a. An Applicant shall submit to the Program Manager a completed incentive program application which shall include:
1. A description of the project, total project cost, sources of funding, and purpose of the incentive application;
2. A pro forma, including the number of new jobs to be created, the gross wages, salaries, bonuses, commissions and employee benefits expected to be paid and the amount of employee withholdings expected to be generated by the new jobs over the term of the agreement between the Applicant and the City of Bowling Green and the long term growth potential of the applicant;
3. General information about the company, its product or service and sales and employment growth projections;
4. Such financial and non-financial information about the project, the Applicant or its principals as is required by regulation or as otherwise deemed necessary by the Program Manager or Committee; and
5. Certification that the Applicant is an equal opportunity employer and agrees that it shall not discriminate in hiring and employment because of race, color, national origin, religion, sex, age, disability, political affiliation or belief, and that it shall comply with all applicable federal, state and local equal opportunity policies and laws to insure non-discrimination because of race, color, national origin, religion, sex, age, disability, political affiliation or belief, including but not limited to the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991 and all similar anti-discrimination laws and regulations adopted by the U.S. Government, the Commonwealth of Kentucky and the City of Bowling Green. Applicant also agrees to provide the City a summary of its work force during the term of this Agreement delineating the above classifications, if requested.
b. In-lieu-of the City’s incentive program application, an Applicant may submit a copy of the incentive application to the Commonwealth of Kentucky, so long as said application contains or is supplemented with the information required to be submitted hereinabove.
c. Each application and supporting information submitted therewith shall be executed under oath by an authorized representative of the Applicant or of the Applicant's principal with personal knowledge of the facts and representations made therein. It shall be unlawful for any person to materially misrepresent any statement or fact on the application or supporting documents submitted to the Program Manager, Committee or City, and upon conviction thereof, said person shall be fined not more than ten thousand ($10,000.00) dollars or imprisoned not more than twelve (12) months, or both. For purposes of this subsection, the City need not rely on the material misrepresentation.
d. The Program Manager shall review each application to verify the information submitted therewith and determine:
1. Whether the application meets the program eligibility requirements;
2. The accuracy of the factual representations in the application and Applicant's employment and financial projections;
3. Whether the credit is in the best interests of the City of Bowling Green, using sound financial criteria which would be most appropriate for determining the long-term viability of the Applicant; and,
4. Any and all other matters deemed appropriate by the Program Manager.
The Program Manager may request additional information from the Applicant at any time.
e. The Program Manager shall review the application and submit it with recommendations to the Committee for review. The Committee may request additional information from the Applicant at any time. Following its review, the Committee shall either reject the application or recommend its approval based on the terms and conditions it may reasonably impose, including the percentage or amount of the employee withholdings credit. If the Committee recommends approval of the application, the Mayor shall be authorized to send a letter of preliminary support for the Applicant to the Kentucky Economic Development Cabinet, if applicable.
If the terms and conditions of approval are accepted by the Applicant, the incentive program agreement shall be submitted to the Board of Commissioners for final approval. No employee withholdings credit shall be made without prior approval of the Board of Commissioners. Following final approval of the credit by the Board of Commissioners, the Mayor shall be authorized to execute on behalf of the City any and all documents necessary to effect closing of the employee withholdings credit.
(Ord. BG90-67, 1/8/91; Ord. BG93-2, 2/16/93; Ord. BG94-47, 12/6/94; Ord. BG2003-29, 6/3/2003; Ord. BG2006-32, 9/19/2006; Ord. BG2011-17, 4/19/2011; Ord. BG2016-49, 1/3/2017)