1
Introduced by the Council President at the request of the Mayor:
2
3
4
RESOLUTION 2015-833
5
A
RESOLUTION
6
APPROVING AND AUTHORIZING THE EXECUTION OF AN
7
ECONOMIC
DEVELOPMENT
AGREEMENT
8
CITY
JACKSONVILLE
(“CITY”)
9
SOLUTIONS
OF
MAKING
FLORIDA,
AFFILIATE
CERTAIN
INC.
FINDINGS,
(OR
OF
BETWEEN
AND
THE
RESOURCE
OTHER,
RESOURCE
AND
TO
BE
10
CREATED
11
LIMITED,
12
ESTABLISHMENT OF THE COMPANY’S OPERATIONS IN
13
JACKSONVILLE,
14
RECOMMENDING THAT THE COMPANY BE APPROVED BY
15
THE STATE OF FLORIDA'S DEPARTMENT OF ECONOMIC
16
OPPORTUNITY
17
(“QTI”)
BUSINESS,
18
288.106,
FLORIDA
19
COMMITMENT OF CITY SUPPORT IN AN AMOUNT NOT TO
20
EXCEED $45,000 AS THE LOCAL FINANCIAL SUPPORT
21
UNDER THE QUALIFIED TARGET INDUSTRY TAX REFUND
22
PROGRAM
23
GUIDELINES
DEPARTMENT
OF
24
ECONOMIC OPPORTUNITY, WITH A STATE MATCH
OF
25
$180,000,
26
AMOUNT OF $225,000 FOR 75 JOBS; APPROVING AND
27
AUTHORIZING
28
MAYOR
29
APPROVAL
30
EXECUTIVE DIRECTOR OF THE OED; PROVIDING FOR
31
CITY
“COMPANY”),
FLORIDA
AS
A
PAYABLE
AND
SET
STATUTES;
STATE
TOTAL
EXECUTION
CORPORATION
CITY
OF
BY
THE
SECTIONS
YEARS
AND
STATE
DOCUMENTS
BY
A
PER
QTI
THE
AUTHORIZING
AMENDMENTS
OED;
INDUSTRY
EVIDENCING
SECRETARY;
TECHNICAL
OVERSIGHT
TO
MULTIPLE
THE
THE
“PROJECT”);
TARGET
PURSUANT
OVER
A
SUPPORT
(THE
QUALIFIED
BY
FOR
OF
TO
SOLUTIONS
BY
TIMELINE
THE
FOR
1
EXECUTION
OF
AGREEMENT
2
AFFIRMING
THE
3
PUBLIC INVESTMENT POLICY ADOPTED BY RESOLUTION
4
2006-119-A AS AMENDED BY ORDINANCE 2012-213-E;
5
REQUESTING
6
COUNCIL
7
DATE.
PROJECT’S
TWO
RULE
READING
3.305;
BY
THE
COMPANY;
COMPLIANCE
PASSAGE
WITH
THE
PURSUANT
PROVIDING
AN
TO
EFFECTIVE
8
9
WHEREAS,
the
Company
by
13
Summary attached hereto as Exhibit 1; and
WHEREAS,
such
average
as
further
salary
is
with
permanent
12
all
Jacksonville
75
salary, exclusive of benefits, of approximately $49,340 per annum
2018,
in
create
11
31,
jobs
to
full-time
December
new
committed
10
14
equivalent
has
described
over
115%
an
average
in
the
Project
of
the
average
15
private-sector wage in the State effective as of January 1, 2015;
16
and
17
WHEREAS, the City of Jacksonville (“City”) wishes to support
18
tax refunds for the Company in the maximum amount available under
19
Section
20
industry businesses (the "QTI Refunds"); and
288.106,
Florida
Statutes,
relating
to
qualified
target
21
WHEREAS, the City is required to fund 20% of the amount of the
22
basic QTI Refunds (20% of $225,000, or $600 for each of 75 new
23
jobs, for a total City contribution of $45,000) granted to the
24
Company as the City's "local financial support", while the State of
25
Florida provides 80% of the basic QTI Refunds; and
26
WHEREAS, a combined City and State grant of up to $3,000 per
27
job in QTI Refunds is a pre-condition essential to the willingness
28
and ability of the Company to expand its business in Jacksonville;
29
and
30
31
WHEREAS, for the reasons more fully described in the Project
Summary,
the
grant
of
QTI
Refunds
2
in
such
amounts
serves
a
1
paramount public purpose; and
2
WHEREAS, the City’s Office of Economic Development (“OED”) has
3
reviewed the application submitted by the Company for community
4
development,
5
negotiated the Economic Development Agreement and, based upon the
6
contents of the Economic Development Agreement, has determined the
7
Economic Development Agreement and the uses contemplated therein to
8
be
9
actions
in
the
and,
public
and
together
with
interest,
financial
and
representatives
has
assistance
determined
contemplated
of
that
in
the
the
the
City,
public
Economic
10
Development Agreement take into account and give consideration to
11
the long-term public interests and public interest benefits to be
12
achieved by the City; and
13
WHEREAS, the Company has requested the City to enter into an
14
Economic Development Agreement in substantially the form placed On
15
File with the Legislative Services Division; now therefore,
16
BE IT RESOLVED by the Council of the City of Jacksonville:
17
Section 1.
