RESOLUTION 2024-02

TO AMEND RESOLUTION 23-22, WHICH APPROVED AN INTERLOCAL

COOPERATION AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND
MONROE COUNTY, INDIANA FOR THE OPERATION OF THE
BLOOMINGTON/MONROE COUNTY CAPITAL IMPROVEMENT BOARD AND THE
CONVENTION AND VISITORS COMMISSION
(To Reconcile Two Versions of the Agreement)

WHEREAS, on November 15, 2023, the Common Council of the City of Bloomington
considered and approved Resolution 23-22 to approve an Interlocal Cooperation
Agreement between the City of Bloomington and Monroe County, Indiana for the
Operation of the Bloomington/Monroe County Capital Improvement Board and the
Convention and Visitors Commission ("Agreement"), which resolution was
subsequently signed and approved by the Mayor on November 17, 2023; and

WHEREAS, on February 13, 2024, the Monroe County Council approved of the Agreement with
a number of differences from the version adopted by the City of Bloomington via
Resolution 23-22; and

WHEREAS, on February 21, 2024, the Monroe County Commissioners approved of the
Agreement as adopted by the Monroe County Council; and

WHEREAS, the City of Bloomington wishes to amend Resolution 23-22 to reconcile said
differences between the two different versions of the Agreement and to approve of
the version of the Agreement that was approved by both the Monroe County
Council and the Monroe County Commissioners, a copy of which is attached hereto
as Exhibit A and made a part hereof;

NOW, THEREFORE BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE

CITY OF BLOOMINGTON, MONROE COUNTY, INDIANA, THAT:

SECTION 1. The Interlocal Cooperation Agreement between the City of Bloomington and
Monroe County, Indiana for the Operation of the Bloomington/Monroe County
Capital Improvement Board and the Convention and Visitors Commission, a copy
of which is attached hereto as Exhibit A and made a part hereof, is hereby
approved.

SECTION 2. If any sections, sentences or provisions of this resolution, or the application

thereof to any person or circumstances shall be declared invalid, such invalidity
shall not affect any of the other sections, sentences, provisions, or applications of
this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are declared to be
severable.

SECTION 3. This resolution shall be in full force and effect from and after its passage by the
Common Council of the City of Bloomington and approval of the Mayor.

PASSED by the Common Council of the City of Bloomington, Monroe County, Indiana upon
thi~ day o~2td-:d , 2024.

ha/d?A-(~~~
ISABEL PIEDMONT-SMITH, President
Bloomington Common Council

_J
,--
ATTEST:

NICOLE BOLDEN, Clerk

City of Bloomington

PRESENTED by me to the Mayor of the City of Bloomington, Monroe County, Indiana upon
this c2/?~ day of =~k2u.5 , 2024.

z/!7~
NICOLE BOLDEN, Clerk
City of Bloomington

SIGNEDandAPPROVEDbymeuponthis ~ ayof ~ , 2024.

~a--KERRY THOMSON, Mayor

City of~ ington

SYNOPSIS

This resolution amends Resolution 23-22 to reconcile two versions of an Interlocal Cooperation
Agreement between the City and the County for mutual and collaborative support of an
expanded Convention Center, related amenities, and necessary related entities, including the
Capital Improvement Board ("CIB") and Convention & Visitors Commission ("CVC"),
managing the expansion proj ect and Convention Center operations. This resolution adopts the
version of the agreement approved by Monroe County in February 2024.
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MONROE COUNTY AND CITY OF BLOOMINGTON, INDIANA

INTERLOCAL COOPERATION AGREEMENT
FOR
THE OPERATION OF THE BLOOMINGTON/MONROE COUNTY CAPITAL
IMPROVEMENT BOARD AND THE
CONVENTION AND VISITORS COMMISSION

This Interlocal Cooperation Agreement, entered into on this 21st day of February , 2024,
by and between Momoe County, Indiana ("County"), the City of Bloomington, Indiana. ("City").

