Agenda 11/18/2008 Item #16A15
Agenda Item No. 16A15
November 18, 2008
Page 1 of9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an Advanced Broadband
Infrastructure Investment Program Agreement with PACE Center for Girls, Inc. consistent with
the provisions of the Advanced Broadband Infrastructure Investment Program and the entity's
approved incentive application.
OBJECTIVE: That the Board of County Commissioners (Board) approve an Advanced Broadband
Infrastructure Investment Program Agreement with PACE Center for Girls, Inc. (PACE) consistent
with the provisions of the Advanced Broadband Infrastructure Investment Program (Broadband) and
the company's approved incentive application
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which established the Advanced Broadband Infrastructure Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non-residential building and upgrading it to be a "smart building", facilitating
the installation of advanced broadband technology.
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On August 15, 2005, PACE submitted an application to be considered for the Advanced Broadband
Infrastructure Investment Program for installation of broadband infrastructure at their new facility at
160 North I st Street in Immokalee. The first PACE Center for Girls was established in 1985 "as an
alternative to incarceration or institutionalization of at-risk adolescent girls in Jacksonville, Florida.
Based on the success of the Jacksonville program and at the request of the Florida Department of
Juvenile Justice, PACE has been successfully replicated in 18 cities throughout Florida." PACE has
been located in Immokalee, Florida since 1998. The new facility allows PACE to provide services to
additional girls and continue their mission to provide the opportunity of a better future through
education, counseling, training and advocacy. The application was approved by the Board on October
11,2005 (Item 10K).
PACE has met all of the Advanced Broadband Infrastructure Investment Program requirements set
forth by Ordinance No. 2003-59, as amended, and has provided staff the required documentation
related to the costs incurred for the installation of the advanced broadband infrastructure.
FISCAL IMPACT: The budget for the local Economic Incentive Programs for Fiscal Year 2009 is
$255,300. Broadband incentive awards are limited to $25,000 or the actual amount of the verified
installation costs, whichever is less. The funding for this Program does not provide payments or
reimbursements for service costs. Staff has verified paymcnts for the installation of broadband in the
amount of$26,697.39, therefore, PACE is eligible for an incentive award ofS25,000 disbursed equally
over a three-year period.
--
The incentive payment for Fiscal Year 2009 equals $8,333.33 and there is sufficient funding within the
approved budget to facilitate this request. Each of the local Economic Incentive Programs are subject
to the availability of funding, which is reflected in the Agreement that was prepared by the County
Attorney's Office for Board consideration and approval. Provided that PACE continues to meet the
eligibility requirements for the Broadband Program and there is sufficient funding available, the
remaining incentive payments are scheduled to be disbursed in Fiscal Year 2010 and Fiscal Year 201].
Agenda Item No. 16A 15
November 18, 2008
Page 2 of 9
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 ofthe 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."
LEGAL CONSIDERATIONS: The Office of the County Attorney participated in the preparation of
this proposed Agreement, which is legally sufficient for Board consideration and approval. - JAK
RECOMMENDA TION: That the Board of County Commissioners approve an Advanced Broadband
Infrastructure Investment Program Agreement with PACE Center for Girls, Inc. consistent with the
provisions of the Advanced Broadband Infrastructure Investment Program and the company's
approved incentive application.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget Office, CDES
Item Number:
Item Summary:
Meeting Date:
Page ] of 1
Agenda Item No. 16A 15
November 18, 2008
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A15
Recommendation that the Board of County Commissioners approve an Advanced
Broadband Infrastructure Investment Program Agreement with PACE Center for Girls. Inc.
consistent with the provisions of the Advanced Broadband Infrastructure Investment Program
and the entitys approved incentive application.
