1620 Interlocal w/ Jobs Growth/Am Builders SEMINOLE COUNTY/CITY OF SANFORD
JOBS GROWTH INCENTIVE PROGRAM FUNDING AGREEMENT
AMERICAN BUILDERS SUPPLY,INC.
THIS INTERLOCAL AGREEMENT is made and entered into this 9 day of
c.6 • , 20 /3, by and between SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole County Services Building, 1101
East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and the CITY
OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue,
Sanford, Florida 32771, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, it is the policy of COUNTY and CITY to aggressively stimulate economic
growth in Seminole County and the City of Sanford by, among other things, either attracting new
business or encouraging the expansion of existing business within their respective jurisdictions;
and
WHEREAS, the creation of new employment opportunities for residents of Seminole
County and the City of Sanford and the increased tax revenues resulting from business expansion
are beneficial to the sustained health of the local economy; and
WHEREAS, CITY and COUNTY have determined that offering a Jobs Growth
Incentive Program encourages both existing business to expand and new business to locate
resulting in diverse positive employment opportunities for the residents of Seminole County and
the City of Sanford; and
WHEREAS, CITY and COUNTY have enacted Jobs Growth Incentive Ordinances and
have the fiscal capacity to conduct and accomplish the programs relating thereto; and
Seminole County/City of Sanford JGI Program Funding Agreement
American Builders Supply, Inc.
Page 1 of 6
WHEREAS, American Builders Supply, Inc., hereinafter referred to as "COMPANY,"
will locate its business in COUNTY and CITY and thereby create certain full-time employment
opportunities at a certain average salary level and to make certain capital investments all in
accordance with COUNTY's Economic Development Strategy, COMPANY's Jobs Growth
Incentive Grant Application, and COUNTY's Jobs Growth Incentive Ordinance; and
WHEREAS, COMPANY is proposing to relocate to the Orlando-Sanford International
Airport, Sanford, Florida 32771, at an approximate cost of TWO MILLION NINE HUNDRED
THIRTY-SEVEN THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS
($2,937,800.00),which sum represents a significant capital investment; and
WHEREAS, the new jobs created and capital investment made by COMPANY will
enhance the economic base of both the COUNTY and the CITY, and is consistent with the stated
goals and objectives of COUNTY's and CITY's Economic Development Strategies; and
WHEREAS, COMPANY is eligible to receive Job Growth Incentive Grants from
COUNTY and CITY; and
WHEREAS, COUNTY and CITY find and declare that it is in the public's best interest
and serves a public purpose to award a grant and/or other assistance to COMPANY pursuant to
the terms of this Agreement; and
WHEREAS, COUNTY and CITY desire to enter into this Agreement for the purpose of
facilitating the payment of CITY funds to COMPANY under a Jobs Growth Incentive Grant,
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties do hereby covenant and agree as follows:
Seminole County/City of Sanford JGI Program Funding Agreement
American Builders Supply,Inc.
Page 2 of 6
(1) Pursuant to its Jobs Growth Incentive Program Agreement with COMPANY,
COUNTY agrees to pay to COMPANY the total sum of TWO HUNDRED SIX THOUSAND
AND NO/100 DOLLARS ($206,000.00) for the relocation of COMPANY's operations to
Orlando-Sanford International Airport, Sanford, Florida 32771, upon COMPANY's fulfillment
of certain conditions as expressed in said Agreement, a copy of which is attached to this
Agreement as Exhibit A.
(2) CITY agrees to pay to COUNTY the sum of ONE HUNDRED THREE
( ) g p Y
THOUSAND AND NO/100 DOLLARS ($103,000.00) as its portion of the Jobs Growth
Incentive Grant to COMPANY. Said sum shall be paid to COUNTY no later than thirty (30)
days after COUNTY's verification to CITY that payment has been made to COMPANY
pursuant to the Jobs Growth Incentive Program Agreement between COMPANY and COUNTY.
(3) COUNTY agrees to provide CITY with copies of all annual reports and other
documents provided to COUNTY by COMPANY pursuant to COUNTY's Agreement with
COMPANY, and further, COUNTY agrees to notify CITY when COMPANY has satisfied all of
its obligations to CITY and COUNTY under COUNTY's Jobs Growth Incentive Program
Agreement with COMPANY.
(4) In the event of COMPANY's default in its Agreement with COUNTY, all
monetary recoverables shall become the sole property of COUNTY, and COUNTY shall refund
fifty percent(50%)of those recoverables to CITY.
(5) (a) Each party to this Agreement is responsible for all personal injury and
property damage attributable to the negligent acts or omissions arising out of this Agreement of
that party and the officers, employees,and agents thereof.
Seminole County/City of Sanford JGI Program Funding Agreement
American Builders Supply, Inc.
Page 3 of 6
(b) The parties further agree that nothing contained herein shall be construed
or interpreted as denying to any party any remedy or defense available to such parties under the
laws of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and CITY
beyond the waiver provided for in Section 768.28,Florida Statutes.
(c) The waiver of a provision herein by either party shall not constitute the
further waiver of said provision or the waiver of any other provision.
(6) Neither party to this Agreement shall assign this Agreement, nor any interest
arising herein, without the written consent of the other.
(7) (a) It is understood and agreed that the entire agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof
(b) Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by the parties.
(8) In providing all services pursuant to this Agreement, the parties shall abide by all
statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such
services including those now in effect and hereafter adopted. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall
entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of
termination to CITY as provided hereinabove.
(9) (a) The parties agree that they will not engage in any action that would create
a conflict of interest in the performance of their obligations pursuant to this Agreement or which
Seminole County/City of Sanford JGI Program Funding Agreement
American Builders Supply,Inc.
