Res 43-14 RESOLUTION NUMBER 43-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOMMENDING
PROJECT OBSIDIAN BE CONDITIONALLY APPROVED AS
A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT
TO S.288.106, FLORIDA STATUTES; PROVIDING
CONDITIONAL APPROVAL FOR LOCAL FINANCIAL
SUPPORT FOR THE QUALIFIED TARGET INDUSTRY TAX
REFUND WITH HIGH-IMPACT SECTOR BONUS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the business under consideration is a financial services company which is
entitled to maintain confidentiality pursuant to s.288.075 Florida Statutes and which for the
_purposes of this resolution shall be referred to as "PROJECT OBSIDIAN";and
WHEREAS, PROJECT OBSIDIAN is an existing financial services company in Delray
Beach that currently has seventy-five (75) full-time employees whose average wage exceeds the Palm
Beach county average wage;and
WHEREAS, PROJECT OBSIDIAN, a wholly owned subsidiary of its parent company,
has represented to the City that it has an aggressive growth plan, and that it is exp, +ing to double its
current employees over the next three years. It has also represented that its pare_ ` --�mpany and
most of its senior executives are based outside of the State of Florida, that a m jorit Ye business
done by the parent company is outside of Florida, and that PROJECT OBSIDIAN could choose to
expand its offices in New York,New Jersey or Texas; and
WHEREAS, the Economic Development Director of the City of Delray Beach has
identified PROJECT OBSIDIAN as a Target Industry business that falls within one of the high-
impact sectors designated under s.288.108, Florida Statutes, specifically financial services, and is
eligible to apply for the Qualified Target Industry Tax Refund with a High-Impact Sector Bonus,
pursuant to s.288.106,Florida Statutes;and
WHEREAS, PROJECT OBSIDIAN has requested financial support in the amount of
twenty percent (20%) of the total tax refund in order to be eligible for the Qualified Target Industry
Tax Refund Program pursuant s.288.106,Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the City of Delray Beach hereby recommends PROJECT OBSIDIAN be
conditionally approved as a Qualified Target IndusttT Business pursuant to s.288.106, Florida
Statutes, subject to State of Florida approvals, compliance with all City of Deltay Beach guidelines,
and the execution of an acceptable Tax Refund Grant Agreement.
Section 2. That the City of Delray Beach has determined the basis of this project's average
private sector wage commitment calculation shall be 150% of the Palm Beach County average
annual wage.
Section. 3. That the City of Delray Beach conditionally approves funding for PROJECT
OBSIDIAN for a Qualified Target Industry Tax Refund with a High-Impact Sector Bonus in an
amount not to exceed 190,000, subject to State of Florida approvals, compliance with all City of
Delray Beach guidelines, and the execution of an acceptable Tax Refund Grant Agreement.
Section 4. That the funds will be made available in accordance with the guidelines set forth
by the Florida Department of Economic Opportunity with the stipulation that these funds are
intended to represent local financial support pursuant to s.288.106,Florida Statutes.
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this 4"
day of September, 2014.
AYOR
A'IyIEST
City Clerk
2
Res No. 43-14
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•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Joan K. Goodrich, Economic Development Director
Francine Ramaglia,Assistant City Manager
THROUGH: Terry Stewart, Interim City Manager
DATE: August 15, 2014
SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014
RESOLUTION NO.43-14 QUALIFIED TARGET INDUSTRY TAX REFUND LOCAL MATCH-
"PROJECT OBSIDIAN"
BACKGROUND
On April 3, 2012, the City Commission approved Resolution No. 21-12, creating the Delray Beach
Economic Development Fund. The purpose of the fund was to support citywide economic opportunities
(i.e., financial incentives) to attract and/or retain jobs as well as to increase the City's tax base. This
Fund has been set up to serve as the funding mechanism to provide the required financial match to
leverage State and County financial incentives for the retention and recruitment of businesses to Delray
Beach. In addition, the City Commission took additional action on December 11, 2012 approving
Resolution No. 62-12 approving Delray Beach's Incentive Policy and Programs including the Job
Creation Incentive Program which allows for the City's participation for up to the 20% local match in
the State of Florida's QTI program.
The City was approached by the Business Development Board of Palm Beach County in early June
2014 about the interests of Project Obsidian to do an expansion in Delray Beach. And while it was the
intention of the Office of Economic Development at the time to support the project, I decided as the
new Economic Development Director to postpone moving it forward to the City Commission until I
could meet the company's representatives, understand their needs and plans for growth and assess the
project's benefits.
