48-07 JEDZ Agreement - Laserfiche WebLink

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qualify as "backfill" for purposes of this Section 7; and (ii) If the moving business replaces part of the vacated space with new jobs and payroll, the aggregate employment-based income tax paid to the Losing JEDZ Party with written notice within 30 days as provided for in Section 20. For example, if new employees are hired anywhere in Cleveland by the relocated employer, the employment-based income tax from those employees that is paid to Cleveland shall reduce the amount to be paid by your community to Cleveland in an amount equal to the employment-based income tax paid by or on behalf of those employees. For purposes of the above example, "new" Cleveland employees are permanent employees who are hired due to the creation of new positions within Cleveland versus new or existing employees that are hired to fill existing vacant positions created by employee turnover, retirement, or for whatever other reason, Section 8. Administration of Agreement. (a) After execution of this Agreement, _~EDZ Parties may provide that the income tax sharing provisions i~ this Agreement be administered jointly by City and Cleveland, or by either the Central £ollection Agency, Regional Tncome Tax Authority, or both. The administrator will be responsible for collecting annual employment and ncome tax data from a relocating business, calculating the aggregate employment and payroll, determining the annual income tax to be shared and determining if the agreement should be terminated due to occurrence of any of the triggering events. (b) [f for any reason a ,elocating business is unable or unwilling to provide the payroll information necessary to make the tax sharing calculations specified in Section 7 above, the .]EDZ Parties agree to confer in good faith to determine an appropriate alternative calculation. Section 9. Access to Records; Audit. During the tax sharing period provided for in Section 7 above. City and Cleveland shall provide access to [he other party's tax withholding and estimated tax records related to the relocating business during normal business hours. Either party, through its representatives or employees, shall be permitted to make and keep photocopies of portions of [he other party's records that pertain to such tax withholdings and estimates. Once a year, both parties shall have the right to have an independent auditor inspect and audit the books and records of the other JEDZ Party. Section 10. Informal Dispute Resolution. Prior to invoking the provisions of Section 11 below, if City or Cleveland disagrees with the implementation or interpretation of this Agreement, the parties will use their best efforts to settle such dispute between themselves. If, despite good faith efforts the disagreement cannot be resolved, City or Cleveland may request informal dispute resolution by providing written notice to the other. The disagreement shall be submitted to the President of the Cuyahoga County Mayors and Managers Association for mediation. Unless otherwise agreed to by the JEDZ Parties,