program would provide a$1,500 grant($500 bonus for green products/processes)per job to qualified employers creating at least 10 new jobs to Collier County. The program is in general designed for fines that produce goods, commodities or services with wages that typically fall below the state's Qualified Target Industry Tax Refund wage standard. Only industries designated among the state's target industries would be eligible. The wage requirement would be directly linked to the latest Collier County specific industry average wage applied for, as published by the U.S. Bureau of Economic Analysis or equivalent reliable data authority. (Attachment A) QTI Participation: The second level program platform is a recommendation to continue the offer of participation with a local financial match (20%) combined with the state's match (80%) match for eligible applicants to the state's Qualified Target Industry Tax Refund program. Refunds between $3,000 and$5,000 per job,with added bonuses of up to$2,500 for brownfields and$3,000 per job for enterprise zones. Staff will continue to support the leveraging of Florida's most frequently utilized incentive QTI. (Attachment B) Darirct Daac Packet Page -453- 9/24/2013 11 .C. 5/28/2013 11.D. Advancing Long-term Productivity Strategy (Concept): The highest level program platform is a draft proposal still in development that would establish a premium incentive program to enhance competitiveness and appeal to business prospects creating at least 25 new jobs with very high wages. The proposed program would incorporate flexibility for the applicant in that the grant award amount would be linked to the actual value of paid wages or earnings of eligible jobs. Strategically, linking the award amount to payroll is beneficial as it leverages the increase in high value jobs to stimulate productivity gains,a true indicator of a community's long term economic health. The applicant would be accountable to meet the minimum threshold of job numbers, but would be motivated to create more jobs than promised to capitalize on the annual grant payment for all new eligible jobs created within the incentive agreement term (four years). Additional requirements include an established baseline of aggregate average wages along with provisions to restrict eligibility of jobs domiciled outside of Collier County. The program would require applicants to meet QTI eligibility criteria for target industries and reporting requirements. Conceptually, the first tier provides a wage minimum that would begin at 150%of the County's annual average wage(currently $59,958). The award would be distributed over four years after annual performance compliance at a rate of 1%or(.0100)of total annual payroll (adjusted for inflation). The second tier provides a wage minimum that would begin at 200% of the County's annual average wage (currently $79,944). The award would be distributed over four years after annual performance compliance at an annual rate of (.01063) or 1.063% of total annual payroll (adjusted for inflation). The approach will provide a unique flexibility to proactively reward creation of those types of jobs that can have the greatest impact on improving Collier County's productivity growth rate.(Attachment C) Flexibility of Policy by Resolution over Adopted Ordinance Although Collier County's climate for quality job growth is improving, as evidenced by recent state rankings in job growth rate,the persistent economic downturn has created a tough environment for our citizens. The future economic well being of Collier County citizens could depend significantly on our community's capacity to nurture industries that are innovative and competitive enough to survive in the global economy. A community's adaptability to meet the challenges of attracting those fast changing industries will be keys to long term economic sustainability. The flexibility offered by generating incentive policy by resolution can help the County's administration be more responsive allowing innovation and revisions within a timely, orderly fashion that retains rigor and enforcement provisions comparable to incentive ordinances. The capacity for incentive policy by resolution also projects a message of business friendliness, and reinforces to prospects the County's intent of supporting businesses proactively. In sum,these proposed changes with three levels of incentive programs equips the County's economic development efforts to compete for differing industry expansion and recruitment opportunities to optimize the probability of improving the community's economic prosperity. For the reasons provided above, staff recommends acceptance of the attached draft proposed changes to Collier County Economic Development Ordinances, and to direct the County Manager or his designee to present those options to the community for input with the intention of convening a Board workshop for additional consideration and discussion. FISCAL IMPACT: To be determined with the final proposal. GROWTH MANAGEMENT IMPACT: None at this time. Dori, t Dry _11A_ Packet Page -454- 9/24/2013 11 .C. 5/28/2013 11.D. LEGAL CONSIDERATIONS: The County Attorney will work with Mr. Register to develop these proposals into a formal Economic Development Program for consideration at a later Board meeting. Mr. Register's recommendation to accomplish this by Resolution rather than by formal ordinance would give the Board the ability to more quickly adapt these programs to changes in the market as well as greater flexibility in crafting economic development agreements with each applicant. Of the current ordinances,only the Innovation Zone Ordinance (Ord. 2010-20) is being proposed to remain. Features of the remaining Economic Development Ordinances which have proven valuable can be incorporated into this new program. This item requires majority support for Board approval. -JAK RECOMMENDATION: That the Board review the attached draft proposed changes to the Collier County Economic Development Ordinances and direct County Manager or his designee to present those options to the community for input and additional recommendation. Proposed drafts of conceptual changes include replacing and consolidating all existing economic development incentive program ordinances with the exception of the Innovation Zones Ordinance into three simplified incentive programs as Collier County Policy based on adoption by formal motion or resolution rather than adopted ordinance(Attachments A,B,C). Prepared by:Bruce Register,Director,Business and Economic Development Attachments: Current Collier County Economic Development Ordinances; Transcript of February 12,2013 Board discussion;Three proposed Incentive Programs(Attachments A,B,C) Packet Pape-111- Packet Page -455-