WITNESSETH:

WHEREAS, Indiana Code 36-1-7, et seq., allows local government entities to make the most
efficient use of their powers by enabling them to contract with other governmental entities for
the provision of services to the public; and

WHEREAS, the County and the City each possesses the power and authority to engage in
activities that promote tourism and recreation, and to construct and operate improvements to
further those ends; and

WHEREAS, Bloomington/Momoe County is a highly sought-after destination for groups

seeking to hold events of significant size in Indiana; and

WHEREAS, people attending events at the Momoe Convention Center ("Convention Center")
also patronize restaurants and shops in the County and City, which has benefited the local
economy by hundreds of millions of dollars since the existing Convention Center began
operating; and

WHEREAS, the Convention Center was upgraded and remodeled, but not enlarged in 2012, and
its current size has limited its ability to accommodate many groups desiring to hold events in
Bloomington; and

WHEREAS, the parties agree that an expanded Convention Center ("Expanded Convention
Center") would provide civic benefits as well as significantly enhance the local economy through
additional visitors to the area and increased employment opportunities; and

WHEREAS, the parties acknowledge that building and activating an Expanded Convention
Center and any related amenities such as a hotel and/or parking garage (collectively, the
"Project") requires their collaboration and that a Capital Improvement Board ("CIB") is an
appropriate vehicle for achieving that collaboration; and

WHEREAS, the parties agree that the Project and ongoing operations of an Expanded
Convention Center will be funded through a combination of assets to be transferred or pledged
by each party to the CIB, including but not limited to real property controlled by the parties, as
well as certain tax revenues provided for under Indiana Code§ 6-9-41-0.3, et seq. ("Food and
Beverage Tax"), and under Indiana Code §6-9-4-1 et seq. ("Innkeepers Tax"); and
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WHEREAS, the County is authorized under Indiana Code §36-10-8-4 to determine who may
appoint members to the CIB, and the County is also authorized to make appointments to the
Convention and Visitors Commission ("CVC"), which oversees expenditures of the Innkeepers
Tax revenues; and

WHEREAS, the parties agree that their success of the Project requires an effective distribution of
responsibility for funding and managing the Project and the future management and operation of
the Expanded Convention Center and related amenities;

NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions set forth
herein, the County and the City hereby agree as follows:

ARTICLE I
PURPOSE AND DURATION OF AGREEMENT

Section 1. Purpose: The purpose of this Agreement is to set forth and define the respective
duties, obligations, rights, and responsibilities of the parties with regard to the Project and their
interactions with the CIB and the CVC, as these entities together will control (except as provided
below) the Expanded Convention Center's assets and funding streams.

The Project goals are threefold, I) to expand the convention and tourism industries in downtown
Bloomington, Momoe County, and the region; 2) to provide accommodations to local not-for-
profits and civic organizations; and 3) to accentuate the Community goals of sustainable and
environmentally progressive action.

Section 2. Duration: This Agreement shall be in full force and effect as of the date of its
execution and shall remain in full force and effect for the duration of the longest term of any of
the bonds issued to finance the Project, and thereafter until either party provides written notice of
termination at least six (6) months in advance. The terms of this Agreement may not be changed
except by mutual agreement of the parties. In the event state statutes governing the CIB and
CVC are amended so as to substantively affect the balance of authority among the parties under
either the terms of this Agreement or any of the other governing documents for the CIB or CVC,
the County and City agree to renegotiate the terms of this Agreement in the interest of
maintaining the balance of authority between the parties, including finding other means of
restoring the balance. The County and City also agree that regardless of the duration of this
specific Agreement, their explicitly shared and publicly declared intent is to continue
collaboration in perpetuity to oversee and direct the affairs of the Convention Center for the
betterment of the entire community and region, as future office holders determine.

ARTICLE II
CIB MEMBERSHIP

Section 1. APPOINTMENTS

Per County Ordinance 2023-24, the CIB shall be composed of seven (7) members, consistent
with IC 36-10-8-4. The units of government which shall make appointments to the CIB are
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Monroe County and the City of Bloomington. Specifically, Monroe County ("County") shall
appoint three (3) members and the City of Bloomington ("City") shall appoint three (3)
members. Those six (6) members appointed shall appoint the seventh appointment by a vote
of at least four (4) members. The Mayor shall appoint two members to the CIB; the
appointments must not be from the same political party. The City Council shall appoint one
member to the CIB. The County Commissioners shall appoint two members to the CIB; the
appointments must not be from the same political party. The County Council shall appoint
one member to the CIB.

