Res 62-12RESOLUTION NO. 62 -12
A RESOLUTION OF THE CITY OF DELRAY BEACH RECOGNIZING
THE IMPORTANCE OF ECONOMIC DEVELOPMENT AND
ECONOMIC DEVELOPMENT INCENTIVES TO THE FINANCIAL
STABILITY OF THE CITY APPROVING AN ECONOMIC
DEVELOPMENT INCENTIVES POLICY FOR THE CITY OF DELRAY
BEACH PROVIDING FOR SEVERABILITY PROVIDING FOR
REPEALER PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that a significant part of the financial stability of the
City is a strong economic base and a strong economic development plan; and
WHEREAS, the City has acknowledged that a successfiil economic development plan
includes economic development incentive programs; and
WHEREAS, the City desires to have a consistent policy for the City economic development
programs now therefore
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the City Commission recognizes the importance of economic
development and economic development incentives to the financial stability of the City.
Section 2. That the City Corninission previously approved the creation of the City of
Delray Beach Economic Development Fund.
Section 3. That the City Commission approves the Delray Beach 'Economic
Development Incentives Policy a copy of which is attached hereto.
Section 4. If any section subsection clause or provision of this resolution is held
invalid die remainder shall not be affected by such invalidity.
Section 5. All resolutions or parts of resolutions in conflict herewith shall be and
hereby are repealed.
Section 6. This resolution shall take effect immediately upon adoption.
in regular session on the 11 dap of December, 2012.
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MAYOR
RES NO. 6212
RENT ASSISTANCE INCENTIVE PROGRAM
CITY OF DELRAY BEACH, FLORIDA
PROGRAM GUIDELINES
I. FUND AMOUNT: The total funds allocated to the Rent Assistance Incentive Program will be identified
in the economic development program budget for the fiscal year, which is entirely contingent on
approval by the City Commissioners of the City of Delray Beach.
II. OVERALL GOAL: Support the economic stimulus of the City of Delray Beach to achieve an appreciable
long term expansion of the local economy, enhance the prospects for business growth, and provide
additional full time employment opportunities (preferably skilled and good paying jobs) for the residents
of the City of Delray Beach.
ELIGIBILITY CRITERIA
III. APPLICATION SELECTION CRITERIA:
1. Intent of Incentive Program
Relocation or expansion of larger commercial, industrial, office, and agricultural - related
entities within the City of Delray Beach (retail, restaurant and other similar service
businesses are ineligible), which create new employment opportunities for residents; and
which also meet one or more of the following important considerations
a) involve a targeted cluster industry* (as identified by Enterprise Florida);
b) locate /expand in areas of Delray Beach targeted for economic development or
redevelopment;
c) add to the diversity of the local economy;
d) substantially contribute to increasing the ad- valorem tax base of Delray Beach;
e) involve a major investment, such as construction or renovation of a facility.
2. Job & Salary Commitments
Relocation or expansion projects will be required to:
a) create and /or relocate fifty (50) or more new full time non - retail jobs in Delray Beach
within the first two years of the agreement; and
b) pay an average annual salary at least 115% of the Palm Beach County median income,
as determined by Workforce Alliance and the Florida Department of Economic
Opportunity, for all privately owned businesses in Palm Beach County.
3. Rent Assistance Incentive Average Annual Salary Identification
The applicant will identify and commit to providing an average annual salary for the new
jobs which will be at least 115% of the median income in Palm Beach County (average of all
local privately -owned businesses). An important consideration to the City of Delray Beach is
whether an applicant will commit to paying a high or very high average annual salary for the
newly created /relocated jobs which exceeds or preferably far exceeds the County's average
annual wage (private sector only). A business proposing to pay a high or very high salary for
the new jobs might possibly increase the prospects that the City leadership will support the
company's receipt of an incentive award under this program.
