Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana

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EXECUTION COPY the Tribal Health and Safety Act that the design and construction of the Resort meets ;standards that are at least as rigorous as state and local laws. 3. Tribal Tax Code. The Band, in the exercise of its sovereign powers, has enacted and shall sustain as enacted Band law a Tribal Tax Revenue and Administration Code ( "Tribal Tax Code "), which includes Tribal taxes on retail sales, food and beverage service, and hotel occupancy ("Tribal Resort Taxes "). The Band shall take all necessary steps to ensure that the Tribal Resort Taxes are equal, to or greater than any state and local taxes which would be applicable to the Resort- if it were not located on land held by the federal government in trust Tor the Band ( "Trust Land "): 4 Local Preference Polic ::PGA agrees that it shall in hiring and purchasing for the Resort give preference to residents of St. Joseph County, Indiana. and businesses I ocated. in St. Joseph County, Indiana, provided that: (a) any such preference shall. be subordinate to preferences PGA gives to citizens of the Band, their spouses and children, and to businesses owned by or affiliated with citizens of, the Band (b) as to hiring, the resident is qualified, holds any licenses that maybe required by the Band or PGA, and complies with. employment policies established by PGA; and (c) as to purchasing, the vendor is qualified and holds any licenses that may be required by the Band or PGA, the vendor's price and other terms are reasonably competitive, and the proposed vendor can meet bonding and other requirements established by the Band or FGA. For purposes of this Section 4, qualifications, licensing, competitiveness and compliance with requirements shall be reasonably determined by the Band Parties. 5. Minority and Women's Business Participation. PGA agrees that in the operation of the Resort it shall make a good faith effort to utilize minority and women owned businesses in an amount that is consistent with the most recent disparity study conducted by the Indiana Gaming Commission ( "IGC ") under 1C 4- 33- 14 -5(b) and IC 4- 35- 11 -6(b). To the extent that there maybe a conflict between the Pokagon Band Employment and Contracting Preferences Code or any successor law and related policies and procedures ( "Pokagon Preference Requirements ") and this Section 5, the Pokagon Preferences Requirements shall take precedence. No later than the first business day of February of each calendar year, PGA shall file a written report with the City demonstrating its good faith efforts consistent with this Section 5 relating to the most recent calendar year. 6. Joint Marketing Contribution. PGA agrees that it will contribute to the St. Joseph County Convention and Exhibition Center Fund ( "Fund ") a portion of the Tribal Resort Taxes it assesses under the Tribal Tax Code in association with its operation of any hotel located on the Site ("Tribal Hotel Taxes "). Such contribution to the Fund shall be for the promotion of travel, business, and tourism. Page 3 of 22