Memo Various Local Govern'tsMEHORANDUM OF UNDERSTANDING
This Memorandum of Understanding dated as of
, 1995 (the ,MOU"), is by and among the Indiana
governmental and public entities that have executed this MOU or
that b~ve or will execute counterparts of this MOU pursuant to
Section 2(b) hereof (collectively, the "Participating
Governments").
Recitals
1. Each Participating Government has determined that
economic development.and the attraction of capital investment and
the attraction and/or retention of good paying jobs is beneficial
to the public welfare of its citizens.
2. Each Participating Government is permitted and has
the power pursuant to the provisions of Indiana law to promote
economic development by offering certain financial incentives for
purposes of attracting new capital investment and attracting
and/or retaining good paying jobs.
3. Each Participating Government has determined that
cooperation with other governmental and public entities in
promotin~ economic development in central Indiana is beneficial
to the public welfare of its citizens.
4. Each Participating Government desires to enter
into this MOU for purposes of establishing a cooperative approach
to economic development which will include parameters for the
offering of financial incentives for the purpose of attracting
new capital investment a/%d attracting and/or retaining good
paying jobs to central Indiana.
NOW, THEREFORE, in consideration of the premises and
the representations, warranties, covenants, and agreements
contained herein, each Participating Government agrees as
follows:
Section 1. p.~rticipating..Governments.
(a) The following political subdivisions of the State
of Indiana have agreed to be Participating Governments for
p~poses of this MOU, and by their initial execution ~f this MOU,
agree to all of the terms hereof:
Marion County/City of Indianapolis, acting by and
through the Metropolitan Development Cor0mission of
Marion County, Indiana;
2. Hamilton County, Indiana;
3. City of Carmel, Indiana;~
4. City of Noblesville, Indiana;
Town of Fishers, Indiana; and
(b) Any political subdivision of the State of Indiana
located in a county contiguous to Marion County, Indiana, that
wishes to become a party to this MOU may do so by executing a
Certificate of Participation attached hereto as Exhibit A and
delivering an executed counterpart of the Certificate of
Participation to each existing Participating Government. Any
entity that becomes a Participating Government pursuant to this
Section 2(b) shall have the same rights and obligations hereunder
as any other Participating Government. The minimum average
hourly wage rate and minimum capital investment thresholds for
various geographic areas set forth in such Certificate of
Participation shall be incorporated into Exhibit B hereto.
regarding
Sei_~. Financial Incentives.
The Participating Governments agree to the following
the offering of financial incentives:
No financial incentives shall be offered by any
Participating Government if the economic
development project involves the relocation of a
business from another jurisdiction signatory to
this Memorandum of Understanding, without the
written approval of the jurisdiction where the
business currently is located. Written approval
may take the form of a letter from the
jurisdiction where the business currently is
located, addressed and delivered to the
jurisdiction under consideration for the economic
development project and to the executive director
of the Indiana Department of Con~aerce indicating
that (i) the jurisdiction where the business
currently is located has exhausted all resources
available to keep the business in such
jurisdiction; (ii) the jurisdiction where the
business currently is located supports the
business's move to the jurisdiction under
consideration for the economic development
project; and (iii) the jurisdiction where the
business currently is located supports the use of
financial incentives by-the jurisdiction under
consideration for the economic development
project.
Except as expressly set forth below, the
Participating Governments shall not offer
financial incentives to any business with regard
(c)
to an economic development project which creates
or retains jobs with average hourly wage rates (on
a facility-wide basis and excluding benefits and
overtime), which are less than the minimum average
hourly wage rates for the applicable geographic
area of such jurisdiction set forth on Exhibit B
hereto. (Salary positions and construction jobs
associated with economic development projects
shall not be considered in calculating the average
hourly wage rate.)
Notwithstanding the foregoing, the Participating
Governments may offer financial incentives foran
economic development project which creates or
retains jobs with average hourly wage rates less
than the minimum levels set forth on Exhibit B
hereto, if the total capital investment associated
with the economic development project exceeds the
minimum capital investment for the applicable
geographic area of such jurisdiction set forth on
Exhibit B hereto.
Notwithstanding the provisions of Section 4(a)
hereof, each Participating Government may increase
the minimum average hourly wage rates and minimum
capital investment thresholds no more frequently
than once per year by written notification to each
other Participating Government. The increased
thresholds shall become effective and incorporated
into Exhibit B hereof thirty days after delivery
of the notification described in the preceding
sentence.
In no event shall any retail projects be eligible
for any financial incentives. The Participating
Governments shall require any business receiving
financial incentives to make commitments regarding
capital investment, job creation and/or retention,
and average hourly wage rates, and any such
business shall be required to demonstrate
compliance with such commitments in order to
receive, or continue to receive, such financial
incentives°
For purposes oX this Section 2, the term
,,financial incentives" shall mean real property or
personal property tax ~batement, 'land acquisition
and site improvement assistance or building
acquisition assistance. For purposes of this
Section 2, the term ,,financial incentives" shall
not include (i) assistance with the issuance of
industrial revenue bonds, (ii) assistance with
employee recruitment, screening, testing, and/or
training provided by local private industry
councils, or (iii) any other type of assistance in
which the Participating Government acts merely as
a conduit for assistance paid for by the state or
federal government.
(e) The provisions of this Section 2 shall be
effective commencing August 1, 1995, and shall not
apply to any offer of financial incentives by a
Participating Government evidenced in a written
document sent to a business prior to August 1,
1995.
