Rhode Island Agreement For Historic Preservation Tax Credits - 2013 Page 7

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HISTORIC PRESERVATION TAX CREDITS 2013
AGREEMENT
(2) Made Available Defined. For purposes of this Agreement, the rentable area of a
Certified Historic Structure is “made available for a Trade or Business” if, during the sixty (60)
months after the Certified Historic Structure, or an identifiable portion thereof, was Placed into
Service, the owner of the Certified Historic Structure has:
(i) Consistently and repeatedly advertised and marketed the rentable area for
immediate occupancy or use by means of electronic media, print media, commercial
listings or directories and other channels of communication reasonably designed to reach
businesses located throughout the State of Rhode Island and in communities in adjoining
states; or
(ii) Has consistently and repeatedly rented or leased the rentable area to a Trade or
Business as defined in Section 9(b)(1) above.
(3) Documentation Required to Demonstrate Compliance. The Tax Division may require
rental agreements and/or sample advertising materials and invoices to document compliance with
the provisions of RIGL §44-33.6-4 and RIGL §44-33.6-2(17).
(c) Participation in Registered Apprenticeship Program. The Applicant acknowledges and
agrees that, under RIGL §44-33.6-8, if the Hard Construction Costs of the Project equal or exceed ten
million dollars ($10,000,000), Tax Credits will be allowed only if any contractor and subcontractor
working on the Project has an apprenticeship program for all apprenticeable crafts that will be employed
on the Project at the time of bid. Said apprenticeship programs must be registered and approved by the
United States Dept. of Labor in conformity with federal regulations.
(1) Hard Construction Costs Defined. Hard Construction Costs shall mean direct
contractor costs for labor, material, equipment, and services associated with the Project,
contractors’ overhead and profit, and other direct construction costs. By way of example and not
in limitation, Hard Construction Costs do not include architectural and engineering fees, the cost
of surveying, legal and accounting expenses, insurance premiums or development costs. Hard
Construction Costs are not necessarily costs that are allowable as QREs.
(2) Minimum Employees Required. The requirement to have a registered and approved
apprenticeship program applies to any contractor and subcontractor working on the Project that
has five (5) or more employees.
(3) Review to Ascertain Non-Compliance. The Applicant acknowledges that there are
statutory sanctions for non-compliance with RIGL §44-33.6-8 and that the Department of Labor
& Training, in conjunction with the Tax Division and other agencies, may review claims that a
contractor or subcontractor was exempt from the apprenticeship program requirement due to
insufficient employees.
SECTION 10. Jurisdiction and Venue. This Agreement shall be governed by the laws of the
State of Rhode Island. Venue for all legal proceedings arising out of this Agreement, or the breach
thereof, shall be located only in a court with competent jurisdiction in the State of Rhode Island.
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