Project Obsidian is an existing financial services company in Delray Beach that currently has seventy-
five (75) full-time employees with average wages exceeding the county average wage. The company
does specialty factoring; purchasing of illiquid assets such as structured settlements and annuity
payments. The company purchases structured settlements and annuities for lump sums on a national
basis from their offices located in Delray Beach, Florida. The company's senior management team has
a combined 25+years of experience.
Project Obsidian was recently established as a new business unit of its parent company and began
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operations in Delray Beach office space along Congress Avenue in May 2014. The parent company has
an aggressive growth plan for the company and is expecting to double its current employees over the
next three years. Since the parent company and most of the senior executives are based outside of the
State of Florida, and a majority of the business done by the company is outside of Florida, Project
Obsidian could choose to do the expansion in any of the following competitor locations including:
New York(New York County),New Jersey (Bergen County), Texas (Harris County)
Project Obsidian has indicated that South Florida does provide access to a pool of qualified workforce,
which is the primary reason that the Delray Beach location is in the list of potential locations for the
expansion.
If Project Obsidian chooses to do the expansion in Delray Beach, it would:
§ Retain 75 jobs
§ Create 75 new jobs with an average wage of$70,629 (150% of the county average)
§ Make a capital investment of$1,500,000
§ Generate a positive economic impact of more than $40 million as projected by the Business
Development Board of Palm Beach County.
The company is seeking the following incentives from the State of Florida and the City of Delray
Beach:
Total Package Estimate: $450,000
Total State Portion - $360,000
Total Local-Delray Beach Match (20%)—$90,000
It is noted that Project Obsidian is being deemed a qualified target industry business and one that is also
within a designated high impact sector— Financial Services —because of the NAICS code affirmed on
their application. Additionally, they are being recommended for approval because they are:
§ Submitting an application before making a decision to expand
§ Creating at least 10 net new full-time jobs (per their application)
§ Paying an average annual wage of at least 115% of Palm Beach County avg. wage - $47,086.
Project Obsidian is actually estimating to pay 150% of the avg. county wage.
The QTI application process requires the City of Delray Beach to adopt a resolution recommending that
the project be approved as a qualified target industry business within a designated high impact sector
and specifying that the commitment of local financial support necessary for the target industry business
exists.
From the City of Delray Beach's point of view, this project is recommended for support because it is:
1) in a growing target industry (financial services); 2) is a headquarters operation located within a
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critical economic development corridor and; 3) is helping to drive down vacancy rates in our office
market which currently stands at a high of 26%.
FISCAL NOTES
The necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund
Program exists for Project Obsidian in the total amount of $90,000 and this amount will be made
available in accordance with the guidelines set forth the by the Department of Economic Opportunity
with the stipulation that these funds are intended to representative the "local financial support" required
by s.288.106, Florida Statutes.
Once approved, the five annual payouts by the City of Delray Beach (see below chart for details and
expected timing) to the State of Florida Economic Development Trust Fund will be only be released
once the State of Florida certifies and notifies the City that Project Obsidian has met the job creation
criteria as a part of the Qualified Target Industry Tax Refund Agreement Project Obsidian will execute
with the State of Florida Department of Economic Opportunity.
The Office of Economic Development has determined in conjunction with the Chief Financial Officer
that funds are available in the Delray Beach Economic Development Fund to support the project if the
City Commission chooses to do so.
OTHER NOTES
In Delray Beach's Job Creation Incentive (JCI) Program Guidelines (see attached), base awards per job
from $250 to $1,000 per job created have been set along with a minimum and maximum amount which
can be awarded per applicant ranging from $10,000 to $50,000 with "the potential for a larger award
upon recommendation by the City Manager and Economic Development Director. The City Manager
and the Economic Development Director are recommending a higher level of investment for Project
Obsidian - $1,200 per job created and$90,000 in total—due to the previous stated reasons.
FINANCIAL DEPARTMENT REVIEW
Finance recommends approval.
DISCUSSION
The item before the City Commission is approval of a Qualified Target Industry Tax Refund (QTI)
Local Match for "Project Obsidian" - a Delray Beach Financial Services Headquarters business entitled
to be made confidential pursuant to Florida Statutes, Section 288.075 - to encourage the creation of
seventy-five (75) new high-wage jobs and the retention of seventy-five (75) existing jobs with a 20%
QTI Local Match contribution in the amount of$90,000 paid out in five annual installments and only
after the jobs have been created and business taxes have been paid to the State of Florida.
RECOMMENDATION
Staff recommends approval of Resolution No. 43-14 to encourage the creation of seventy-five (75)new
high-wage jobs and the retention of seventy-five (75) existing jobs by Project Obsidian, an existing
financial services headquarters company located in the City of Delray Beach.
