(A) Application and process.
(1) This section shall apply to any construction project financed in whole or in part with economic development incentives, including but not limited to property tax abatement, tax increment financing, tax credit, tax deduction, tax exemption, a grant, loan, loan guarantee, or other financial or economic development assistance; and
(2) The process for managing, tracking, and verifying documents submitted under this section shall be established by the county.
(B) Requirements.
(1) Upon approval of an application for an economic development incentive by the county, and prior to issuing any building permit for the project, the applicant shall submit a list of contractors and subcontractors, including independent contractors, who will perform work on the project, along with
documentation of the following verified under oath by each contractor and subcontractor:
(a) A copy of a print-out of the Indiana Secretary of State's on-line records for the business dated within 60 days of the submission of said document showing that the business is in existence, current with the Indiana Secretary of State's Business Entity Reports, and eligible for a certificate of good standing;
(b) A list identifying all former business names;
(c) Any determinations by a court of governmental agency for violations of federal, state, or local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (OSHA), or federal Davis-Bacon and related Acts;
(d) A statement on staffing capabilities, including labor sources;
(e) 1. Evidence of participation in apprenticeship training programs, approved by and registered with the United States Department of Labor Office of Apprenticeship or successor organization, applicable to the work to be performed on the project; and evidence that all apprenticeship programs have graduated at least five apprentices in each of the past five years for each of the construction crafts the contractor or subcontractor will perform on the project. Evidence of graduation rates are not required for apprenticeable crafts dedicated exclusively to the transportation of material and equipment to and from the public works project.
2. The required evidence includes but is not limited to a copy of all applicable apprenticeship standards and apprenticeship agreement(s) for any apprentice(s) who will perform work on the public works project; and documentation from each applicable apprenticeship program certifying that it has graduated at least five apprentice(s) in each of the past five years for each construction craft the contractor or subcontractor will perform on the project. Additional evidence of participation and graduation requirements may be requested by the County Council at its discretion.
(f) A copy of a written plan for employee drug testing that: (i) covers all employees of the contractor/subcontractor who will perform work on the public works project; and (ii) meets, or exceeds, the requirements set forth in I.C. 4-13-18-5 or IC 4-13-18-6;
(g) The name and description of the experience of each of the contractors or subcontractors project managers and superintendents expected to work on the project;
(h) Proof of any professional or trade license required by law for any trade or specialty area in which a contractor or subcontractor will perform work; and disclosure of any professional or trade license held by the company;
(i) Evidence that the contractor or subcontractor is utilizing a surety company on the United States Department of Treasury's Listing of Approved Sureties;
(j) A written statement of any federal, state, or local tax liens or tax delinquencies owed to any federal, state, or local taxing body in the last five years;
(k) A statement that all individuals who will perform work on the project on behalf of contractors or subcontractors will be properly classified as either (i) an employee or (ii) an independent contractor under all applicable state and federal laws and local ordinances;
(l) A list of projects of similar size and scope of work that the contractor or subcontractor has performed in the State of Indiana within three years prior to the date on which the bid is due;
(2) Applicant shall notify the county of any change to the list of contractors and subcontractors
performing work on the project within five calendar days of such change, and shall provide the county with the documentation required in division (B)(1) above within ten calendar days of such change.
(3) Upon request by the county, applicant shall obtain payroll information from any contractor or subcontractor on the project and provide the information to the county within five days of being requested.
(4) The county shall not issue a building permit for the project until the applicant submits all documentation requested in division (B)(1) above and the county has verified the information provided.
(5) The requirements of division (B) shall be included in the economic development incentive agreement entered into by the county and applicant.
(C) Public records. The documentation submitted pursuant to this section, including payroll records, are public records subject to review pursuant to the Indiana Access to Public Records Law.
(D) Termination and repayment. The county may terminate and require repayment of the economic incentive if applicant fails to comply with the requirements of division (B). The county will follow the procedures set forth in the parties' economic development incentive agreement for termination and repayment of benefits, or other applicable agreement.
(Ord. 1468B, passed 2-15-2022)