The applicant will be required in the Economic Development Incentive application to
identify two average annual salaries for the new jobs:
a) All New Jobs. Identify the average annualized salary for all new jobs. Include all
exempt and non - exempt employees and all officers and senior corporate executives
that will represent the total number of new full time jobs to be created /relocated in
Delray Beach.
b) Non - Executive Jobs Only. Identify the average salary per annum of the new exempt
and non - exempt employees only; exclude from these calculations the average annual
salary of the officers and senior corporate executives which are included in (a) above.
The salary figure (excluding benefits) for (a) above will be the salary commitment in
the agreement and is derived according to (c) below.
c) Determining Average Annual Salary of New Jobs. The job /salary commitment that the
applicant identifies in the application will be based on the wage criteria of the Quarterly
Census of Employment and Wages Program (QCEWP), also referred to as the ES -202
Program ( * see below).
Include total pay for work, earned wages and remuneration on an annual basis,
including:
Direct actual salaries, tips, bonuses, commissions, overtime, stock options, drawing
accounts (against future earnings), paid leave, sick pay, vacation pay, and other
payments such as cash value of meals and lodging, and employer contributions to
deferred compensation plans including 401(k) plans.
Excluded benefits: Employer contributions to Old -age, Survivors', and Disability
Insurance (OASDI), health, life and unemployment insurance, worker's compensation,
private pension and welfare funds.
* The QCEWP /ES -202 Program is a cooperative program involving the Bureau of Labor
Statistics (BLS) of the U.S. Department of Labor and at the state level the State
Employment Security Agencies (SESAs). In Florida, the ES -202 Program is under the
jurisdiction of the Department of Economic Opportunity.
Florida Department of Economic Opportunity: www.floridajobs,or�
e -mail: gcewdeo,myflorida,com
U.S. Bureau of Labor Statistics: www,bls oov /cew /cewover.htm
4. New Job Performance, Maintenance & Verification
a) The required number of jobs will be provided and filled (i.e., any position or job
classification identified on the payroll that is actually filled by a new employee) within
twenty -four (24) months of the commencement date of the grant agreement.
b) The company and Delray Beach will negotiate a relocation timeframe, which generally
can range from 12 months to 36 months (e.g., 17 months, 22 months, 34 months, etc.).
c) Section VII below elaborates on the requirements for the audit that the independent
Certified Public Accountant (CPA) must adhere to in order for the performance audit
that is completed by the CPA to be deemed acceptable to Palm Beach County; and
d) The new jobs will be maintained at minimum for an additional 24 months,
commencing upon the company providing Palm Beach County with an independent
audit providing verification of compliance by the company with the performance
standards of the grant agreement.
5. Exceptions to Criteria
The Economic Development Director may recommend applying criteria to a particular
application that differs from the standard criteria set forth above in order to insure
compliance with the goals and mandates of the Rent Assistance Incentive Program. City
Management must initially review and support any exceptions to the program criteria.
This is in order for the Economic Development Director at a later date to present a Rent
Assistance Incentive agreement to the City Commission which recommends that the
Commission:
a) waive a standard criteria of the Rent Assistance Incentive Program (note: waiver is
rarely considered or justified); and
b) approve the grant agreement.
IV. INCENTIVE AWARD LIMITS
1. Maximum Award
This incentive program provides matching grants of up to $50,000 (up to 50% of the first
year annual rent or lease payments) for businesses moving into existing vacant building
space. Existing businesses expanding into larger space may also qualify for the program
based on the economic impact of their expansion. There is a potential for a larger award
upon recommendation by the City Manager and the Economic Development Director. The
final determination on the recommendation of the total award amount can only be made by
the City Commission.
2. Incentive Award Parameters
The Rent Assistance Incentive Program is based on and requires a five year lease in which
the City of Delray Beach will pay:
a. Up to $50,000 (up to 50% of the annual rent or lease amount) for the initial year;
b. Up to $25,000 (up to 25% of the annual rent or lease amount) for the second year;
c. Up to $10,000 (up to 10% of the annual rent or lease amount) for the third year;
d. With the business paying the full amount for the fourth and fifth years.