Section 2. RESTRICTIONS

No members of the CIB may be elected officials of or employees of either the County or the
City, Visit Bloomington, Convention and Visitors Commission, Food & Beverage Tax
Advisory Commission, the Convention Center Management Company or of the following
entities affiliated with or related to the County or City: the Bloomington Housing Authority,
the City of Bloomington Utilities, and Bloomington Public Transportation Corporation
("Bloomington Transit"). This restriction does not apply to board members of any County or
City convention center building corporation or City of Bloomington Capital Improvements,
Inc.

All terms of office shall begin on January 15th, consistent with State law. A member whose
term expires may be reappointed to serve another term. If a vacancy occurs, a person shall be
appointed by the original appointing authority in the same manner as the original
appointment to serve for the remainder of the term.

ARTICLE III
ASSETS, FUNDING AND OPERATIONAL RESPONSIBILITIES

Section 1. Real Property Assets:

A. The parties agree that the work previously conducted regarding location, scope and
design of the Convention Center expansion retains relevance. Accordingly, they expect
the CIB to incorporate that work, updated as appropriate with additional data and input
from City and County leadership and the public, into the CIB' s selection of a site for the
Expanded Convention Center and sites for related amenities (e.g., hotel(s), parking
garage), corresponding designs for the same, and partner selection for architectural and
design services and hotelier(s).

B. The CIB shall request from the parties such transfer of ownership of property assets as
are needed in its judgment successfully to complete the Project, including property
needed directly for such structures or needed to help finance them, and on such terms as
needed. The Parties shall in good faith review and negotiate regarding such requests. The
Parties agree that the County properties located south of W. 3rd Street and east of South
College A venue shall not become available for use prior to the conclusion of the 2024
election cycle.

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Section 2. Project Construction Funding and Management:

A. The City shall be solely responsible for approving any debt issued to finance the design
and construction of the Expanded Convention Center. For this purpose, the City intends
to use a non-CIB third-party building corporation ("City Building Corporation") to issue
debt on behalf of the City. Such City Building Corporation shall own the Expanded
Convention Center and lease it to the City, and the City, and if necessary, the City
Building Corporation shall contract with the CIB to manage the design and construction
of the Expanded Convention Center, consistent with and subject to Indiana public
construction laws and the terms of the debt financing and budgets for design and
construction approved by the City Council. These same provisions shall apply in the
event that any debt used to finance amenities such as a parking garage or hotel is issued
on behalf of the City rather than the CIB or County.

B. The bond proceeds and any other designated funds provided by the City to be used in
connection with the Project shall not be included in any annual budget presented by the
CIB to the County Council or otherwise require approval for their use from County
authorities.

C. As soon as reasonably practicable following completion of construction, the City shall

enter into a contract with the CIB for post-construction operation and management of the
Expanded Convention Center.

D. Once debt service is completed, the City Building Corporation shall transfer ownership of
the Expanded Convention Center, and the real property(ies) on which it is located, and
any other structures that are financed with debt approved and issued on behalf of the City
and the real property(ies) on which they are located, first to the City as lessee, in
accordance with the terms of the debt financing arrangements and such terms as have
been agreed between the entity(ies) that transferred real property to the City Building
Corporation on terms agreed under Section l(B) above. Subject to Indiana property
disposition laws and federal tax laws relating to tax-exempt debt issued by the City
Building Corporation, the City shall then transfer ownership to the CIB.

Section 3. Convention Center Operation and Management:

The Parties understand and agree to the following regarding the operation and management of
the existing and expanded Convention Center and any related amenities:

A. The existing County contract with the CVC for facility management of the current
Convention Center will be assigned to the CIB as soon as practicable following
completion of the design and construction period, but not before, to ensure that the
ongoing operations of the current Convention Center are sustained smoothly and to allow
the CIB to focus fully on the design and construction of the Project.

