Backup Documents 09/26/2017 Item #16F 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S4 Record 101a
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI�
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co y O rc
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney 0 ice no lat
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. f
2. V r_
3. County Attorney Office County Attorney Office a. ) q i a cil i-
4. BCC Office Board of County T-l1>A
Commissioners ` / 1642\1-\
5. Minutes and Records Clerk of Court's Office ---Pin (0 rcf( 2: t
PRIMARY CONTACT INFORMATION I ! I
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 ,1
Contact/ Department 7-4:\7-4:\ Q
-\ _& �_-1-i--- U I 0 " C)
Agenda Date Item was \ Agenda Item Number /�
Approved by the BCC �0�` a-( k g-O 1 1,-' e I
Type of DocumentNumber of Original
AttachedVi ? li'�Q/ Documents Attached 7
PO number or account 00 i (A.9O 3o
number if document is
to be recorded 1 3 '1 Co0 C Los-}C e••••--k i_)
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? 105
2. Does the document need to be sent to another agency for additional signatures? If yes, 9,4.:
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
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
by the Office of the County Attorney. 1111
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 0
5. The Chairman's signature line date has been entered as the date of BCC approval of the �,y
document or the final negotiated contract date whichever is applicable. vyl�
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
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. cg,
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of your deadlines!
8. The document was approved by the BCC on�2 and all changes made during the
meeting have been incorporated in the attache document. The County Attorney's oCtl��
.(y.Q
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the N
BCC, all changes directed by the BCC have been made,and the document is ready for th
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
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INSTR 5456389 969
RECORDED 10/9/2017OR5438 11:17AMPG
PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$78.00
TERMINATION OF BASIC INDUSTRY GROWTH PROMOTION INCENTIVE
PROGRAM AGREEMENT
This Termination of Basic In42try Growth Promotion Incentive ("BIGPI") Program
Agreement executed as of September 4472017 by the Board of County Commissioners of Collier
County, Florida (the "Commission") and Ferris Marketing, Inc. (the "Employer").
WHEREAS, an Agreement for Basic Industry Growth Promotion Incentive Program
(hereinafter referred to as "Agreement" and attached as Exhibit "A" hereto) was entered into on
the 12`h day of January, 2016, by and between Collier County, a political subdivision of the State
of Florida, through its Board of County Commissioners, and Ferris Marketing, Inc.; and
WHEREAS, Employer, by its execution hereof certifies, represents and warrants to the
Commission that:
a. The Employer was unable to meet the job requirements of the Agreement at the
initial validation meeting; and
b. The Employer has requested a termination of the BIGPI Agreement; and
c. The Employer has not received any funds pursuant to the Agreement.
WHEREAS, the Commission has authorized the execution and delivery of this
Termination of Basic Industry Growth Promotion Incentive Program Agreement; and
WHEREAS, by execution of this Termination of Basic Industry Growth Promotion
Incentive Program Agreement by both parties, the Agreement will be terminated as of the date of
its recording in the Official Records of Collier County, Florida
IN WITNESS WHEREOF, the Commission and the Employer hereby:
1. Incorporate all the above recitals herein as if fully stated.
2. Agree to terminate the Basic Industry Growth Promotion Incentive Program Agreement
with the County responsible for the cost of the recording.
SIGNATURE PAGES TO FOLLOW
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[17-EDC-00048/1356608/1] Page 1 of 3
16 F6
COUNTERPART SIGNATURE PAGE FOR THE COMMISSION
TERMINATION OF BASIC INDUSTRY GROWTH PROMOTION INCENTIVE PROGRAM
AGREEMENT
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
•
By: lA. 1 C b By:
.-uty Clerk PENNY T OR, CH•dir AN
Attest as,to,
signature ofly:
Approved as to form and legality:
Jennifer Belpedio
Assistant County Attorney
�} g
[17-EDC-00048/1356608/1] Page 2 of 3
16F6
COUNTERPART SIGNATURE PAGE FERRIS MARKETING, INC.
TERMINATION OF BASIC INDUSTRY GROWTH PROMOTION INCENTIVE PROGRAM
AGREEMENT
Signi:d and delivered FERRIS MARKETING, INC.
in ou •e as witnessess� ��i�
/ /
Pri '��. e: `1,1L'��1�t!�"r 7 I , By: I/�_ --- / �
I Name: CNn.�LW�3£L Wgee,J
Title: 1/-
Print Name: v `
!
STATE OF !.
t— / Gt.
