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HomeMy WebLinkAboutR-2018-124 City Consenting To Project Red's Request FL Dept Of Economic Opportunity (DEO) Initiate The One-Time Option To Extend Job Creation Table,Tax Refund, Job Maintenance Not To Exceed $34,000.00 RESOLUTION NO. 2018-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CONSENTING TO PROJECT RED'S REQUEST TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) TO INITIATE THE ONE- TIME OPTION TO EXTEND THE JOB CREATION TABLE, THE TAX REFUND SCHEDULE AND THE JOB MAINTENANCE PERIOD FOR A QUALIFIED TARGET INDUSTRY FOR AN INDUSTRY TAX REFUND PURSUANT TO SECTION 288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH NOT TO EXCEED THIRTY FOUR THOUSAND TWO HUNDRED DOLLARS ($34,200.00); AUTHORIZING THE CITY MANAGER TO PROVIDE A LETTER OF CONSENT TO DEO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Economic Opportunity (DEO), by Section 288.106, Florida Statutes, developed the Qualified Target Industry Tax Refund as a statewide tool for Florida communities to encourage quality job growth in targeted high value-added businesses; and WHEREAS, under the Qualified Target Industry Tax Refund Program, companies may receive refunds on the taxes it pays including corporate income, sales, ad valorem, intangible personal property, insurance premium, communications services, and certain other taxes; and WHEREAS, no more than 25 percent of the total refund approved may be taken in any single fiscal year and a qualified business may receive no more than $1.5 million in tax refunds in a single fiscal year; and WHEREAS, in 2015, Project Red, which is a local transportation logistics business known as Total Quality Logistics, LLC, received designation from the Florida DEO as a Qualified Target Industry business as defined by Section 288.106, Florida Statutes; and WHEREAS, as a stipulation of approval from the Florida DEO, Project Red agreed to provide 60 jobs at 20 jobs per phase (20 jobs by December 31, 2017, 20 more jobs by December 31, 2018, and 20 more jobs by December 31, 2019) at their local facility in the City of Dania Beach; in return, the State would provide 80 percent of the annual tax return and the City and Broward County would split the remaining 20 percent balance of the annual tax return over a three (3) year period; and WHEREAS, on February 11, 2015, the City Commission of the City of Dania Beach ("City Commission") adopted Resolution No. 2015-003, which acknowledged local financial support of 10 percent of the total tax refund as required by Section 288.106, Florida Statutes in the form of cash for a total of Thirty Six Thousand Dollars ($36,000.00) to be paid over the three (3) year tax refund period; and WHEREAS, on March 1, 2018, Project Red requested a one-time push option for the Florida DEO to extend the job creation schedule, the tax refund schedule, the job maintenance period, and the expiration date by twelve (12) months; and WHEREAS, on April 10, 2018, the Florida DEO notified the City of Project Red's request to initiate the one-time push option, which requires the City to provide a letter of support for Project Red and reduces the scheduled tax refund by 5 percent from Thirty Six Thousand Dollars ($36,000.00)to Thirty Four Thousand Two Hundred Dollars ($34,200.00); and WHEREAS, the City Commission desires to continue to support Project Red with the local financial support as required by Section 288.106, Florida Statutes in the form of cash; and WHEREAS, City staff recommends approval of the proposed Thirty Four Thousand Two Hundred Dollars ($34,200.00) to be paid to the Florida Department of Economic Opportunity in annual increments of Eleven Thousand Four Hundred Dollars ($11,400.00) as tax incentive payments for Project Red's relocation and operation in the City of Dania Beach as a Qualified Target Industry defined by Section 288.106, Florida Statutes; and WHEREAS,payments shall be made to DEO pending completion of an audit by DEO of Total Quality Logistics, LLC and submission of an invoice to the City of Dania Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA THAT: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission agrees that a cash commitment of local financial support by the City of Dania Beach for the Qualified Target Industry Tax Refund Program as defined by Section 288.106, Florida Statutes for Project Red exists in the amount of Thirty Four Thousand Two Hundred ($34,200.00) to be paid over a three (3) year period in accordance with the guidelines set forth by the Florida Department of Economic Opportunity. These funds are intended to represent the local financial support pursuant to Section 288.106, Florida Statutes. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall take effect immediately upon City Commission adoption. 2 RESOLUTION#2018-124 PASSED and ADOPTED on September 11, 2018. ATTEST: OQN,A � y THOMAS SCHNEIDER, CM AMARA JA S CITY CLERK MAYOR 9e��SH�1�P APPROVED AS TO FOW AND CORRECTNESS: THOMAS J. NS V v CITY ATTORNE. 3 RESOLUTION#2018-124