Failure to maintain the jobs created and incentivized by this program, for the full term of
the program, will require repayment of incentive dollars to the City of Delray Beach.
3. Minimum Grant Award
There is no minimum award per application.
V. DEFINITIONS
New Job — A full time or equivalent job (minimum of 2,080 hours annually) that is created in or
relocated to the City of Delray Beach which adds to the City's total job base, adds incrementally
to the company's payroll, results in a net increase in the number of employees, and involves
only a new employee working on -site at the company's facility that is located in Delray Beach. A
full time or equivalent job may include permanent salaried, part -time, leased employees, and
contractors and subcontractors.
Relocating Employee — A full time or equivalent employee currently identified on the company's
payroll that is being relocated to Delray Beach.
VI. PROGRAM PROCESS
1. Economic Development Incentive Fund —City Commission establishes funding for Rent
Assistance Incentive Program through the annual budget process funding the Economic
Development Incentive Fund.
2. Economic Development Director Assistance —The applicant is encouraged to request
assistance from the Economic Development Director for the City of Delray Beach to help
determine whether the company will qualify under the Rent Assistance Incentive Program
Program's eligibility criteria.
a) The Economic Development Director will assist the company to completely and
satisfactorily fill out the application and submit it (enclosing all required
documentation) to the City Manager for consideration by the Delray Beach City
Commission.
b) The application will identify the total number of new full time jobs and the
average annual salary (excluding benefits) of the new jobs. It will further provide
details relative to the leasehold property, including all letters of intent and /or lease
offers.
c) For an expansion project of a business currently located in Delray Beach, the
Economic Development Director will ensure that the applicant provides a certified
or notarized letter by an officer of the company verifying the current number of full
time employees on its payroll in Delray Beach at the time of application.
d) The involvement of the Economic Development Director in the application
process provides the City of Delray Beach with additional input on an application,
which is helpful in as much as there may be competition among applicants for
funding assistance. Rent Assistance Incentive Program funds may be limited in any
fiscal year.
3. Application Submittal with Audited Financials
FINANCIAL AUDIT —The Business submits the Rent Assistance Incentive Program application
to City Management for processing by the Economic Development Director with
independent CPA audited financial statements for the most recent three (3) years included.
Exception:
a) Business has existed less than three (3) years;
b) In instances where independently audited financial statements for most recent three
(3), two (2) or one (1) years are submitted by a business for its subsidiary, with the
subsidiary business identified as the Rent Assistance Incentive Program applicant on the
application form, the parent or holding company of the subsidiary applicant must
therefore agree to be a party to and co- signee of a Rent Assistance Incentive Program
grant agreement along with the subsidiary applicant signing (and thereby obligated per)
the agreement.
c) Tax returns for the most recent three (3) years may be submitted in lieu of
independent audited statements for most recent three (3) years for a business which is
not required by federal, state or financial institution regulatory requirements or policies
to have audited statements prepared for its business and operations. The applicant
must however explain in writing when the Rent Assistance Incentive Program
application is submitted to City Management which federal, state or financial institution
regulatory requirements or policies do not require the company to have audited
statements prepared. The applicant must identify whether it is a publicly held company
or a privately held company.
d) In the event the date of the most recent audited statements indicate that more than
six (6) months will have elapsed since their preparation and the anticipated date of the
completion / submittal of the Rent Assistance Incentive Program application to the
Economic Development Director, the applicant may be required to provide interim
financial statements to the City, which may be prepared internally.
e) The audit at the time of application, which must be performed by an independent
CPA and provided on the CPA's letterhead, must be an audit for which the auditor did
"examine" the applicant company's financial statements and expresses a written
"opinion" on the financial statements; (i.e., "in our opinion ").
f) The examination must be conducted in accordance with standards established by the
American Institute of Certified Public Accountants.
g) The applicant's annual report to stockholders, including an independent accountant's
report is acceptable, provided audited financial data for three (3) years is included.