COUNTY OF I i
The foregoing instrument was acknowledged before me this /L/ day of
/90614/4-- , 2017, by et,Locite --r(i 4 , as of FERRIS
MARKETING, INC. on behalf of the company, who ( �s personally known to me or ( )
has produced as identifica 'en. 1,' e: If a form of identification is not
inserted in the foregoing blank, then the person is p rsonal I own to me.
il
:iOt'PY P` ;. YAUSSY GONZALEZ '—•j��
f. � r '1.�* MY COMMISSION#FF108472 1 ' ; C- STATE •F FLORIDA
14. ,-,,-,,es EXPIRES April 1, 2018 Pr nt Name: 005_94
(407)398-0153 FlorldallotaryServlce.com
My CommissionExpire .101F0it , Zpjg
[17-EDC-00048/1356608/1] Page 3 of 3
EXHIBIT 16F6
Page of
BASIC INDUSTRY GROWTH PROMOTION INCENTIVE PROGRAM AGREEMENT
This Agreement for Basic industry Growth Promotion Incentive ("BIOPI") Program
(hereinafter referred to as "Agreement") is entered into this 12th day of January, 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 Ferris Marketing, Inc.
(hereinafter referred to as"Ferris Marketing").
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, Section 125.045, Florida Statutes, 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, Collier County created the Basic Industry Growth Promotion Incentive
("1310P1") Program on September 24,2013, with revisions on January 13, 2015, the objective of
which is to advance Collier County's economy by encouraging near term job growth
opportunities for expansions and recruiting new target industry companies that might not qualify
for the State of Florida's incentive program for Qualified Target Industries(QTI)program;and
WHEREAS, Ferris Marketing has applied for this program as a financial incentive for
the inducement of confidential project "15-013," consisting of expanding the workforce of its
art.....`
Page 1
1 0 F 6
international wholesale operation located at 4720 Radio Road, Naples Florida 34104 as real
property in Collier County, Florida,owned or controlled by Ferris Marketing, for the distribution
of a variety of durable goods including peripheral computer electronics denoted by North
American industry Classification System, 2012 (NAICS) Number 4239 (hereinafter referred to
as"Project"),and creating 12 jobs within 12 months;and
WHEREAS, Ferris Marketing estimates that this Project will require it to expend
approximately $250,000 in Capital Improvements, consisting of tangible personal property and
equipment for the distribution 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 Ferris Marketing's Targeted Industry Business expansion as defined in Section
288.106, Florida Statutes and approve Ferris Marketing as a qualified applicant to the Collier
County Basic Industry Growth Promotion Incentive 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.
2. The Board hereby agrees to enroll Ferris Marketing into the BIGPI Program, a
copy of which is attached hereto and incorporated into this Agreement. As adopted, the Program
and agreement provides that Five Star's demonstrated and program compliant job creation
performance would be eligible for payments corresponding to the number of jobs applied for,
plus additional per job payment eligibility up to twice the number of jobs submitted on an
September II,2015 Promotion Incentive Application, a copy which 1.90001[0d incorporated
into this Agreement.
Page 2 •
6rb
3. In consideration for such assistance, Ferris Marketing hereby accepts the benefits
and burdens set forth below. Ferris Marketing's application stipulates to the creation of 12
eligible jobs in one phase. The job creation schedule will consist of the following: 12 eligible
jobs created by January 12th, 2017, with average wages meeting or exceeding NAIC 4239
average wage of$43,635.00, for Collier County in the Official Quarterly Census of Employment
and Wages Data (QCEW) published August 14, 2015. Annual Incentive payments shall be
distinctly calculated and exclusive for each phase over a four year term, and be equivalent to the
sum of 25%of$3,000 for each job created upon verification of the eligibility of the jobs, and be
paid within 90 days of validation by the Collier County Clerk of Courts. The total four year cost
of this agreement will range from $36,000 to a not to exceed amount of$72,000 depending on
the quantity of jobs exceeding the initial application (limited to double) during the four year
term. The annual payment will not exceed 25%of the total award in any single year.
4. Should at any time over the term of this Agreement the number of qualifying jobs
be less then set forth in the payment schedule set forth above, for such payment period the
County Manager or his designee will authorize a lesser sum be paid based on the actual number
of jobs created and verified. This diminution of grant funds shall be the County's sole remedy
should Ferris Marketing not meet the scheduled job creation. Ferris Marketing understands and
agrees that there is no defined funding source for this Project, and as such these grants are
{
subject to annual appropriation.
