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HomeMy WebLinkAboutP-2023-003 Authorizing Advance PaymentsRESOLUTION NO. P-2023-003 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION AUTHORIZING ADVANCE PAYMENTS The Carmel/Clay Board of Parks and Recreation (the “Board”) met at a duly called and authorized meeting of the Board held on the date set forth below, such meeting being called pursuant to a notice stating the time, place and purpose of the meeting received by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the meeting, which constituted a legal quorum of the Board. WHEREAS, the Carmel/Clay Board of Parks and Recreation (the “Board”) is a governmental entity created and authorized to administer the Carmel/Clay Department of Parks and Recreation (the “Department”) pursuant to that certain agreement entitled “Interlocal Cooperation Agreement” signed by the respective authorized officials of Clay Township, Hamilton County, Indiana and City of Carmel, Indiana on July 30, 2002 and effective January 1, 2003, as amended from time to time (the “Interlocal Agreement”); and WHEREAS, the Indiana Legislature recently enacted Senate Enrolled Act 317, which allows political subdivisions to make advance payments for goods or services before the goods are delivered or services are completed if the fiscal body of the political subdivision authorizes making advance payments; and WHEREAS, the Carmel/Clay Department of Parks and Recreation (the “Department”) is a political subdivision as defined in Indiana Code § 36-1-2-13; and WHEREAS, pursuant to Indiana Code § 36-1-2-6, the Carmel/Clay Board of Parks and Recreation (the “Board”) is the Department’s fiscal body; and WHEREAS, allowing advance payments for goods and services purchased by the Department would enhance the Department’s operating efficiency. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Carmel/Clay Department of Parks and Recreation is hereby authorized to make advance payments for goods or services before the goods are delivered or services are completed. 3. Advance payments for goods and services may not exceed the lesser of the following: (a) Fifty percent (50%) of the entire cost of the contract. (b) Two million dollars ($2,000,000). 4. The Department fiscal officer or the fiscal officer's designee must do all of the following when advance payments are made: (a) Track prepayments by defining the prepayment on a purchase order. (b) Create a prepayment invoice that is associated with the purchase order. DocuSign Envelope ID: DBF4C3E1-955C-4CC5-91D3-70476338C53C (c) Require insurance or a surety bond in the amount of the prepayment if the amount of the prepayment is more than one hundred fifty thousand dollars ($150,000). 5. This Resolution shall take effect immediately upon its adoption. APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation this 8th day of August 2023 by a vote of ___6__ ayes and ___0__nays. CARMEL/CLAY BOARD OF PARKS AND RECREATION Richard F. Taylor III, President X Aye Nay Jenn Kristunas, Vice-President X Aye Nay Lin Zheng, Treasurer X Aye Nay Linus Rude, Secretary X Aye Nay James D. Garretson Absent Aye Nay Carrie Holle Absent Aye Nay Joshua A. Kirsh X Aye Nay Kristin Kouka Absent Aye Nay Mark Westermeier X Aye Nay CERTIFICATION I certify under the penalties of perjury that the foregoing members of the Carmel/Clay Board of Parks and Recreation voted as indicated above at a public meeting on August 8, 2023. Richard F. Taylor III, President DocuSign Envelope ID: DBF4C3E1-955C-4CC5-91D3-70476338C53C