HomeMy WebLinkAboutOrdinance 2011-14 Establishing CWS Jobs Growth Incentive Grant ProgramORDINANCE 2011-14
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, ESTABLISHING THE CITY OF WINTER SPRINGS
JOBS GROWTH INCENTIVE GRANT PROGRAM, PROVIDING
LEGISLATIVE FINDINGS, PROVIDING DEFINITIONS;
PROVIDING A BUDGET; ELIGIBLE TARGET INDUSTRIES;
MINIMUM PARTICIPATION CRITERIA; MINIMUM JOB
CREATION CRITERIA; MINIMUM SALARY CRITERIA;
ADDITIONAL MINIMUM ELIGIBILITY CRITERIA; LONG-
TERM LEASE VALUE AS CAPITAL INVESTMENT;
APPLICATION; CONFIDENTIALITY; EVALUATION AND
REVIEW OF JOBS GROWTH INCENTIVE I'UND
APPLICATIONS; APPROVAL PROCESS; DISBURSEMENT AND
USE OF CITY OF WINTER SPRINGS JGI I'UNDS; COMPANY
RECORDS, REPORTS AND COMPLIANCE; PROVIDING I+OR
CODII'ICATION; AND PROVIDING FOR CONl+'LICT,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has shown a strategic priority to pursue
economic development and the optimization and di�rersification of the tax base; and
WHEREAS, the City Commission desires to recruit and induce targeted industries
to relocate their facilities to Winter Springs or expand existing facilities and to create job
opportunities for Winter Springs residents; and
WHEREAS, the City Commission desires to create grant programs for taxgeted
development meeting criteria established by the City; and
WHEREAS, the establishment of a Jobs Growth Incentive Grant program is
consistent with the City's priority to pursue economic development and diversification of the
tax base;
WHEREAS, the City Commission further finds that this Ordinance supports the
goals, policies and objectives of the City's Comprehensive Plan by attempting to optimally
increase and diversify the City's tax base by seeking to attract targeted industries and
businesses to the City especially within areas targeted for business economic development
such as the Town Center and the Greenway Interchange District; and
WHEREAS, the City Commission finds that this Ordinance is in the best interests
of the public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT ORDAINED BY the Ciry Coininission of the
City of Winter Springs as follows
SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The provisions
set forth in the recitals to this Ordinance (whereas clauses) are hereby adopted by the City
Commission of the Ciry of Winter Springs as legislative findings and intent pertaining to this
City of Winter Springs
Ordinance No. 2011-14
Page 1 of 7
Ordinance which are hereby deemed supplemental to those findings which will be
incorporated into the City Code as set forth below.
SECTION 2. NEW ARTICLE VIII IN CHAPTER 2 OF THE CITY
CODE. Chapter 2, Administration, of the City Code is hereby amended to create a new
Article VIII as follows (underlined type indicates additions to the City Code):
Article VIII. Tobs Growth Incentive Grant Program
Sec. 2-300. Le�islative Findin s The Cit� Commission hereb� finds that it
serves a le�itimate �overnment �ur�ose for the City to establish a�obs Growth Incentive
Grant pro�ram. Further the Citv Coininission finds that there is a�ublic need to enhance
and stimulate econorruc activi in s�ecific targeted areas of the Cit� of Winter S�rings
includui� but not limited to the Greenewa� Interchange District the Town Center District
the Villa�e Walk District or other targeted areas The economic well being of the residents
of Winter Sprin�s and Seminole Count� will be enhanced bv the �rovision of a�obs Growth
Incent�ve Grant pro�ram. The Cit� Commission also finds that attracting, retaining and
providin� favorable conditions for the growth of target industries and businesses within
tar�eted areas of the Cit� �rovides em�lo�ment o��ortunities for residents of the Cit� and
will obtunize and diversify the economic tax base of the Cit� In addition, to stimulate and
enhance economic activi � in targeted areas of the Cit� and to im�rove the �ros�erit� of its