18
Findings.
It
is
hereby
ascertained,
determined, found and declared as follows:
19
(a)
The recitals set forth herein are true and correct.
20
(b)
The location of the Company’s project in Jacksonville,
21
Florida, (“Project”) is more particularly described in the Economic
22
Development Agreement.
23
public and municipal purposes of the City.
24
(c)
Enhancement
The Project will promote and further the
of
the
City's
tax
base
and
revenues,
are
25
matters of State and City policy and State and City concern in order
26
that the State and its counties and municipalities, including the
27
City,
28
underemployment, economic recession, poverty, crime and disease, and
29
consume
30
because of the extra services required for police, fire, accident,
31
health care, elderly care, charity care, hospitalization, public
shall
an
not
continue
excessive
to
proportion
be
of
3
endangered
the
State
by
and
unemployment,
City
revenues
1
housing
2
protection, services and facilities.
3
and
(d)
housing
assistance,
and
other
forms
of
public
The provision of the City's assistance as identified in
4
the Economic Development Agreement is necessary and appropriate to
5
make the Project feasible; and the City's assistance is reasonable
6
and not excessive, taking into account the needs of the Company to
7
make
8
extent
9
Project,
10
11
the
Project
of
the
and
economically
public
taking
and
benefits
into
financially
expected
account
all
to
be
other
feasible,
derived
forms
of
and
the
from
the
assistance
available.
(e)
The Company is qualified to carry out and complete the
12
construction and equipping of the Project, in accordance with the
13
Economic Development Agreement.
14
(f)
Recommendation for QTI Refunds.
The Council, acting in
15
its capacity as a county, hereby recommends to the State of Florida
16
Department of Economic Opportunity that the Company be approved as a
17
"qualified target industry business" pursuant to Section 288.106,
18
Florida Statutes.
19
(g)
The authorizations provided by this Resolution are for
20
public uses and purposes for which the City may use its powers as a
21
county, municipality and as a political subdivision of the State of
22
Florida and may expend public funds, and the necessity in the public
23
interest for the provisions herein enacted is hereby declared as a
24
matter of legislative determination.
25
(h)
This Resolution is adopted pursuant to the provisions of
26
Chapters 163, 166 and 125, Florida Statutes, as amended, the City’s
27
Charter, and other applicable provisions of law.
28
Section 2. Economic Development Agreement Approved.
There
is
29
hereby approved, and the Mayor, or his designee, and Corporation
30
Secretary
31
Agreement
are
authorized
(“Agreement”)
to
enter
between
4
into
the
an
City
Economic
and
Development
the
Company,
1
substantially
2
Services
3
authorized), for the purpose of implementing the recommendations of
4
the OED, as are further described in the Project Summary attached
5
hereto as Exhibit 1.
6
in
the
Division
The
form
(with
Agreement
may
placed
such
On
File
with
“technical”
include
such
the
Legislative
changes
additions,
as
herein
deletions
and
7
changes as may be reasonable, necessary and incidental for carrying
8
out the purposes thereof, as may be acceptable to the Mayor, or his
9
designee,
with
10
execution
of
11
modification to the Agreement may increase the financial obligations
12
or the liability to the City and any such modification shall be
13
technical only and shall be subject to appropriate legal review and
14
approval of the General Counsel, or his or her designee, and all
15
other
16
defined
17
descriptions
18
improvements and/or any road project, ingress and egress, easements
19
and rights of way, performance schedules (but only to the extent
20
required to align the City’s Performance Schedule with any changes
21
to performance schedules set forth in the agreement between
22
Company
23
Opportunity), design standards, access and site plan, which have no
24
financial impact).