11/18/20089:00:00 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Approved By
Financial Admin. & Housing
10/27/20089:33:46 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
10/27/20082:46 PM
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/29/2008 2:35 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/31/20087:35 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
11/3/20083:34 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
11/3/20085:52 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/6/2008 1 :32 PM
file://C:\AgendaTest\Export\l ] 6-November%20 18, %202008\ 16.%20CONSENT%20AGE... 11/12/2008
Agenda Item No. 16A 15
November 18, 2008
Page 4 of 9
This space for recording
ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM
AGREEMENT
This Advanced Broadband Infrastructure Investment Program Agreement ("Agreement")
is entered into this _ day of , 2008, by and between Collier County, a
political subdivision of the State of Florida, through its Board of County Commissioners,
hereinafter referred to as "County," and PACE Center for Girls, Inc" hereinafter referred to as
"Employer," collectively stated as the "Parties." All capitalized terms not defined herein shall
have the same meaning as set forth in the Collier County Advanced Broadband Infrastructure
Investment Program Ordinance, Ordinance No, 2003-59, as amended.
RECITALS:
WHEREAS, on November 18, 2003, the Board of County Commissioners ("Board")
enacted Collier County Ordinance No. 2003-59, commonly referred to as the Collier County
Advanced Broadband Infrastructure Investment Program Ordinance, codified as Article V of
Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to
as the "Ordinance;" and
WHEREAS, the Ordinance provides that its purposes are to: "(I) Establish an advanced
broadband infrastructure investment program for the purpose of enhancing Collier County's
economic diversification efforts; (2) Provide for the economic well being of Collier County
residents by providing better opportunities for high-wage employment in Collier County; (3)
Lessen the seasonal cycle of Collier County's economy; and (4) Encourage investment
opportunities for new or existing companies thus increasing and diversifying the county's tax
base;" and
WHEREAS, Employer has submitted an application to be considered for the Program,
which application is on file with the County Manager's Office; and
WHEREAS, the County Manager or his designee, having reviewed the application and,
based on the representations therein, found that it complied with the requirements outlined and set
forth in the Ordinance, hereby recommends approval.
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Agenda Item No. 16A 15
November 18, 2008
Page 5 of 9
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 legal description of the business or project is attached as Exhibit "A", and is
incorporated by reference herein.
3. This Agreement will commence upon its execution by the County, and will
terminate with the final Program payment to Employer. Employer must be fully compliant with
its initial Program eligibility throughout the term of this Agreement.
4. The total value of payments to be approved under this Agreement will be the cost of
the approved business project's system installation or upgrade, up to a maximum of $25,000.00.
The funds will be paid in equal installments over a three-year time period, at the beginning of
each fiscal year, beginning in the fiscal year after the infrastructure improvements have been
verified as complete by the County Manager or his designee. This award is subject to funding
availability for each fiscal year. Employer understands that the Ordinance will expire and be void
on October I, 2013, unless continued by a vote of the Board prior to this date, and as such, the
installment payments hereunder could be discontinued as well.
5. Employer will notify the County Manager or his designee, in writing, once the
broadband infrastructure installation is complete. The County Manager or his designee will
verify project completeness and obtain a copy of all invoices detailing costs related to such
project. Employer will pay, or have already paid, its tax bill in full to the Collier County Tax
Collector's office annually on or before the date it is finally due. Under this program, applicants
are not eligible to pay their taxes on an installment basis. Employer will then submit a copy of
their ad valorem tax payment receipt to the County Manager or his designee, verifying all taxes
have been paid in full and on time for each year the company is eligible for payment under this
program. Upon receipt, and verification of compliance with the terms of the Ordinance and this
Agreement, payment to the applicant will be authorized within 60 days.
6. If the property which is subject to this Agreement is delinquent in the payment of its
annual taxes or special assessments at any time within the payment period, then any outstanding
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Agenda Item No. 16A 15
November 18, 2008
Page 6 of 9
balance to be paid will not be made unless and until all outstanding ad valorem property taxes and
special assessments are paid in full,
7, An annual review for compliance under this Agreement shall be performed by the
County to determine whether there has been good faith compliance with the terms of this
Agreement. If the County Manager or his designee fmds, on the basis of substantial competent
evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or unilaterally modified by the County, Employer shall be given 10 business
days prior written notice of any review. In addition to an annual review, within 10 business days
from the County's written request, the Employer will provide the County with all requested
documentation required to verify compliance with the terms of the Ordinance or this Agreement.