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JOB CREATION INCENTIVE PROGRAM
CITY OF DELRAY BEACH, FLORIDA
PROGRAM GUIDELINES
I. FUND AMOUNT:The total funds allocated to the Job Creation Incentive (JCI) 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 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.
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2. Job & Salary Commitments
Relocation or expansion projects will be required to:
a) create and/or relocate 20 or more new full time non-retail jobs in Delray Beach; and
b) pay an average annual salary at or above the current average annual salary for all
privately owned businesses in Palm Beach County.
3. JCI Grant Average Annual Salary Identification
The applicant will identify and commit to providing an average annual salary for the new
jobs which will be at or above the current average annual salary 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 increasing the amount of the award per job and thereby the total
grant amount.
The applicant will be required in the JCI 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 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
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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.floridamobs.org
e-mail: gcew @deo.mvflorida.com
U.S. Bureau of Labor Statistics: www.bls.gov/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
an agreed to number of months of the commencement date of the grant agreement.
b)The company and Delray Beach will negotiate a job creation/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 Delray Beach 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 JCI Grant 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 JCI grant agreement
to the City Commission which recommends that the Commission:
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a)waive a standard criteria of the JCI Program (note:waiver is rarely considered or
justified); and
b) approve the grant agreement.
IV. GRANT LIMITS
1. Base Award Per Job
The base award per application will be from $250 to $1,000 per job created.
The Economic Development Director and City Manager may recommend deviations from
this base award amount as circumstances warrant.
The Economic Development Director submits a recommendation to City Administration for a
final decision on the amount of the award per job.
The AWARD PER JOB GUIDELINES are identified in EXHIBIT"B".
2. Maximum Grant Award
The maximum award per application is$50,000,with the potential for a larger award upon
recommendation by the City Manager and Economic Development Director.The final
determination on the recommendation of the total award amount can only be made by the
City Commission.
3. Minimum Grant Award
The minimum award per application is$10,000.
V. ELIGIBLE FUND USES:
Grant funds will be disbursed as reimbursement for expenses related to the
relocation/expansion project.
The categories of ELIGIBLE REIMBURSABLES are identified below and in EXHIBIT"A:
a) Payment of impact fees and special assessents
b) Land improvement costs
c) Environmental compliance
d) Leasehold improvements
e) Construction and renovation costs
c) Employee hiring and training
g) Relocating company assets
h) Local match for state tax refund program
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Irrespective of the documented reimbursable expenses submitted, disbursements will be limited
to the verified per-job grant award times the number of jobs created as documented in the
independent accountant's performance report.
VI. 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.
VII. PROGRAM PROCESS
1. JCI Fund—City Commission establishes funding for JCI Grant Program through the annual
budget process.
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 JCI 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 newjobs.
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. JCI funds may be limited in any fiscal year.
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3. Application Submittal with Audited Financials
FINANCIAL AUDIT—The Business submits the JCI 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 JCI 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 JCI 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 JCI 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 JCI 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 the City of Delray Beach, and will
result in the following:
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i)Applicant is informed by staff that the application cannot be processed unless the
company provides the City of 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 JCI 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.
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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 JCI 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 JCI 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 JCI grant,
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 grant
agreement and JCI Grant Program.
i)The grant funds will be provided only for reimbursement of expenses set forth
in the list of Eligible Reimbursables, which will be identified in the JCI
agreement.
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ii) Reimbursable expenses must not occur and thus must not be dated prior to
the commencement date of the JCI 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 JCI 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 JCI 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.
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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 JCI 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 JCI grant without
initially seeking QTI Program benefits. Any grant funds provided for under a JCI
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 JCI grant provided, however it is not intended to be in addition to the JCI 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 City 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 JCI
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.
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11. Grant Maintenance Compliance
a) MAINTENANCE REPORT—The JCI 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 reimbursed based on the specified award per job) have been maintained
for an additional 24 months, and at the average annual salary identified in the
performance audit.
b)The 24 month 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 JCI 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 JCI 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 JCI
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 JCI
agreement, the City will seek a refund from the grantee of the funds provided to the
grantee based on the performance audit and the amount of the award per job.
(Calculation:total refund amount is number of jobs not maintained times actual
amount of award per job.)