B. The CVC shall promote the existing and Expanded Convention Center and related
tourism and convention opportunities.

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C. The CVC shall provide the City and County Councils with updates concerning revenue
projections of the Innkeepers' tax prior to July 1 of each year.

D. The CIB shall be responsible for selecting and overseeing partnerships with any hotelier
partners.

E. The CIB shall have the authority to name the Expanded Convention Center, subject to
Article IV Section 1 below.

Section 4: eIB and eve Funding:

A. CIB Funding:
a. The parties agree that during the Project design and construction period and
before implementation of the contract described in Article III Section 2C above,
the CIB shall have authority to determine its budget solely with the City Council,
including City food and beverage funds or any other City-designated funds
needed to cover the hiring/retention during the design and construction phase of
relevant support staff (e.g., an Executive Director/Project Manager, financial and
legal support, administrative support).

b. The parties anticipate that the CIB shall be funded solely with City funds through
the completion of the Project design and construction period. However, to the
extent that the CIB does seek appropriations from the County during the Project
design and construction phase, the County agrees not to use its approval
authorities over CIB annual budgets or otherwise to override, change, or interfere
with (i) CIB budgets and expenditures that are agreed to by the City Council
during and covering the Project design and construction period, or (ii) Project
design and construction decisions that rest with the CIB and are to be funded
through debt approved by the City Council or other City Council appropriations.

c. The parties agree that following the Project design and construction period and
implementation of the contract described in Article III Section 2C above, the CIB
shall work with both the City and County Councils in developing its annual
budget to reach agreement among the parties prior to presenting the budget for
official approval. The parties shall coordinate with the CIB so that it will present
its budget to the City Council for review and approval prior to the County Council
Budget Session and will present its budget to the County Council during a County
Council Budget Session. In the event the County Council does not agree with the
budget approved by the City Council, the two Councils shall work to come to
agreement on a budget that both Councils can approve. If the Councils cannot
agree on a budget by December 1st, the budget for the then-current year shall be
the budget for the succeeding year.

d. The parties agree that in the event the CIB determines a bond or other financing is
recommended for activities other than Expanded Convention Center design and
construction, the CIB shall make that recommendation to the City and/or County
Council, depending on the proposed source(s) of financing. If the relevant
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Council(s), by resolution, approve the recommendation, then the statutory process

for issuing the debt may proceed. No such bond or other financing may be issued
for CIB purposes without first going through this process.

B. CVC Funding:
a. The parties agree that during the Project design and construction period, the CVC
shall develop and present its annual budget to the County Council. The County
Council shall ensure that such budget reflects the continued use of Innkeepers Tax
revenue to properly and sufficiently fund the operation and management of the
existing Convention Center.

b. Following the Project design and construction period and implementation of the
contract described in Article III Section 2C above, the City and County shall work
with the CVC in developing its annual budget to reach agreement among the
parties prior to the CVC presenting its budget for official approval. The parties
shall ensure through this process that the CVC uses Innkeeper's Tax to properly
and sufficiently fund the ongoing operation and maintenance of the Expanded
Convention Center, with at least the same proportion or dollar amount, whichever
is greater, of Innkeepers Tax revenue going to support the expanded Convention
Center as the CVC and County Council have approved for existing Convention
Center support in recent years. The parties shall coordinate with the CVC so that
the CVC shall present its proposed budget to the City Council for review and
approval prior to the County Council Budget Session, and then present the budget
to the County Council during a County Council Budget Session. In the event the
County Council does not agree with the budget approved by the City Council, the
two Councils shall work to come to agreement on a budget that both Councils can
approve. If the Councils cannot agree on a budget by December 1st, the budget
for the then-current year shall be the budget for the succeeding year.

ARTICLE IV
MISCELLANEOUS PROVISIONS

Section 1. Convention Center Name: The CIB shall determine a process for selecting a name
for the Expanded Convention Center, except that any sale of overall naming rights to the
Expanded Convention Center by the CIB shall require prior approval by both the County Board
of Commissioners and the Mayor of the City of Bloomington.

Section 2. Local Government Approvals: The parties shall cooperate on the review and
approval of any documents necessary to secure timely regulatory approvals for the Project site
plan, design, and construction.