5. As a precondition to payment, Ferris Marketing shall give the County, including the
Collier County Clerk of Courts, access to review its business records required to certify the
created jobs. Ferris Marketing shall be given .10 business days prior written notice of this
review. Any documents or copies of documents retained by the County that contains any
individual employee's personal identifying information that is held as evidence of the
employment and wage requirements of this contract will be confidential in accordance with
Section 288.075, Florida Statutes, for the duration of this contract.
6. 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.
ti
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Page 3
16 F 6
Legal Matters
7. 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.
8. 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
I ,
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 Ferris Marketing without the prior written consent from the County. Nothing contained
herein shall he 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 tirst above written.
Attest:
DWIGHT E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS
,, 0 tk•., COLLI. COUNTY, ,LORIDA
By; 0 '„L'' ?...4' '4:.:4)-- C •
4 BY: i
Attittat . ,tt! .:t!5puty Clerk 6;c:=, .•,,,, ‘c,..\c.x. ,Chairman
liOittlre,IniV
Appr , ( as tbtortfiund legality:
. ,
_ __ C.;Q: ''' !-4.••1 .---
Jenni er A. Belpedio,
Assistant County Attorney
<i). Aks\
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Page 4
1
6 F 6
AS TO Ferris Marketing, Inc., r"}
Signed, sealed and ,
�.l
Delivered in the presence of:
By:
Signature Rona d Ferris,CEO,
Ferris Marketing, Inc.
Printed Name
Nqj
Shat ►r, 0 /911(0
Prin d Name
E
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this 22"day of January, 2016,
by Ronald Ferris, CEO of Ferris Marketing,Inc.,who is pers .ally known to me or has produced
as proof of identity.
r
/Mt
[IN'OTARIAI, SEAI..] __ ___._.
Signet 1 ,•son Taking Acknowledgment
�?l►4 •U v
t YAUSSY GONZALEZ
I MY COMMISSION#FF1o8472
'`.!,tie' EXPIRES April 1,2018
(407)398.0153 FiorklallotaryServicaxem
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Page 5
16F6
COLLIER COUNTY 2015 BASIC INDUSTRY GROWTH
PROMOTION INCENTIVE APPLICATION
An affidavit certifying continued compliance of employment requirements far the term of the agreement is
required annually before incentive payments will be released, Certification methods must be approved by the
County Manager and meet the equivalent validity of the Florida Department of Economic Opportunity Form
RT-6(Formerly UCT-6) .
Applicant Business name Collier County Economic Development Project 015-013
Contact&PhoneConfidentialit re.uested tier FL Statute 288.075 on file w/Collier Count oard Office ii
of Business &.EconomicPevelot ment.„
Maihg address: See above r-
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Federal Employer klo
ientifican#See above Florida Sales Tax Registration#See above Project
location(Collier only), See above CN
Anticipated dates of project start and completion?(Application approval required prior to making decisions
to locate new businessh Collier County) September 1 2015-June 1,2016
hdustry description:hdustry NAICS code: 4239
Description&types of new positions Distribution Center workers. Supply Chain Project&
Operations management and coordinators,other office personnel
Description of parent companies or corporate affiliations- N/A
Total number of new positions to be created by the proposed project?12
If positions are to be ph ased rt please provide dates employment will be complete for each phase. N/A
Provide aggregate annual average wages of new positions created by NAICS grouping. Approximately
$44,000 per year
Describe expansions to real&personal property ncluding major capital investments by type of imestment:
Additional material handling&storage eguipmert, warehouse management computer systems, office area
computers & other e•ui*merit etc.
Describe why this incentive is needed or if it will impact the deciaDn of the applicant whether to bcate in
Collier County-Ttis tyci -tive has 4airr:ciazit in adctris A cu ferakty in Coker Ccurty.
What other states/commurties are competing for this project and what incentives are being offered?Option
exists in Massachusetts.
Do you certify that all positions covered by this application are bonafide new positions and have not existed
Ii any form in Collier County or any of is poltical subdivisions within 24 months? Yes
List all other state and federal economic development or financial support. None
Has the applicant business ever been subjected to criminal or civil fines or penalties? No
•I hereby swear that the information contained in this applicistion Is accurate.
- ,
Sworn to and subscribed to me this the l/ otodility of '.."/"-a- ',- t.,4-l---'''20 t..5
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Notary Public,State of Florida S 7'.:14,,,4. '''589 ! if Employer/Business authorized agent
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Submit applications and questions to:Collier County Dfficnigsiness and Economic Development,2500 N.Horseshoe dr.,Naples Ft,
34104.Contact lace kenmet,(239)252-4040.
hforrnation and documents releasedto Collier County are subject to Public Disclosure Regulations,