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Ordinance 2008-16 ",10111213 '\~ ,~ (Q ~ l-~' ~ ~ . ~~~ ~ ORDINANCENO.2008- 16 ~ ~%J ~ ~ . ~ "v"v" AN ORDINANCE OF THE BOARD OF COUNTY ~~<~9l9Z'\1't"'''v COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE JOB RETENTION INVESTMENT PROGRAM, TO BE AVAILABLE TO TARGETED, HIGH- WAGE LOCAL COMPANIES IN ORDER TO PRESERVE THE EXISTING TARGETED WORKFORCE AND ENCOURAGE THE EXPANSION OF ADDITIONAL HIGH WAGE JOBS; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. ._.1 r_). , . c.:."_' r-- ,':;;:. <::';1,;) :- :7- ""n .~ :r:""" .' , :;0 ~,~ )'> (.,,) - C/,' ({", . r"q , 'n ,.' r;! 7:':: - ( . -,,-:-, -"" .:J r: rp (~5 ~~~: .c.:- 0"-' -l >r'1 WHEREAS, Collier County has historically depended on tourism, agriculture and construction as major components of its economic base, all of which are susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners desires to promote and foster economic diversification through the creation and retention of high wage jobs in targeted industries; and WHEREAS, the creation of a Job Retention Investment Program will provide further incentives to encourage the retention of existing companies and employees and is critical to the overall economic diversification efforts of Collier County; and WHEREAS, the adoption of a Job Retention Investment Program serves a valid public purpose, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. A new Article VI , Sections 49-60 through 49-64 of Chapter 49 of the Collier County Code of Laws and Ordinances is hereby created to read as follows: ARTICLE VI. JOB RETENTION INVESTMENT PROGRAM Section 49-60. Applicabilitv This article applies to the unincorporated area of Collier Countv. Florida. and to all incorporated areas of Collier Countv to the greatest extent authorized by Article VIII. Section 1m of the Florida Constitution as it may be implemented by an intergovernmental or interlocal agreement. Section 49-61. Purpose The purposes of this article are to: (1) provide a performance-based program offering financial incentives to eligible targeted industries in Collier County to mitigate the effects of escalating relocation and expansion costs; (2) provide for the economic wellbeing of Collier Page 1 of4 Underlined text is added; struck tllrollgh text is deleted. County residents by proyiding high-wage employment opportunities in Collier County; and (3) encourage investment opportunities for the expansion of existing businesses. thus increasing and diversifying the County's tax base. Section 49-62. Proeram Elieibilitv Criteria (a) To be considered eligible under this Program a company must meet all of the following criteria: 1. The company must have been operating in Collier County for a minimum of two (2) years. and at all times be in full com1Jliance with all applicable laws and regulations; 2. Participation in this Program is limited to the following industrv clusters: Aviation and Aerospace. Health and Life Sciences. Computer Software and Services. Manufacturing and Wholesale Trade and Distribution; 3. The company must meet the criteria and participate in the State of Florida Qualified Targeted Industry (QT!) Tax Refund Program as set forth by Section 288.106. Florida Statutes; 4. The average wage of the retained iobs must be at least 115% of the average wage for Collier County; 5. The company must retain a minimum of five (51 jobs; and 6 A minimum of 50% of the company's revenue must be generated from outside of Southwest Florida (Sarasota. Lee. Charlotte. Glades. Hendry and Collier County). Section 49-63. Job Retention Inyestment Proeram (a) General ReQuirements. Pursuant to the provisions set forth in this section. the County hereby establishes a Job Retention Investment Program to provide incentives to retain specified existing jobs in Collier County, (b1 Avv/ication Process. Any entity seeking eligibility and payment through the Job Retention Investment Program will file with the County Manager an application for the Program after receiving the approval of the Economic Development Council of Collier County as an eligible participant in the Program. The application must contain the following: 1. The name and address of the business owner; 2. The complete address and legal description of the site where the business is located. or the complete address and legal description of the proposed site if the business is relocating; 3, The type of business being proposed using Standard Industrial Classification (SIC) or North American Industrial Classification System (NA1CS); 4. The number of full-time iobs being created; 5. The number of full-time jobs being retained; 6. The average wage of those iobs created and retained; Page 2 of 4 Underlined text is added; struck tllrollgh text is deleted. 7. The amount of time that the existing business has operated in Collier County; and 8. The date (month and year) when the new iobs will be in place. Section 49-64. Implementation (a) Under this Job Retention Investment Program the eligible company may be awarded $1.000 per existing iob retained. with a minimum of five (5) existing iobs to be retained. The company must meet the criteria and participate in the State of Florida Qualified Targeted Industry (QT!) tax incentive program. (b) The eligible company under the Job Retention Investment Program will enter into a Job Retention Agreement with Collier County. which shall be prepared by the County Attorney's Office consistent with this Article. An annual review and audit of performance under such Agreement shall be performed by the County Manager or his designee to determine whether there has been good faith compliance with the terms of the Agreement. Employer shall give the County auditor full access to its business records and business premises as required to certify the retained and created iobs. If the County Manager or his designee finds. on the basis of substantial competent evidence. that there has been a failure to comply with the terms of any such 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 and audit. In addition to an annual audit. 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 any Agreement. (c) Job Retention Investment Program funds will be paid. based on the number of existing iobs retained. in equal amounts over a three year time period, Upon creation of the new iobs. as required by the State of Florida Qualified Targeted Industry (QTI) tax incentive program. the company may submit a request to the County Manager for payment of Job Retention Investment Program funds along with documentation related to the retained iobs. Such documentation shall be verified by the County prior to the release of funds. Any award under this program is subiect to the availability offunding. (d) In the event that the company fails to comply with the terms of the Program. including failure to Qualify or maintain Qualification for the State of Florida Qualified Targeted Industry (QTI) tax incentive program. or any other default occurs. the default must be cured within thirty (30) days from written notice being provided to the owner. The Board is entitled to recover all fees. costs. including attorney's fees and costs. incurred by the County in enforcing the Agreement. plus interest at the then maximum statutory rate for final iudgments. calculated on a calendar day basis until paid, (e) The provisions of this Article will expire and be void on October 1. 2013 unless continued by a vote of the Board of County Commissioners prior to this date. Page 3 of 4 Underlined text is added; struck thnlllgh text is deleted. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or an yother appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State, PASSED AND DULY ADOPTED by majorIty vote of the Board of County Commissioners of Collier County, Florida, this 25-1+1 day of _Ma (ch ,2008. A TTESl:;:: ,- t'r . DWIGHT E. BROCK, CLERK .... " .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ eputy Clerk By: Attest as 'too. stllNttn .1". A a ow ounty Attorney This ordinance filed with the Secretary of State's Office the 31" day of /Y\t.rc.h ,UoK and acknowledgement of that filing received this ~ day of Ar'il ~L' e' ~ Page 4 of 4 y o.pull' tr' Underlined text is added; stmek thrsllgh text is deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-16 Which was adopted by the Board of County Commissioners on the 25th day of March 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of March 2008. DWIGHT E. BRQC'Jil' "' . ~" Clerk of CQ,,:t'ts arid' C...,erk Ex-officio- tb.,136ard 01' . County Commi~ioners ~~ " '. /L.-, ~'~'. /~ By:Martha Ver Deputy C ~-' .;.... ,.....'