Seti~. Representations and Warranties.. Each
Participating Government hereby represents and warrants that:
(a) The governing body of the Participating Government
has adopted a resolution authorizing the
Participating Government to enter into the M0U and
the Participating Government has taken all other
necessary actions and has received all necessary
approvals and consents in order to execute and
deliver this MOU and to perform its obligations
hereunder; and
(b) The execution, delivery, and performance of this
M0U by the Participating Government do not violate
any applicable laws of the State of Indiana or any
other applicable federal, state, or local law,
ordinance, regulation, or rule; and
(c) The execution, delivery, and performance of this
MOU have been duly authorized and this MOU is a
legal, valid, and binding obligation of the
Participating Government enforceable against the
Participating Government in accordance with its
terms; and
(d) The execution, delivery, and performance of this
M0U do not conflict with or result in the breach
or termination of, or constitute a default or
event of default under the terms of, any contract
or other agreement to which the Participating
Government is a party or by which the
Participating Government is bound.
~. Te~m..Amendment and T~rmin~ion.
s~bject to subsection (c), the initial term of
1995
(a)
this MOU shall be three (3) years, effective from August 1,
through July 31, 1998 and shall automatically renew for
consecutive one (1) year periods thereafter.
(b) Unless explicitly set forth otherwise herein, this
M0U may be amended only by the written consent of each
Participating Government.
(c) Any Participating Government may withdraw and
terminate its participation in the MOU by resolution adopted by
the governing body of the Participating Government not less than
sixty (60) days prior to each anniversary date (i.e. August !).
Such decision must be con~nunicated to each of the other
Participating Governments in writing.
(a) This MOU shall be governed by, and construed and
enforced in accordance with, the laws of the State.of Indiana.
(b) This MOU contains the entire understanding of the
parties hereto and supersedes all prior agreements and
understandings, oral and written, with respect to this subject
matter.
(c) This MOU may be executed simultaneously in several
counterparts, each of which shall be deemed an original, but ail
of which together shall constitute one and the same instrument.
(d) In the event that any clause, portion, or section
of this M0U is unenforceable or invalid for any reason, such
unenforceability or invalidity shall not affect the
enforceability or validity of the remainder of this MOU.
IN WITNESS WHEREOF, the parties hereto have executed
this Memorandum of Understanding as of the day and year first
written above.
ATTEST:
printed:
Title:
MARION COB/TrY/CITY OF INDIANAPOLIS,
by and through the Metropolitan
Development Co~nission of Marion
County, Indiana
By:.
Printed:
Title:
ATTEST:
By:
Printed:
Title:
ATTEST
Title:
ATTEST
Title:
HAMILTON COUNTY,
Printed:
Title:
INDIANA
-6-
ATTEST:
By:
Printed:
Title:
TOWN'OF FISHERS, INDIANA
By:.
printed:
Title:
-7-
EXHIBIT A
CERTIFICATE OF PARTICIPATION
Pursuant to Section l(b) of the Memorandum of
Understanding dated as of .., 1995 (the "MOU"), by and
~=~w~=n ~he Participating Gove~ments (as defined in t~e MOU),
~-~f-political ~ubdivision] does hereby request aha agree to
be added as a Participating Government under the MOU.
By execution of this Certificate of Participation,
[name of political subdivision] hereby affirms the
representations and warranties set ~orth in Section. 3 of the MOU
and further agrees to be subject to the same obligations, and to
have the same rights, as if it had executed the MOU.
The following are the minimum average hourly wage rate
and minimum capital investment thresholds for various geographic
areas to be i~corporated into Exhibit B of the MOU pursuant to
Section 2 of the MOU:
Geographic Minimum Average Minimum
~ ~ourlv Wa~e Rate Capital Investment
Executed this ~,, day of
[NAME OF PAI%TICIPATING ~GOVE~NT]
SCHEDULE OF MINI~H AVERAGE HOURLY WAGE RATES
AND HI~IMUM CAPITAL i"RVES~
Geographic
Center
Decatur
Franklin
Lawrence
Perry
Pike
Warren
Washington
Wayne
Minimum Average
Hourly Wa~e Rat~
$ 7.50
$ 9.00
$12.75
$12.00
$10.75
$12.25
$ 9.s0
$12.25
$ 9.0o
or.
Minimum
~apital Investment
None
$ 25,000/job
$ 25,000/job
$125,000/job
$ 75,000/job
$125,000/job
$ 50,000/job
$125,000/job
$ 50,000/job
Geographic
Area
City of Carmel
Town of Fishers
City of Noblesville
Hamilton County
Townships
(Unincorporated)
Adams
Clay
Delaware
Fall Creek
Jackson
Noblesvitle
washington
Wayne
White River
Minimum Average
Hourly Wage Rate
$12.25
$12.25
$ 9.50
$ 7.50
$12.25
$12.25
$12.25
$ 7.50
$ 9.50
$ 9.00
$ 9.50
$ 7.50
Minimum
Capital Investment
2% of AV (7.44M)
2% of AV (4.06M)
2% of AV
None
7.44M
4.06M
4.06M
None
3.38M
1.04M
3.38M
None
C~RIFICATIQN OF MEMOrANDUm4 OF U~DERSTANDI~
The purpose of this document is to clarify the meaning of
the term ,,retail projects" as used in Section 2{c) o~ the ~lemorand~m
of Understanding {"MOU") between Marion County, city of Indianapolis,
Kamilton County, City of Carmel, City o~ Noblesville and the Town of
Fishers. For purposes of the MOU~ ,,retail project" shall not include
rehabilitation o~ spaces currently used for retail purposes or retail
establishments within a redeYmlopment district or area as designated
by the participating Entity.
~24%LTON COUNTY, I~DZANA
By:_
Printed:
Title:
MAI{ION CoUNTY/CITY OF %IqD!ARAPOLIS,
by and through the Metropolitan
Development Commission of Marion
County, Indiana
By;
Printed:
Title:
Title:
TOWN OF FISHERS,
By:..
Printed:
Title:
INDIANA