Section 3. Amendment of this Agreement: The parties may mutually agree to amend this
Agreement to correct errors, clarify the understanding of the parties, or to otherwise fulfill the
intent of the parties where the initial signed version is deemed inadequate for that purpose. The
CIB and CVC may recommend changes to this Agreement for review by the parties.

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Section 4. Effective Date: This Agreement will be effective when approved, in the same
manner as approval of all Interlocal Agreements, except that the State Attorney General shall not
be asked to approve this contract.

Section 5. General Intention as to Convention Center Use: The parties intend that the
Expanded Convention Center shall also serve as a Civic Center for the use of community
residents and non-profit organizations, consistent with the financial and operational needs of the
Expanded Convention Center.

Section 6. Sustainability: The parties hereby express their desire and intention that the Project
will incorporate sustainability into its design and future operations, and the CIB is directed to
continually pursue sustainability as a primary goal, so far as financially and operationally
feasible and practicable.
Section 8. Savings Clause: In the event any Article, Section or Portion ofthis Interlocal
Agreement should be held invalid and unenforceable by any court of competent jurisdiction,
such decision shall apply only to the specific Article, Section or Portion thereof specifically
specified in the court's decision.

Section 9. Compliance with Monroe Couty Ordinance 2023-24. Nothing in this interlocal is
meant to contradict or supplant Momoe County Ordinance 2023-24, which is attached to this
Interlocal as Exhibit A.

WHEREFORE, the parties hereto have executed this Agreement as of the date first set forth
above.

COUNTY OF MONROE, INDIANA CITY OF BLOOMINGTON

BOARD OF COMMISSIONERS
(j~ ~
Julie Thomas, President ~ - - -

Penny Githens, Vice President

Lee Jones, Member

2/ 21/ 2024
ATTEST: (Dated: )

Brianne Gregory, Auditor

Momoe County, Indiana

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CITY OF BLOOMINGTON COMMON COUNCIL

hJd?~/~
Isabel Piedmont-Smith, President

ATTEST:

~~
Ni~ole Bolden, Clerk
City of Bloomington

MONROE COUNTY COUNCIL

Trent Deckard, President

ATTEST:

- ;kA
Monroe County
D'rv::=:

8
 Monroe County Board of Commissioners Agenda Request Form

Date to be heard 10_2_12_11_2_4

.... _ _ _ _____. Formal [Z] Work session D Department !commissioners

Title to appear on Agenda: Ordinance 2024-11 CIB lnterlocal Vendor#

Executive Summary:

This lnterlocal agreement was approved by the County Council on February 13, 2024. It explains the interactions with
the City and County as it relates to the Capital Improvement Board and Convention Center Expansion project.

Fund Name(s): Fund Number(s): Amount(s)

NA

Presenter: IJeff Cockerill

Speaker(s) for Zoom purposes:

Name(s) Phone Number(s)

.___________.II._____
(the speaker phone numbers will be removed from the document prior to posting)
____.
Attorney who reviewed: !cockerill, Jeff
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ORDINANCE 2024-11

An Ordinance Approving the lnterlocal Cooperation Agreement between the City of Bloomington
and Monroe County, Indiana, regarding the Capital Improvement Board.

WHEREAS, the City of Bloomington, Indiana ("City") and the County of Monroe, Indiana
("County"), desire to enter interlocal agreement ("Agreement") which authorizes the purchase of vehicle
pursuit intervention devices; and

WHEREAS, the form of the Agreement has been developed and is attached to this Ordinance as
Exhibit A;

WHEREAS, the County, acting by and through its Board of Commissioners, hereby finds that the
Agreement promotes the public interest and should be approved;

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Monroe County,

Indiana, that the Exhibit A shall be, and hereby is, approved.

Approved this 21st day of February, 2024, by the Board of Commissioners of Monroe County.

MONROE COUNTY BOARD OF COMMISSIONERS

"AYES" "NAYS"

Julie Thomas, President Julie Thomas, President

Penny Githens, Vice President Penny Githens, Vice President

Lee Jones, Commissioner Lee Jones, Commissioner

ATTEST:

Brianne Gregory, Auditor

DocuSign Envelope ID: 8F4CA03F-77F3-4D5E-88E1-3B8C78BC2F2C

RESOLUTION 2024- 0 I
A Resolution Approving the lnterlocal Cooperation Agreement between the City of Bloomington and
Monroe County, Indiana, in regards to Capital improvement Board.