8. 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. This Agreement will run with the land.
9, In the event the Employer is in default under this Agreement, and the default is not
cured within 30 days after written notice is provided to the Employer, the Board may bring a civil
action to enforce this Agreement or declare that the grant funds are thence immediately due and
payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs,
incurred by the County in enforcing this Agreement, plus interest at the then maximum statutory
rate for final judgments, calculated on a calendar day basis until paid. By way of example and not
as a limitation, this Agreement will be in substantial breach upon the following events: (1) any
change in the status of the business or project such that it no longer meets the required Program
criteria, including maintaining the minimum number of qualifying jobs; (2) failure to fully
comply with all reasonable requests during any County review conducted pursuant to this
Agreement; and (3) upon the County Manager or his designee being informed of a material
misrepresentation in the Application.
10. The County shall record this Agreement in the Public Records of the County, with
all costs of recording being paid by the Employer.
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Agenda Item No. 16A15
November 18, 2008
Page 7 of 9
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:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
Page 4
AS TO PACE CENTER FOR GIRLS, INe.
a Florida Non Profit Corporation
Signed, sealed and
de1li.Y..ered in .the presence of:
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, .
Si~ature
IAN
Printed Name
~.A.,.J...,M. ~~
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Signature
\--\c. r-. \ '~} /--I,~o 5
Printed Nam
YA V IS
STATE OF FLORIDA
COUNTY OF \)ll Yo \
Agenda Item No, 16A 15
November 18. 2008
Page 8 of 9
The foregoing instrument was acknowledged before me this \ \~'!l. day of f:\--pr. '\ ,
2008, by DONNA GALLAGHER, as President of PACE CENTER FOR GIRLS, INe., who is
personally known to me or has produced \)L ~ l:\'\J.U-Il~'':;d :-)~-O as identification.
~.""- il...A. ".,0 c.-'-::>
Signature of Person Taking Acknowledgment
Print Name: 1(,(\,0.. \) fn>i)
My Commission Expires: Y(\ (JU k ......2!!i.il
[NOTARIAL SEAL]
G)"'~ ~_~.DAVIS
: i ~'."""" DO 645631
- . "" Expires Marohl, 2011
,II' 8ondIctThruTftIY~~8OO-JM.1019
Amy P rson, Manager
Impact Fee and EDC Manager
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Agenda Item No. 16A15
November 18, 2008
Page 9 of 9
EXHIBIT A
DESCRIPTION OF PREMISES
All of Lot Nos. 1 through 6, Block A, TOWNSITE OF IMMOKALEE, according to the plat
thereofrecorded in Plat Book 1, Page 60, of the Public Records of Collier County, Florida.
AND
That certain parcel or tract of land situate in Section 3, Township 47, Range 29 East, Immokalee,
Collier County, Florida, formerly an alley, and bound on the West by First Street; bound on the
North by Lot Numbers I through 8, Block A, Townsite of Immokalee; according to Plat thereof
as recorded in Plat Book I, Page 60 of the Public Records of Collier County; bound on the East
by Second Street; and bound on the South by Lot Numbers 9 through 16, Block A, Townsite of
Immokalee, according to the Plat thereof as recorded in Plat Book 1, page 60, of the Public
Records of Collier County, Florida.
TOGETHER WITH all right, title interest of Grantor, if any, in and to that certain sixty foot (60)
wide right-of-way for Pine Street, as vacated by Collier County Board of County Commissioners
pursuant to Resolution No. 2005-149, as recorded in Official Records Book 3790, at Page 3441,
Public Records in and for Collier County, Florida.
ADDRESS
160 North First Street, Immokalee, Florida 34142
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