h) A report by an independent CPA that is a "review or agreed -upon procedures
report" on the financial statements is unacceptable to Palm Beach County, and will
result in the following:
i) Applicant is informed by staff that the application cannot be processed unless the
company provides Delray Beach with appropriate audited documentation as
specified above.
ii) Upon receipt of the appropriate audited documentation, processing can continue.
iii) Within a reasonable and mutually agreed to period of time, if the applicant either
cannot or does not provide City staff with the appropriate audited documentation,
processing of the application will cease. Application will be considered null and void.
i) Economic Development Director reviews and screens application. Economic
Development Director may, if it is deemed necessary for a complete review, forward an
application to an appropriate designee having expertise in a given industry.
j) All financial statements and application are forwarded to the City of Delray Beach
Finance Director for review and comment.
k) Whenever the financials or consolidated financials of a parent or holding company
are submitted with the application on behalf of and in lieu of financials of the actual
applicant, which is a subsidiary of the parent /holding company, the parent /holding
company must be party (i.e., additional signee) to any future agreement. Under these
circumstances, the name of the business entity for whom the financials pertain and the
name of the applicant business will both appear in the grant agreement.
Any proprietary confidential business information submitted to the City as part of the
incentive application processes is exempt from the public records law provided the
requirements for exemptions, such as receiving a request for the information to be
kept confidential, will be kept confidential subject to and in accordance with Section
288.075 Florida Statutes.
4. Review Completion & Application Disposition
a) After initial screening of the application by the Economic Development Director, and
Finance Director's review of the applicant's financials, the Economic Development
Director, the City Finance Director and the City Manager will meet to review the
application in order to determine whether the City will issue a Letter of Intent
recommending that the City Commission approve a Rent Assistance Incentive Program
grant award for the applicant or release a Letter of Denial to the company.
b) In the event of a Letter of Denial, City Management will give the company additional
time to provide any pertinent documentation and /or clarification that the company
believes might alter the City Management's disposition to not support the application
and to not recommend a grant award.
5. Notice of Intent
a) Following City Management's issuance of a written notice of intent (with negotiated
grant agreement enclosed) to recommend approval of a Rent Assistance Incentive
Program application, the company has 60 days to finalize (execute and return) the
agreement for processing in anticipation of City Commission action.
b) Failure to complete the agreement within this 60 day period will nullify the
recommendation. However, the company may request a time extension on executing
the agreement. The request should be submitted in writing prior to expiration of the 60
day period.
c) City Management will review the request and determine whether to grant a time
extension for the company to execute the agreement and return same to the EDO.
d) A notice of intent issued without a grant agreement enclosed, which normally occurs
due to timing considerations, will require that the company and the City Economic
Development Director immediately begin negotiating an agreement.
6. Grant Submittal to City Commission
a) Upon receipt of an executed grant agreement from the company, the City Manager
and the Economic Development Director prepare an agenda item on the Rent Assistance
Incentive Program grant agreement for presentation to the City Commission for
approval and execution.
b) The Delray Beach City Commission, at its sole discretion, may accept, reject or modify
any grant agreement.
7. Grant Performance Compliance & Reimbursement Procedure
a) Upon the company satisfying the new job and salary commitments of the Rent
Assistance Incentive Program, the company may seek reimbursement for eligible costs.
b) Pursuant to the agreement, the company submits the reimbursement request to the
Economic Development Director, which must be accompanied by the CPA's report on
the jobs created /relocated, the average annualized salary of the new jobs and the
invoices, as specified in (c) and (d) which follow below.
c) INVOICE DOCUMENTATION: City Finance Director reviews invoices and supporting
documentation from a grantee, checks the invoices for compliance with the grant
agreement and Rent Assistance Incentive Program Guidelines.
i) The grant funds will be provided only for reimbursement of rental expenses as
identified in the Rent Assistance Incentive Program agreement.
ii) Reimbursable expenses must not occur and thus must not be dated prior to
the commencement date of the Rent Assistance Incentive Program agreement,
and must be directly related to the applicant's relocation /expansion project in
Delray Beach.
