Loading...
Green Industrial Supply, Inc. - IEDA Contract Second Amendment Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: Green Industrial Supply, Inc. - IEDA Contract Second Amendment SUMMARY: City Manager recommending approval of a resolution authorizing a second amendment to a contract with the Iowa Economic Development Authority (I EDA)for Iowa Values Funds Financial Assistance benefits on behalf of Green Industrial Supply, Inc. RESOLUTION Approving a Second Amendment to the Economic Development Financial Assistance Contract by and among Green Industrial Supply, Inc., the City of Dubuque, and the Iowa Department of Economic Development SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Green Industrial IEDA Contract 2nd Amendment-MVM City Manager Memo Memo Staff Memo Staff Memo 2nd Amendment Supporting Documentation Resolution of Approval Resolutions THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Second Amendment to State of Iowa Direct Financial Assistance Contract for Green Industrial Supply, Inc. DATE: September 10, 2016 Economic Development Director Maurice Jones recommends City Council approval of a resolution authorizing a second amendment to a contract with the Iowa Economic Development Authority for Iowa Values Funds Financial Assistance benefits on behalf of Green Industrial Supply, Inc. At the request of Green Industrial Supply, Inc., the State has agreed to extend the time period forjob creation, which consequently also extends the maintenance period of those jobs. The project completion date will be extended to August 31, 2016, and the maintenance Period Completion Date will be extended to August 31, 2018. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Dubuque Economic Development Department THE CITY OF 50 West 13th Street AII-AwftlitY Dubuque,Iowa 52001-4864 DUB3 &kE1 I Office(563)589-4393 TTY(563)690-6678 ® http://www.cityofdubuque.org Masterpiece on the Mississippi 200.2012.2013 TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Second Amendment to State of Iowa Direct Financial Assistance Contract for Green Industrial Supply, Inc. DATE: September 7, 2016 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing a second amendment to a contract with the Iowa Economic Development Authority (IEDA) for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Green Industrial Supply, Inc. The original contract is attached. BACKGROUND Green Industrial Supply, Inc. constructed a 140,000 square foot office/distribution and light manufacturing facility in the Dubuque Industrial Center West. The site is on Innovation Drive across the street from IWI Motor Parts. In August 2011, the City Council authorized submittal of an application to IEDA for financial assistance from the Iowa Values Fund for the High Quality Jobs Program (130% of median county income). The state approved an award of funds on August 18, 2011. The attached is a second amendment to this contract. DISCUSSION At the request of the Company, the State has agreed to extend the time period for job creation, which consequently also extends the maintenance period of those jobs. The project completion date was extended from August 31, 2014 to August 31, 2015 in the 1St Amendment and has been extended to August 31, 2016 in the 2nd Amendment. The maintenance Period Completion Date was extended from August 31, 2016 to August 31, 2017 in the 1St Amendment and has been extended to August 31, 2018 in the 2nd Amendment. All other terms, provision, and conditions of the contract remain unchanged. RECOMMENDATION/ ACTION STEP I recommend the City Council adopt the attached resolution, approving the second amendment to financial assistance contract 12-IVF/TC-011 between IEDA and Green Industrial Supply, Inc. RESOLUTION NO. 323-16 APPROVING A SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT BY AND AMONG GREEN INDUSTRIAL SUPPLY, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, in 2011, Green Industrial Supply, Inc. (Green Industrial), the City of Dubuque (City) and Iowa Economic Development Authority (IEDA) entered into an Economic Development Financial Assistance Contract (the Contract) for the expansion of Green Industrial's operations in Dubuque, Iowa; and WHEREAS, the Contract provided fora Project Completion Date of August'31, 2014; and WHEREAS, Green