Page 4 of 6
would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
(b) The parties hereby certify that no officer, agent, or employee of COUNTY
or CITY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over
5%) either directly or indirectly in the business to be conducted here, and that no such person
shall have any such interest at any time during the term of this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes,the parties hereby agree that
monies received by COUNTY pursuant to this Agreement will not be used for the purpose of
lobbying the Legislature or any other State or Federal agency.
[Balance of this page left intentionally blank; signatures on following page]
Seminole County/City of Sanford JGI Program Funding Agreement
American Builders Supply,Inc.
Page 5 of 6
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposed herein expressed on the day and
year first above written.
ATTEST: CITY OF SAN ORD
• By:
411G1/ '
ANET DOUGHTERT , City Cle JEFF T'I!i rlinyor
1 If
Approved as to form and �Ya�_��
legal sufficiency. Date:
I
I'1 AiII (haw
ILLIAM L. COBE
/ City Attorney ko /i),& Ai, 6Yl freA
BOARD OF CI 7. 7 '.. : I- ' -
ATTEST SE II - • I�
4„,
�—— By:
MAZ 4 MORSE ' . :ERT DALLARI, t.irman
Clerk to the Beard of
County Commissioners of
Seminole County,Florida. Date: 2' -/3
For the use and reliance As authorized for execution by the Board of County
of Seminole County only. Commissioners at its /914 a 7 ,20/3 ,
regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
Attachment:
Exhibit A—Jobs Growth Incentive Program Agreement
MCC/sjs
8/15/13
P:\Users\Legal Secretary CSB\Economic DevelopmentVGl Agreements&InterlocalsUmerlocal w-Sanford(American Builders Supply,Inc.).docx
Seminole County/City of Sanford JGI Program Funding Agreement
American Builders Supply, Inc.
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Resolution No. 2432
A Resolution of the City Commission of the City of Sanford, Florida
providing for approval for an Economic Development Incentive
Program/Jobs Growth Incentive Program Grant in accordance with
controlling Florida law to American Builders Supply, Inc. said Grant
being implemented in collaboration with the Government of
Seminole County; providing for legislative findings and intent;
providing for approval of authorizing the entering of an interlocal
agreement with Seminole County; providing for funding in the sum of
$103,000.00 and providing for a source for such funding; providing
for implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for severability and
providing for an effective date.
Be it adopted and resolved by the City Commission of the City Of Sanford,
Florida as follows:
Section 1. Legislative Findings And Intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Resolution as may be necessary or
required.
(b). Section 2-361 through Section 2-368 of the Code of Ordinances of the
City of Sanford provide for and establish the City's Economic Development Incentive
Program. City staff has concluded that a grant to American Builders Supply, Inc., in
collaboration with the Government of Seminole County, would implement the City's
economic development goals and objectives as set forth in the City Code. The City
Commission has adopted the evaluation of City staff as to the matter. The Board of
County Commissioners of Seminole County has enacted similar economic development
programs and desires to work with the City in a collaborative manner in order to
advance the economies of the City and the County.
CERTIFIED COPT
SRI. .. .
1V: 626j:113
City Clodt
we GI— l l`1 3
(c). Seminole County and the City of Sanford are collaborating to participate in
incentivizing American Builders Supply, Inc. to engage in economic activities in the
community which will benefit the citizens of the County and the City. The City
Commission adopts the analysis of economic benefit to the County and the City and the
conditions of approval relative to the proposed grant to American Builders Supply, Inc.
all of which the City Commission finds to be in the public interest and to advance the
public benefit by serving a public purpose.
Section 2. Approval Of Jobs Growth Incentive Program
Grant/Collaboration With Seminole County Relative To American Builders Supply,
Inc.
(a). The City Commission of the City of Sanford hereby adopts, ratifies and
agrees with the provisions of the proposed Program Agreement to be submitted to the
Board of County Commissioners of Seminole County relating to American Builders
Supply, Inc., a copy of which Program Agreement is attached hereto and the document
is incorporated herein by this reference thereto.
(b). The Interlocal Agreement, entitled "Seminole County Jobs Growth
Incentive Program Funding Agreement" is hereby approved and the Mayor is authorized
to execute the said Interlocal Agreement. A copy of the Interlocal Agreement is attached
hereto and the document is incorporated herein by this reference thereto.
(c). The City Manager is authorized to provide funding for this action in the
sum of $103,000.00 and to implement budgetary and other appropriate actions which
are necessary and consistent with the provisions of this Resolution. Funding is
prescribed and available in the account determined to exist by the City's Finance
Director for this project.
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Section 3. Implementing administrative actions.
(a). The City Manager, or designee(s), are hereby authorized and directed to
implement the provisions of this Resolution and the Interlocal Agreement approved in
Section 2 of this Resolution by means of such administrative actions as may be deemed
appropriate.
(b). The City Manager, or designee(s), are hereby authorized to expend such
City funds as may be necessary to accept and implement the provisions of this
Resolution and the referenced Interlocal Agreement.
Section 4. Savings.
The prior actions of the City of Sanford relating to the economic development
programs of the City and related activities are hereby ratified and affirmed.
Section 5. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or
unconstitutional.
3IPage
Section 7. Effective Date.
This Resolution shall become effective immediately upon adoption.
Passed and adopted this 26th day of August, 2013.
Attest: City Commission of the City of
Sanford, Florida
; godz„ (/41
Cynthia Porter, Deputy City Clerk Jeff Triplett, 'oaf
For use and reliance of the Sanford ,
City Commission only. Approved
as to form and legality.
William L. Colbert, City Attorney
41Page