iii) All reimbursement requests must adequately describe the expenses and
establish that the expense was actually incurred by the company in association
with the applicant's relocated or expanded business operations in Delray Beach.
iv) Refer to #10 below in the event any grant funds will be reserved for a local
match requirement.
d) PERFORMANCE AUDIT: Reimbursement requests must be submitted to the
Economic Development Director and accompanied by documentation satisfactory to the
City of Delray Beach, including an examination by an independent CPA as set forth
below.
i) The Rent Assistance Incentive Program agreement will require that there be
an independent examination by a CPA to verify the accuracy of the number of
the new full time jobs which were created and /or relocated pursuant to the
Rent Assistance Incentive Program agreement, and the average annual salary
(excluding benefits) of those new jobs.
ii) This audit must be performed by an independent CPA, must be provided on
the CPA's letterhead, and must be an audit for which the auditor did "examine"
the grantee's representations for the facility located in the City of Delray Beach.
The CPA must express a written "opinion" on the attached schedule(s) of new
jobs created /relocated and the average annualized salary for the jobs
created /relocated.
iii) The examination must be conducted in accordance with standards
established by the American Institute of Certified Public Accountants and
include examining evidence supporting the company's schedules of new jobs
and average annualized salary of the new jobs.
iv) An audit by an independent CPA that is a "review or agreed -upon
procedures report" concerning the company's schedules is unacceptable to the
City of Delray Beach.
v) Applicant is informed by staff that the review of the audit and reimbursement
request cannot move forward until the company provides the City of Delray
Beach with the appropriate audited documentation specified above.
vi) Upon receipt of the appropriate audited documentation, processing can
continue.
vii) Within a reasonable and mutually agreed to period of time, if the grantee
either cannot or does not provide City staff with the appropriate audited
documentation, processing of the audit and reimbursement request will cease.
Pursuant to the terms of the Rent Assistance Incentive Program grant
agreement, the agreement will automatically terminate if the grantee is unable
to comply with the audit and timeframe provisions of the grant agreement.
viii) Thus, the City Finance Director will not process invoices for payment until
grantee meets the agreed upon performance measures as verified by an
independent audit.
8. QTI Matching Payment — The City Finance Director will reserve and not release any funds
from the grant directly to the company that may be required as the local match under the
State of Florida Qualified Targeted Industry Tax Refund Program, as explained further
below.
9. Eligible Costs Dispute & Resolution — If there is any dispute over the eligibility of costs
submitted for reimbursement, such dispute shall be submitted to the City Manager for final
resolution.
10. Qualified Target Industry Tax Refund Program — In the event the company enters into an
agreement with the State of Florida to receive State tax refunds pursuant to the State of
Florida Qualified Target Industry (QTI) Tax Refund Program as set forth in Chapter 288,
Florida Statutes, as may be amended, the following shall apply:
a) Maximum Match Amount. An applicant may choose to seek a Rent Assistance
Incentive Program grant without initially seeking QTI Program benefits. Any grant funds
provided for under a Rent Assistance Incentive Program agreement may be used by
Delray Beach as reimbursement toward the required QTI local match of up to 20 %. The
total match amount provided by the City may exceed the total JC Rent Assistance
Incentive Program I grant provided, however it is not intended to be in addition to the
Rent Assistance Incentive Program grant amount.
b) Match Payment Procedure. The grant funds paid by the City on behalf of the
company as part of the required QTI local match, and as provided for under an
agreement, shall be paid directly by the County to the State of Florida Economic
Development Trust Fund in accordance with the QTI Program.
c) QTI Commitment Nullified. If the company does not satisfy all of its QTI contractual
obligations with the State of Florida, which results in the termination of the QTI
agreement, but complies fully with its grant commitments with the City, the company
shall be entitled to seek reimbursement of expenditures of funds pursuant to its Rent
Assistance Incentive Program grant. However, any funds that may have been provided
to the State of Florida toward the QTI match shall be subtracted from the total grant
amount.