WHEREAS, be it resolved that the Monroe County Commissioners passed, An lnterlocal Cooperation
Agreement between Monroe County, Indiana and City of Bloomington regarding the Building Code
Authority("lnterlocal"), and;

WHEREAS, the Ordinance approving the lnterlocal agreement is as "Exhibit A" and,

WHEREAS, the Monroe County Council has reviewed and approves of the lnterlocal.

BE IT THEREFORE RESOLVED, that the Monroe County Council approves the lnterlocal Cooperation
Agreement between Monroe County, Indiana and City of Bloomington regarding the Capital Improvement Board.

This Resolution was presented and approved to Monroe County Council on February 13, 2024.

MONROE ~ COUNCIL

~ e DNay DAbstain DNotPresent f/(//j - ~

Trent Deckard, Preslnt

~ ye DNay 0Abstain D Not Present

~ e 0Nay 0Abstain DNotPr~ 'J\~ ~k:

Marty Hawk, Councilor
----
~ e DNay DAbstain DNot Present

IJ3{ye DNay 0Abstain D Not Present

Geoff McKim, Councilor
'
~ e DNay DAbstain DNotPresent ~ L,Alt\~~
Cheryl Munson, Councilor

~ e DNay DAbstain DNotPresent ~~~

L. Kate Wiltz, Councilor

ATIEST:

~~~a,v~ft,o~
Monroe County, Indiana
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ORDINANCE 2023-24

AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS

CREATING A CAPITAL IMPROVEMENT BOARD TO DIRECT
CONVENTION CENTER SITE SELECTION, DESIGN, CONSTRUCTION, AND OPERATIONS

WHEREAS, Monroe County Government established, maintained, and has operated the Monroe Convention
Center ("Convention Center") for more than thirty years, using Innkeeper's Tax Funds provided for by Indiana Code
6-9-4 et seq. and appropriated by the Monroe County Council ("County Council"); and,

WHEREAS, the Monroe County Board of Commissioners ("Commissioners") have purchased real property, funded
through bonds and appropriations approved by the County Council, for the expansion of the Convention Center;
and,

WHEREAS, the Indiana General Assembly enabled the County Council to enact a County Food and Beverage Tax in
2009, with the passage of P.L 176-2009, SEC. 21; and,

WHEREAS, the County Council, relying upon assurances of collaboration and partnership issued by the City of
Bloomington Common Council and Mayor of Bloomington, the County Council adopted Ordinance 2017-51, which
authorized the Monroe County Food and Beverage Tax ("Tax"); and,

WHEREAS, local enabling Ordinance 2017-51 confirmed and affirmed the state-law provisions providing for a Food
and Beverage Advisory Commission ("Commission") to "coordinate and assist efforts of the County and City of
Bloomington fiscal bodies" and requiring legislative action to seek and receive the Commission's recommendations
of all expenditures prior to the legislative approval of any expenditures of Tax proceeds; and,

WHEREAS, the Commissioners wish to follow state law procedures and those procedures which are required by
Ordinance 2017-51, including reliance upon Commission to coordinate and assist the City and the County Council
regarding the utilization of Tax receipts and requiring legislative oversight and action, which may not be
contradicted or delegated under the guise of Indiana's Home Rule authority; and,

WHEREAS, the Commissioners, County Council, City, and Mayor ("Elected Officials") met on at least three
occasions in 2019 in order to resolve issues regarding construction and future operation and management of the
Convention Center; and,

WHEREAS, the discussions were delayed due to the COVID-19 pandemic; and,

WHEREAS, in 2022, the City of Bloomington expressed a wish to move forward with the project and expressed
urgency due to the possibility of state legislation which would rescind the local Food and Beverage Tax; and,

WHEREAS, the City's offer did not reflect the status of the negotiations from 2019 with the Commissioners; and,

WHEREAS, the Commissioners,wish to move forward with the 2019 structure, which included a CIB, however,
there is a concern that the City does not; and,

WHEREAS, a Capital Improvement Board ("CIB"}, discussed by the Elected Officials and authorized pursuant to
Indiana Code 36-10-8 et seq., is a natural option to direct Convention Center site selection, design, construction,
and operations, as it is a governmental entity created for this very purpose, protected by the Tort Claims Act, and
completely transparent and publicly accountable; and,