residents, it is necessarv and in the �ublic interest for the Ci to establish a fundin source
that may be utihzed to fund the �obs Growth Incentive Grant �rogram and �rovide
incentrves to approbriate target industries and businesses in targeted areas of the Cit�
Sec. 2-305. Pro�ram Rec�uirements The following rec�uirements shall a��l� to
the Tobs Growth Incentive Grant �rogram for �ur�oses of assisting eligible target industries
and other eh ible apbhcants offset the costs associated with relocatin� or ex�anding their
fac�ttes withm the Cit� of Winter Springs•
(a) Bud�et: An Economic Develo�ment Trust Fund is hereb� established subject to
a robriat�ons a��roved at the discretion of the Citv Commission Fift��50) �ercent of
the bud�eted a��ro�riations in the Economic Develo�ment Trust Fund shall be
dedicated for the �obs Growth Incentive Grant �rogram
1b) Eli�ible Target Industries• The following target industries are eligible to
part�ci�ate in the �obs Growth Incentive Grant program�
' Research Develo�ment and Testin
• S�ace Technolo�y Aviation and Aeros�ace
• Simulation, Modeling and Training
• Laser Technolo v
• Photonics
• Com�uter Software and Hardware
• Medical Labs and Technolo v
' Communications
• Cor�orate Headc�uarters / Professional Services
City of Winter Springs
Ordinance No. 2011-14
Page 2 of 7
Non-tar�et industries mav be eligible for consideration if the �ro�osed ex�ansion or
relocat�on is �ro�osed to occur within targeted areas
(cl Minimum Particit�ation Criteria• Targeted industries must satisf� specific critexia,
includine rrununum iob creation amounts salarv levels and a job retention �eriod in
order� bl� for consideration of the �ob Growth Incentive as follows
(1) Minimum Tob Creation Criteria• A��licants must meet the following
rrununum �ob creation criteria•
ji) New or Start-u� Com�anies - 3 New �obs
(ii) Relocating Com�anies - 25 �obs
(iul Ex�anding Com�anies - 10% increase over �resent em�lo�ment
(21 Minimum Salarv Criteria• A��licants must meet the following minimum
salarv criteria:
(i) Relocating Companies: 115% of Sexninole County Average Annual Wage
(SC Avg. Wage= $37,925) (115% of Avg. Wage=$43,614 as of 5/9/11)
(u) New or Expanding Companies: 80% of Seminole County Average Wage
(SC Avg. Wage= $37,925) (80% of Avg. Wage=$30,340 as of 5/9/2011)
(iii) Relocating or Expanding Companies proposing to locate in a`targeted
area:' 80% of Seminole County Average Wage (SC Avg. Wage= $37,925)
(80% of Avg. Wage=$30,340 as of 5/9/2011)
* Source: Enter�rise Florida, Inc The wage information set forth in this
subsectton shall be u�dated annuall� by the City Manager without rec�uirin� the
ado�tton of an ordinance
(31 Additional minimum eligibilitv criteria• The Citv will also evaluate
apphcations for consideration based on these additional factors•
(i) The purchase and use of local materials goods and services to be utilized in
the construction or ex�ansion of facilities•
(ii) The apnlicant's (Ein�lo�er's willingness to hire and em�lov local Winter
S�rings' residents•
(iu1 The abplicant's (Em�lo�er's) offering or �roviding healthcare, davcare and
other benefits to em�lo�ees• �
(iv1 The abplicant's (Em�lo�er's locating of the facilit� or ex�ansion of existin�
facilttv withm a targeted area (as identified b� Federal State Countv or Local
Governments and by Resolution, • and �
City of Wintex Springs
Ordinance No. 2011-14
Page 3 of 7
(v) The strategic un�ortance of the pro�osed facilitv or ex�ansion of an existing
fac�tv relative to the Federal State, Regional Count� or Munici�al economic
develo�ment efforts and objectives
(dl Lon�-Term Lease Value as Capital Investment• The City will consider lon�
term lease pavments for occu�anc� of a facilit� as a measure of ca�ital investment
Lon�-term lease na�ments re�resent the a��licant's (Em�lo�r'sl commitment to remain
at the site and facilit� which would not have been created had the com�an� not come to
the area.