11. Grant Maintenance Compliance
a) MAINTENANCE REPORT — The Rent Assistance Incentive Program agreement will
require the submittal of an agreed upon procedures report to the Economic
Development Director to verify that the number of new full time jobs which were
created and /or relocated (for which the company was compensated based on the
number of jobs created) have been maintained for the required number of months, and
at the average annual salary identified in the performance audit.
b) The job maintenance period will immediately commence upon the company having
been reimbursed by the Finance Office following the determination as to the extent of
the grantee's compliance with the Rent Assistance Incentive Program agreement.
c) The agreed -upon procedures report must be performed by an independent CPA,
provided on the CPA's letterhead, involve the auditor's testing of the grantee's payroll
records and representations on the positions maintained at the required wage level for
the facility located in Delray Beach pursuant to the Rent Assistance Incentive Program
Rent Assistance Incentive Program contractual obligations, and identify the procedures
performed by the CPA in accordance with standards established by the American
Institute of Certified Public Accountants. Procedures will include testing of not less than
eight (8) payrolls to determine the number of maintained employees in Delray Beach
and the average annual salary during the maintenance period. The report must be
satisfactory to the City in its sole discretion.
d) The company will be informed by City staff whenever the review of the job
maintenance report cannot move forward until the company provides the City of Delray
Beach with additional, appropriate documentation, as specified.
e) Upon receipt of the appropriate documentation, processing of the report can
continue.
f) Within a reasonable and mutually agreed to period of time, if the grantee either
cannot or does not provide City staff with the necessary and appropriate
documentation, processing of the report will cease. Pursuant to the terms of the Rent
Assistance Incentive Program agreement, the agreement will automatically terminate if
the grantee is unable to comply with the job maintenance provisions of the agreement.
g) Under the circumstances of (f) above and according to the terms of the Rent
Assistance Incentive Program agreement, the City will seek a refund from the grantee of
the funds provided to the grantee based on the performance audit.
h) The Economic Development Director will inform the grantee, the pertinent City
departments and the City Manager as to the final outcome and disposition of the
maintenance report following staff completing its review of the report.
12. Business Survey — The Economic Development Director will periodically distribute a
Business Survey to the recipients of a Rent Assistance Incentive Program grant award to
determine the ongoing economic impact of the relocation or expansion. The results of the
survey will be forwarded to City Management and the City Commission.
VIII. PROGRAM INQUIRES
Inquiries on the Rent Assistance Incentive Grant Program, including obtaining a complete application
packet, should be directed to:
The Economic Development Director for the City of Delray Beach
20 N. Swinton Avenue
Delray Beach, FL 33445
PHONE (561) 276 -8640 FAX (561) 276 -8558
e -mail: nolanv@mydeiraybeach.com
www.businessdeirgy.org
In addition, questions concerning the State of Florida Qualified Target Industry (QTI) Tax Refund
Program, and the possible use of County's funds toward the required local match under the State's QTI
Program, may be handled by either:
Palm Beach County Office of Sustainable Economic Development
P.O. Box 1989, West Palm Beach, FL 33402 -1989
301 N. Olive Avenue, West Palm Beach, FL 33401 - 10th Floor
PHONE (561) 355 -3624 FAX (561) 355 -6017
www.pbcgov.com /edo
or
Business Development Board of Palm Beach County, Inc.
301 Evernia Street, West Palm Beach, FL 33401
PHONE (561) 835 -1008 FAX (561) 835 -1160
www.bdb.org
In addition to satisfying the above identified requirements of the Rent Assistance Incentive Program
Guidelines, the applicant is advised:
Not to employ or retain any company or person, other than a bona fide employee working solely
for the applicant, to solicit or secure the grant award, and not pay or agree to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for the
applicant, any fee, commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of the grant award.