25
such
the
appropriate
as
inclusion
Agreement
action
including,
and
and
the
by
but
State
not
of
acceptance
the
required
surveys,
Section 3.
and
Mayor
by
law
limited
or
his
evidenced
designee.
(“technical”
to,
descriptions
Florida
being
is
changes
of
in
by
No
herein
legal
infrastructure
Department
of
the
Economic
QTI Local Financial Support Approved. By this
26
Resolution, the City is authorized and directed to provide "local
27
financial
28
Statutes, in the aggregate amount of up to $45,000 or 20% of the
29
amount of the basic QTI Refunds granted to the Company by the
30
State, whichever is less.
31
made available in the amount of up to $600 per new job for up to 75
support,"
as
defined
in
Section
288.106,
Florida
Such local financial support shall be
5
1
new jobs created by the Company in connection with the Project. The
2
funding for such local financial support will be made available by
3
future appropriation of the Council over the time period described
4
in the guidelines referenced in the heading of this Resolution if
5
such new jobs are created.
6
Section 4.
Designation
Monitor.
8
official of the City for the purpose of executing and delivering
9
any contracts, notes and documents and furnishing such information,
authorized
otherwise
12
connection
13
designate one or more other officials of the City to exercise any
14
of
15
furnished
16
action as may be necessary to enable the City to implement the
17
Agreement according to its terms.
18
administer
19
responsibilities thereunder, including the City's responsibilities
20
under the Agreement working with and supported by all relevant City
21
departments.
22
the
with
the
foregoing
such
and
Section 5.
the
authorized
Agreement,
and
authorizations
information
monitor
the
Further
and
as
the
11
as
Agreement
as
data
act
the
designated
10
to
for
is
Official/OED
Contract
documents
Mayor
Authorized
7
and
The
of
may
be
required
official
of
the
is
further
City
in
authorized
to
and
to
furnish or
take
or
cause
to
and
cause
be
to
taken
be
such
The OED is hereby required to
Agreement
and
to
Authorizations.
handle
The
the
Mayor,
City's
or
his
23
designee, and the Corporation Secretary, are hereby authorized to
24
execute the Agreement and all other contracts and documents and
25
otherwise take all necessary action in connection therewith and
26
herewith.
27
administrator, is authorized to negotiate and execute all necessary
28
changes and amendments to the Agreement and other contracts and
29
documents, to effectuate the purposes of this Resolution, without
30
further Council action, provided such changes and amendments are
31
limited to amendments that are technical in nature (as described in
The
Executive
Director
6
of
the
OED,
as
contract
1
Section 2 hereof, and further provided that all such amendments
2
shall be subject to appropriate legal review and approval by the
3
General Counsel, or his or her designee, and all other appropriate
4
official action required by law.
5
6
7
Section 6.
Oversight Department.
The OED shall oversee the
project described herein.
Section 7.
Execution of the Agreement.
If the Agreement
8
approved by this Resolution has not been signed by the Company
9
within
ninety
(90)
days
after
the
OED
delivers
or
mails
the
10
unexecuted Agreement to the Company for execution, then the City
11
Council approval of the Project and authorization for the Mayor to
12
execute the Agreement is automatically revoked, provided however,
13
that the Executive Director of the OED shall have the authority to
14
extend such ninety (90) day period in writing at his discretion for
15
up to an additional ninety (90) days.
16
Section 8.
Public
Investment
Policy.
This
Resolution
17
conforms to the guidelines provided in the Public Investment Policy
18
adopted
19
Ordinance 2012-213-E.
20
Section 9.
21
Council Rule 3.305.
22
requested pursuant to Council Rule 3.305.
23
by
City
Section 10.
Council
Resolution
Requesting
Two
2006-119-A,
Reading
as
Passage
amended
by
Pursuant
to
Two reading passage of this legislation is
Effective Date.
This Resolution shall become
24
effective upon signature by the Mayor or upon becoming effective
25
without the Mayor’s signature.
26
Form Approved:
27
28
/s/ John C. Sawyer, Jr.
29
Office of General Counsel
30
Legislation prepared by: John C. Sawyer, Jr.
31
G:\SHARED\LEGIS.CC\2015\Reso\11.19.15.Project Lance Resolution.doc
7