WHEREAS, the Commissioners do not support the creation of an independent 501c3 corporation, due to the lack
of legally-required transparency, the lack ofTort Claim liability protection, and the inherent risks that are
associated with the "flexibility" provided to a 501c3; and,
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WHEREAS, the Commissioners wish to see the Convention Center expansion and its ongoing operations advance
and be directed by a bipartisan, neutral CIB, which is composed of appointments made by the City and County,
who are empowered under state law and Ordinance 2017-51; and,

WHEREAS, the Commissioners look forward to working with their City' colleagues to expeditiously move forward
making appointments to a CIB so that the Convention Center expansion may proceed, and the process no longer
stalled.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY,

INDIANA.

Section 1. A Capital Improvement Board ("CIB") is hereby created, pursuant to Indiana Code 36-10-8 et seq.
to manage and direct the affairs of the Monroe County Convention Center tconvention Center") and its
expansion.

Section 2. The CIB shall be composed of seven (7) members, consistent with IC 36-10-8-4. The units of
government which shall make appointments to the CIB are Monroe County and the City of Bloomington.
Specifically, Monroe County ("County") shall appoint three (3) members and the City of Bloomington ("City") shall
appoint three (3) members. Those six (6) members appointed shall appoint the seventh appointment, such
appointment must comply with IC 36-10-8-4 (b). The Mayor shall appoint two members to the CIB, the
appointments must not be from the same political party. The City Council shall appoint one member to the CIB.
The County Commissioners shall appoint two members to the CIB, the appointments must not be from the same
political party. The County Council shall appoint one member to the CIB. To create staggered appointments, the
first round of appointments made by the Mayor and the County Commissioners will expire ending on January 15,
2024. All other and subsequent appointments will be two-year appointments to the CIB.

Section 3. The CIB shall have all authority permitted by law, however, the CIB shall not be allowed to
employ or have appointed to the Board of Directors any Monroe County or City of Bloomington elected officials,
employees, or board members who oversee any potential local governmental funding stream, such as
Redevelopment funds, Innkeepers tax, or Food and Beverage Tax. It is the intent of the Commissioners, with this
limiting provision, to avoid conflicts of interest and to ensure independent and fair decision-making by the CIB.

Section 4. The CIB shall select the site for the expansion of the Convention Center expansion components,
including a site plan, select and contract with the operation and management organization(s), oversee process for
hotelier partner selection, name the expanded center, hire/retain support staff, and the need for additional
amenities including a parking garage.

Section 5. In accordance with Section 3 and 4, this ordinance is subject to both the City of Bloomington and
the Monroe County Officials to perform statutory functions. The Commissioners vow to work with their colleagues
at the City to transfer the necessary real property for the actual expansion, execute all agreements, and take
any/all steps necessary in order to allow the CIB to fulfill the statutory duties contained in Indiana Code 36-10-8 et
seq., including the financing, construction, equipping, operating, and maintaining of the capital improvements that
are and will be a part of the Monroe County Convention Center. The building and parking lot currently utilized for
County Election Operations will not be made available until the conclusion of the November General Election in
2024.

Section 6. This Ordinance takes effect upon passage by the Commissioners.

Approved this 5th day of July 2023, by the Board of Commissioners of Monroe County, Indiana.
DocuSign Envelope ID: 8F4CA03F-77F3-4D5E-88E1-3B8C78BC2F2C
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MONROE COUN1Y BOARD OF COMMISSIONERS

"AYES" "NAYS"
7/6/2023
Penny Githens, President Penny Githens, President
7/6/2023

Julie Thomas, Vice President Julie Thomas, Vice President

~ 7/7/2023
Lee Jones, Member Lee Jones, Member