*Targeted Cluster Industry (industries identified are subject to change; the Delray Beach City
Commission may add /delete targeted local industries)
aerospace / engineering
marine
agribusiness / equine
medical / pharmaceutical / health care
business /financial services
science /technology
communications / information technology
tourism / recreation / entertainment
Coversheet
MEMORANDUM
TO: M ayor and Ci ty Commi ssi oners
FROM: Vin Nolan, CEcD, Economic Development D i rector
THROUGH: David T. Harden, City Manager
DATE: December 6, 2012
Page 1 of 4
SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012
RESOLUTI ON NO. 62-12 /DELRAY BEACH ECONOM I C DEVELOPM ENT FUND
ITEM BEFORE COMMISSION
Establ i sh speci f i c program gui del i nes for economi c devel opment i ncenti ve programs f unded through the
City budget and the Delray Beach Economic Development Fund.
BACKGROUND
Earl i er thi s year, the Ci ty Commi ssi on establ i shed the Del ray Beach Economi c Devel opment Fund by
adopti ng Resol uti on 21 -12. The i ni ti al purpose of that f and was to provi de City economi c devel opment
i ncenti ve f undi ng for the I oval match requi red by the State i n recrui ti ng compani es f rom out-of-state to
Delray Beach. The initial funding was up to $1,000,000 of funds currently included within the City's
unrestricted General Fund reserves.
During the City's budget development process over the summer it was proposed to create additional
i ncenti ves to be offered by the Ci ty for busi nesses rel ocati ng to Del ray Beach f rom other areas wi thi n
Fl on da, to expand exi sti ng busi nesses wi thi n Del ray Beach and to support entrepreneuri al devel opment
in Delray Beach. These i ncenti ves were intended to be budgeted as part of the City's annual budget
planning process and the City Commission's adopted budget funds these programs initially for the
2012/2013 year at $100,000. Once funding had been committed, staff began developing the speci f i c
program gui del i nes whi ch are the subj ect of consi derati on at thi s ti me.
Thi s resol uti on aff i rms the process for out -of -state compani es seeki ng match f undi ng f rom the Ci ty, as i t
requires the application process to follow the existing norms establ i shed by the State of Florida and
Palm Beach County via the Business Development Board (BDB). The local incentive programs that
follow i n the resolution are those which require creation of a specific outline of qualifications and
process. The qualifications and process are outlined in accompanying documents as program
gui del i nes. These wi I I be promoted on the Ci ty web si te, the Del ray Beach B usi ness Devel opment web
si to and the Greater Del ray Beach Chamber of Commerce web si te. L i nks wi I I al so be i mbedded i n the
web si tes to the Del ray Beach CRA, the Del ray Beach D DA and the B D B.
http: / /itwebapp /Agendal ntranet/BI uesheet.aspx ?I temI D =6298& M eeti ngI D =397 8/15/2014
Coversheet Page 2 of 4
Each of the new programs being proposed has a basis in programs that have been successf ul I y
i mpl emented i n other regi onal markets and the structural gui del i nes mi rror the program gui del i nes that
are used by Palm Beach County and Enterprise Florida. The three new incentive programs to be
establ i shed are:
1. Rent Assistance Incentive
2. Job Creation Incentive
3. Unique Opportunity Alternative Incentive
The Rent Assistance Incentive operates on a three year reimbursement basis, based on the number of
j obs the appl i cant wi I I ul ti matel y create i n Del ray Beach.
Cri ti cal el ements f or quad i f i cati on are:
a Crete a mi ni mum of fifty (50) high - paying new j obs withi n the f i rst two years of the
agreement..
b. A minimum five -year lease agreement for space wi thi n the City of Delray Beach.
c. I n busi ness f or at I east three years wi th progressi ve f i nanci al i mprovement.
d. Is in a targeted business class, or I ocati ng in a targeted area wi thi n the City.
e. B ri ng a si gni f i cant potenti al for economi c growth to the communi ty.
f. Have a complete and detai led business plan.
nc entives provided by this program afford matchi ng grants of up to $50,000 (up to 50% of the
f i rst year annual rent or I ease payments), as f of I ows:
a. U p to $50, 000 (up to 50% of the annual rent or I ease amount) for the i ni ti al year;
b. Up to $25, 000 (up to 25% of the annual rent or I ease amount) for the second year;
c. U p to $10, 000 (up to 10% of the annual rent or I ease amount) for the thi rd year;
d. With the busi ness payi ng the f ul I amount for the fourth and f i fth years.