�e) Atil�lication• A��licants for consideration for �artici�ation in the Winter S�rin�s
iobs Growth Incentive �rogram will com�lete an ap�lication form rec� uirin� the followin�
develo�ment �rogram information for submittal to the Cit�
j1) Business Name and Federal ID Number (FEIN�;
(2� Business descri�tion and NAICS classification•
(3) Primarv Contact Information / Address•
(4) Pronosed Ph�sical Develo�ment Program / Ex�ansion / Relocation
(5) Estimated Ca�ital Investment Value of Pro�osed Ex�ansion or Relocation
(includes building value long term lease and equi�ment,�;
(61 Timing, ty�e and distribution of new jobs to be created including �osition
classification. annual wage and other benefits•
(7) Tvbe and distribution of existing �obs to be retained, classification, annual
wa�e and otheY benefits•
(8) Statement that "but for" the consideration of �otential availabili
incentives to offset develo�ment costs of the �ro�osed ex�ansion or relocation
to the Winter S�rin�s site or facilit� would not be viable or under consideration�
(9 Requested �GI Grant Amount•
(10) Antici�ate S�in-Off im�acts (Em�lo�ee housing �urchases �urchases
associated with operations etc )•
(111 Antici�ated use of local su��liers or contractors
(fl Confidentiality A��lications and discussions between the City and a�plicants ma�
be mamtained confidential in accordance with the �rovisions of Section 288 075, Florida
Statutes.
��) Evaluation and Review of Tobs Growth Incentive Fund Applications•
(1) Com�leted A��lications for consideration shall be submitted to the Cit�
Mana�er, or the Manager's designee, for review of the a��lications com�leteness and
sufficiencv. Further a Citv staff level review will be com�leted b� the Cit� Manager and the
Cit� Attorne�
City of Winter Springs
Ordinance No. 2011-14
Page 4 of 7
(21 U�on a�reliminary determination b� the Cit� Mana�er that the a��lication
satisfies the requirements of this Article the a��lication will be forwarded to the Citv
Comirussion for prelitninary consideration The Ci Manager will forward the a��lication
alon� with a recommendation as to whether or not the a�plication should be a��roved or
derued, the amount of the award. and if a��roved whether any conditions are to be �laced
u�on the award.
(h) A��roval Process•
(1) The City' Manager or the Manager's desig shall �re� an a item
for consideration bv the City Commission at a scheduled City Coininission meeting Said
agenda item shall include•
(i) A com�lete and satisfactor,y a��lication•
(u) The findings and recommendations of the Cit� Manager and Cit�
Attornev relative to the a��licant's com�liance with this Article•
Im) A Tobs Growth Incentive Performance Agreement that details the
pro�osed �erformance criteria of the a��licant and Cit�
(iv) The Cit� Manager's Summar� Re�ort and recommendations relative
to whether or not the a��licant should receive an award under this Article• and
(v) The antici�ated ad-valorem �nd other Cit� taxes to be generated bT
the Proiect and the antici�ated time �eriod for said ad-valorem and other City taxes
to eaual and exceed the award amount (Return on Investment �eriodL
(2) Abnroval of anv aw�Yd under this Article shall be at the sole and absolute
discretion of the Cit� Commission The Cit� Cominission's decision as to whether or not to
appropriate �rant funds to an��articular �roject shall herebv be deemed a bud�et
a��ro�riatron and shall not be a��ealable
(31 All awards shall be subject to the award reci�ient executing a jobs growth
incentive performance agreement with the Cit� and filing with the Citv Mana�er a securit�
mstrument required b� the Cit� such as a letter of credit No award will be disbursed b,Y the
Citv until said a�reement and securitv instrument are �ro�erl� executed and �rovided to the
C�
1i) Disbursement and Use of Citv of Winter Springs JGI Funds•
(1� Anplicants that are a��roved for a rant b� the City Commission shall be
reauired to enter into a jobs growth incentive �erformance agreement, including a valid and
sat�sfactorv securitv instrument such as a letter of credit The agreement will detail the
specific �ob creation criteria ca�ital investment criteria wage and salar� criteria, tirnin�
report�n� reauirements and other terms and conditions to satisf�, agreed u�on conditions,
and�erformance objectives The agreement shall contain a mandator,��rovision for
repavment of the �rant award to the Cin� if the reci�ient of the award fails to �erform an�
condit�on of the Performance Agreement If a failure occurs, the City mav `claw back' the
award bv mal�n� a claim against the securit� instrument or b� taking anv other lawful action
against the recipient to recover the grant award
City of Winter Springs
Ordinance No. 2011-14
Page 5 of 7
(2) Award funds granted b� the City ma� be used for•
i. Reducing the cost of un�act fees associated with the�ro,ject•
ii. Ex�ansion and construction costs•
iu. Costs associated with cor�orate relocation• and
iv. Anv other legitimate business ex�ense a�proved b� the Cit�
Commission in the job �rowth incentive �erformance agreement that
serves a munici�al �ur�ose and is consistent with the intent and
�ur�ose of this Article.