Industrial requested and IEDA approved an extension of the Project Completion Date to August 31, 2015 in the Contract Amendment dated January 16, 2015; and WHEREAS, Green Industrial has requested a further extension of the Project Completion Date from August 31, 2015 to August 31, 2016; and WHEREAS, IEDA has approved the extension of the Project Completion Date to August 31, 2016; and WHEREAS, the parties now desire to amend the Contract as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 19th day of September, 2016. Attest: r � Kevi J. Lynch, Mayor Pro -Tem Kevin Firnstahl,'Cit ,.Clerk F:\Users\Laserfiche Legal\Green Industrial Supply\Resolution_Approving2nd Amendment_090716.docx CONTRACT AMENDMENT RECIPIENT: Green Industrial Supply, Inc. CONTRACT NUMBER: 12-IVF/TC-011 AMENDMENT NUMBER: Two EFFECTIVE DATE: May 20, 2016 THIS CONTRACT AMENDMENT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY f/k/a IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, (hereafter "IEDA"), 200 East Grand Avenue, Des Moines, Iowa 50309, an agency of the State of Iowa, Green Industrial Supply, Inc. ("Recipient"), 10467 Hwy. 52 N, Dubuque, IA 52001, and the City of Dubuque ("Community"), City Hall, 50 West 13th St., Dubuque, IA 52001. WHEREAS, the Recipient requested an extension of the Project Completion Date, and WHEREAS, the IEDA BOARD approved the Recipients' request, effective as of the Effective Date stated above, and NOW, THEREFORE, the Contract referenced above is amended as follows: REVISION OF EXHIBIT D, "JOB OBLIGATIONS." Exhibit D is amended as follows to revise the Project Completion and Project Maintenance Dates. Details of this change are reflected in the attached Revised Exhibit D which is hereby incorporated by this reference and made a part of this Contract Amendment. Except as otherwise revised above, the terms, provisions, and conditions of Contract Number 12-IVF/TC-011 remain unchanged and are in full force and effect: FOR RECIPIENT: FOR IEDA: SIGNATURE, Date Deborah V. Durham, Director PRINT NAME, TITLE Date FOR COMMUNITY: s A ,x/19/16 SIGNATURE, ate Kevin J. Lynch, Mayor Pro -Tem PRINT NAME, TITLE EXHIBIT D—JOB OBLIGATIONS REVISED May 2016 Recipient: Green Industrial Supply, Inc. Community: City of Dubuque Contract Number: 12-IVF/TC-011 This Project has been awarded benefits from the 130%Component and the High Quality Jobs(HQJP)tax credit program. The charts below outline the contractual job obligations related to this Project. Data in the "Employment Base" column has been verified by the Department and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the "Jobs To Be Created" column outlines the new full-time jobs(including their wage characteristics)that must be added to the employment base and, if applicable, statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date,the Business must achieve (at a minimum)the numbers found in the"Total Job Obligations"column. 130%JOB OBLIGATIONS Employment Jobs Project Completion Date: August 31, X52016 Base To Be Created Job Maintenance Period Completion Date: August 31, �Ql 7 2018 Obligations Total employment at project location 30 16 46 Average Wage of total employment at project location $16.57 Qualifying wage threshold requirement(per hr) $20.52 Sufficient Benefits Credit( per hr) $2.05 Number of jobs at or above qualifying wage w/benefits 8 11 19 Average wage of jobs at or above qualifying wage $27.98 w/benefits Notes re: Qualifyin2 Wages 1. If the Sufficient Benefits Credit was added to the base wage to meet program wage threshold eligibility requirements,then any reduction in Sufficient Benefits Credit during the life of the Contract must be compensated for with salary to ensure that the Qualifying Wage rates are met. 2. Bonus or commission payments are not included when calculating the Qualifying Wage rate. 3. If the Recipient uses or proposes to use a non-standard work week(8 hours a day, 5 days a week, 52 weeks a year including holidays, vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. ) By not checking the box and not providing the alternative schedule, IDED will consider "Full-time Equivalent(FTE)Job" to mean the employment of one person for 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave. ❑ The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description].