JOB CREATION INCENTIVE PROGRAM CITY OF DELRAY BEACH, FLORIDA PROGRAM GUIDELINES

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. 11-20-2012 1

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 11-20-2012 2

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.org e-mail: qcew@deo.myflorida.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: 11-20-2012 3

IV. GRANT LIMITS a) waive a standard criteria of the JCI Program (note: waiver is rarely considered or justified); and b) approve the grant agreement. 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 11-20-2012 4

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 new jobs. 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. 11-20-2012 5

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: 11-20-2012 6

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. 11-20-2012 7

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. 11-20-2012 8

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. 11-20-2012 9

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. 11-20-2012 10

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.) 11-20-2012 11

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@mydelraybeach.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: or 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 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 11-20-2012 12

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. (l) 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). 11-20-2012 14

(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. 11-20-2012 15

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 Agribusiness/Equine Business/Financial Services Communications/Information Technology Marine Medical/Pharmaceutical/Health Care Science/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) 11-20-2012 16