(j.� Companv records, reports and compliance•
(1) Each reci�ient of a grant award shall in addition to other rec�uirements in the
performance agreement rec�uired bv this Article document the use of grant award
received and certifv that the funds have been ex�ended in accordance with said
a�reement. Further the reci�ient shall create and maintain recoYds of new �obs created
and supplv all records Yelatin� to the �rant to the Ci as rec�uested The reci�ient shall
also be required to �rovide an annual re�ort in a format acce�table to the Cit� These
annual retiorts will be due each �ear on the anniversarv of the execution of the grant
�erformance agreement.
(2) In the event a reci�ient of a�rant award fails to com�ly with the terms and
condittons of the �rant performance agreement, the Ci ma� terminate the grant
a�reement and im�ose sanctions includin� but not limited to �ursuit of a refund of all
�rant monies, reimbursement of all costs incurred in the �rocessing and administration
of the proiect and debarment from �artici�ation in an� Citv assistance �rograms in the
future, mcluding future grant consideration
(k) Adoption of Rules by Citv Manager The City Manager shall have the �ower and
authoritv to promulgate administrative rules and formulate Citv administrative �olic in
order to unplement the �rovisions of this Article In addition the Ci Manager shall have
the tiower to create forms to be used by the Cit� in im�lementin this Article includin but
not luYUted to. applications agreements security instruments certifications and annual
reports. Further. the City Manager and Cit� Attorne� shall have the authori , to negotiate
and draft all legal instruments rec�uired under this Article includin but not limited to , an�
Lerformance agreement or securit� instrument Such instruments shall be submitted to the
Citv Comrrussion for final a��roval if rec�uired by this Article
SECTION 3. CODIFICATION. This Ordinance shall be incorporated into the
Winter Springs Cit�T Code and any section or paragraph, number or letter, and any heading
may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely
made.
City of Winter Springs
Ordinance No. 2011-14
Page 6 of 7
SECTION 4. CONFLICTS. All prior inconsistent ordinances and resolutions
adopted by the City Commission, or parts of prior ordinances and resolutions in conflict
herewith, are hereby repealed to the extent of the conflict.
SECTION 5. SEVERABILI'TY. If any section, subsection, sentence, clause,
phrase ox portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not effect the validity of the remaining portion
hereof.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective
iiiunediately upon adoption by the City Commission of the City of Winter Springs, Florida,
and pursuant to the City Charter.
ADOPTED by the City Commission of the Ciry of Winter Springs, Florida, in a
regular meeting assembled on the 10th day of October, 2011.
A
� ��� � �-%
.�`' �
RENZO-LUACES, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR CITY OF WINTER SPRINGS ONLY:
NTHONY A. GARGANESE, City Attorney
First Reading: September 26, 2011
Second Reading: October 11, 2011
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2011-14
Page 7 of 7