Sec. 11.5. (a) The following definitions apply throughout this section:

(1) “Contract” includes a lease or other agreement.

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Terms Used In Indiana Code 36-10-9.1-11.5

  • authority: refers to the county convention and recreational facilities authority created by this chapter. See Indiana Code 36-10-9.1-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) “Contract limitation” refers to a bid specification, project agreement, lease provision, or other contract document that does any of the following:

(A) Requires a bidder, offeror, or contractor in any contractor tier to enter into or adhere to an agreement with a labor organization relating to a project.

(B) Prohibits a bidder, offeror, or contractor in any contractor tier from entering into or adhering to an agreement with a labor organization relating to a project.

(C) Discriminates against a bidder, offeror, or contractor in any contractor tier for any of the following:

(i) Becoming or remaining a signatory to an agreement with a labor organization relating to a project.

(ii) Refusing to become or remain a signatory to an agreement with a labor organization relating to a project.

(iii) Adhering or refusing to adhere to an agreement with a labor organization relating to a project.

(3) “Project” refers to a project of the authority for the construction, reconstruction, or renovation of or improvement to any capital improvement under this chapter to be financed in whole or in part from funds derived from the establishment of a tax area under IC 36-7-31.5.

(4) “Public benefit” refers to a grant, a tax abatement, a tax credit, or establishment or use of tax area revenues related to a project.

     (b) A contract relating to a project may not require a contractor or subcontractor to enter into a contract limitation as a condition of being awarded and performing work on the contract. Any such provision is void.

     (c) A public entity may not award a public benefit that is conditioned upon a requirement that the person awarded the public benefit include a contract limitation in a contract document related to a project. Any such provision is void.

As added by P.L.109-2019, SEC.21.

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