Exi sti ng I oval busi nesses expandi ng i nto I anger space may ad so quad i fy for the program based on
the economi c i mpact of thei r expansi on.
The Job Creati on I ncenti ve has a much I ower threshol d f or quad if i cati on, but may be more i mpactf ul for
smal I er growi ng compani es i n the regi on. I t affords the Ci ty the opportuni ty to provi de one ti me grants
to companies with significant capital improvement projects creating long-term tax base growth while
red ocati ng a significant number of employees to the City, or creati ng new employment opportuni ties due
to expansi on. Speci f i cal I y, they must create and /or red ocate 20 or more new, f ul I ti me, non- retai I j obs
paying an average annual sad ary at or above the current average annual sad ary for al I privately owned
busi nesses i n Pal m Beach County.
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Cri ti cal el ements f or quad i f i cati on are:
a. i nvol ve a targeted industry;
b. I ocate/expand i n areas targeted for economi c devel opment or redevel opment;
c. add to the diversity of the local economy;
d. substantial I y contribute to increasing the ad- valorem tax base;
e. i nvol ve a ml or i nvestment, such as constructi on or renovati on of a f aci I i ty.
Incentives provided by this program are one time grants based upon the following suggested
sched u I e:
Number Of New
Jobs
Amount of Award per Job
Minimum Required Job
Maintenance Period
20 -49
$250-500
36 Months
50 -99
$500-750
48 Months
100+
$750-17000
60 Months
The awards per job identified above are only guidelines and may be modified by the City
Commi ssi on based on other f actors i ncl udi ng but not I i mi ted to: rel ocati on /expansi on site
is i n a targeted devel opment area and /or enterpri se zone; i nvol ves
constructi on /renovati on of a f aci I i ty; hi gher average annual sal ary of new j obs; I i mi ted
available funds in Economic Development Incentive Fund; and competition among
appl i cants for the remai ni ng f unds.
The U ni que Opportuni ty A I ternati ve I nc enti ve i s what coul d be cal I ed a catch -al I that al I ows the Ci ty
Commission to consider possibilities for an economic development incentive that f al I outside the
parameters of the previous programs. There are no guidelines to govern this program, other than a
detai I ed appl i cati on outl i ni ng the request of the sped f i c busi ness. At present, one coul d say we ad ready
have thi s opti on avai I abl e; but we j ust don't adverti se i t. Thi s program says to an i nqui ri ng busi ness that
we have speci f i cal I y outlined certain programs that are available to them based on definite
cri teri a. I f they bel i eve they offer somethi ng very speci al to the Ci ty of Del ray Beach i n terms of j ob
creati on or capi tal i nvestment, thi s program encourages them to suggest what i t mi ght take for us enti ce
them here.
Each of the three programs wi I I have a j ob creati on component attached. Fai I ure to mai ntai n the
jobs created and incentivized by these programs for the full term of the specific program, will
requi re repayment of i ncentive doll lars to the C ity of Del ray Beach.
Following approval of the proposed Resolution No. 62 -12, staff will immediately begin to develop
specific contract documents with the City Attorney and internal operating protocols with the Finance
D i rector for managing these additional tools. Concurrently, the Economic Development D i rector will
announce to the I oval busi ness communi ty and our economi c devel opment partners around the state that
the City of Del ray Beach has taken another dramati c step forward to grow our I oval economy.
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Recommend approval of Resolution No. 62 -12, which establishes the Delray Beach Rent Assistance
Incentive Program, the Delray Beach Job Creation Program and the Delray Beach Unique Opportunity
I nc enti ve Program to be f unded through the Del ray Beach Economi c Devel opment Fund as outl i ned.
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