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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 JCI 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 Job Creation Incentive Grant Program, including obtaining a complete application
packet, should be directed to:
Joan K. Goodrich, Economic Development Director
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
PHONE (561) 243-7009
e-mail: goodrich @mvdelraybeach.com
In addition, questions concerning the State of Florida Qualified Target Industry(QTI)Tax Refund
Program, and the possible use of Palm Beach 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
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In addition to satisfying the above identified requirements of the Job Creation Incentive Grant 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
11-20-2012-13
EXHIBIT "A"
ELIGIBLE REIMBURSABLES
USE OF FUNDS
JCI grant funds may be used to reimburse a company for the following expenses associated with the
expansion of an existing local business and/or relocation of a company to Delray Beach. Invoices
submitted for reimbursement must be accompanied by copies of canceled checks, with the front and
back sides of the canceled checks copied.
1. Payment of Impact Fees and Special Assessments
(a) Impact fees assessed by Palm Beach County include fees for roads, parks, fire-rescue, libraries, law
enforcement, and public buildings.
(b) Impact fees assessed by local governments and special assessments by special districts.
2. Land Improvement Costs
(a) Off-site land improvements.
(b) Road improvements.
(c) Construction of recreational facilities open to the public.
(d) Reimbursement for any government required dedications.
(e)Water and sewer connection fees.
(f)Telecommunication connection fees and costs.
(g) Infrastructure design and construction plan preparation.
(h) Drainage facilities in conjunction with new roadway construction or on-site improvements.
(i) Construction of new curbs, curb cuts, medians, shoulders and sidewalks.
(j) Relocating utilities to accommodate new roadway construction.
(k) Facade redevelopment in eligible community redevelopment agency or downtown development
authority designated areas subject to prior approval of all governing bodies.
(1) Landscaping and road beautification costs.
(m)All fees and dedications required by entities other than Delray Beach (subject to prior approval by
the City Manager and the City's Economic Development Director).
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(n) Palm Beach County &City of Delray Beach permitting, licensing, or other approval costs associated
with land improvements.
3. Environmental Compliance
(a) Costs associated with design and installation of equipment needed for compliance with existing
federal, state, and local environmental standards.
(b) Costs associated with asbestos removal.
4. Leasehold Improvements
(a) Costs of improvements to leased property required by expansion or relocation, including wiring and
other installation costs involving communication and computer systems.
5. Construction and Renovation Costs
(a) Costs of constructing or renovating the real property for which a company must possess title,with
such costs directly related to the expansion or relocation.
(b)Architect, design and technical fees associated with the expansion or relocation.
6. Employee Hiring and Training
(a) Costs associated with providing for employee hiring and training, such as advertising,job fairs, and
reasonable hotel and transportation costs for employee training. All out of town travel by trainers and
trainees (new employees) directly necessitated by the expansion or relocation must be fully
documented and will be reimbursed in accordance with the provisions of Florida Statute, Chapter 112,
Part I, 112.061;www.leg.state.fl.us (select: Statutes &Constitution).
7. Relocating Company Assets
(a) Costs associated with relocation of company assets required by expansion or relocation.
8. Local Match for State Tax Refund Program
(a) Up to 20%of State Tax refund subject to State Law and procedures established pursuant to this Job
Creation Incentive Grant Program.
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EXHIBIT "B"
AWARD PER JOB GUIDELINES
The awards per job identified below are only guidelines.The award per job is not based solely on the
number of jobs. Other factors influence establishing an appropriate amount for the award per job,
including but not limited to: applicant company is a targeted industry; relocation/expansion site is in a
development area and/or enterprise zone; involves construction/renovation of a facility; average annual
salary of new jobs; limited available funds in Economic Development Incentive Fund; and competition
among applicants for the remaining funds. Also shown below is the required job maintenance period
that immediately follows the job creation period.
NUMBER OF AMOUNT OF MINIMUM REQUIRED JOB
NEW JOBS AWARD PER JOB MAINTENANCE PERIOD
20 -49 $ 250 - 500 48 months
50-99 $ 500 - 750 48 months
100 + $ 750 - 1,000 60 months
OTHER FACTORS
Targeted Cluster Industry
Aerospace/Engineering Marine
Agribusiness/Equine Medical/Pharmaceutical/Health Care
Business/Financial Services Science/Technology
Communications/Information Technology Tourism/Recreation/Entertainment
Relocation/Expansion Site & Facility in Delray Beach
The site is within a targeted development area and/or Florida enterprise zone
Involves major investment, including construction or renovation of a facility
Average Salary of New Jobs
Applicant will meet or exceed Palm Beach County's average annual wage as defined by
Workforce Alliance (figure excludes benefits) or applicant will provide a high to very high
average annual salary(far in excess of Palm Beach County's average annual wage)
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