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HomeMy WebLinkAboutD-2670-23 Allows City to Make Advance Pmt for Goods & Services Before Received SPONSOR(S): Councilor Worrell This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on June 8, 2023 at 11:25 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. ORDINANCE NO. D-2670-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING SECTION 2-14 TO CHAPTER 2, ARTICLE 1, DIVISION III OF THE CARMEL CITY CODE Synopsis: Allows the City to make advance payments for goods and services before the goods are delivered or the services are completed. 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 City of Carmel (the “City”) 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 Common Council is the City’s fiscal body; and WHEREAS, allowing advance payments for goods and services purchased by the City would enhance the operating efficiency. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 2, Article 1, Division III, Section 2-14 is hereby added to the Carmel City Code and shall read as follows: “§ 2-14 Advance Payments for Goods and Services. (a) Advance payments for goods or services before the goods are delivered or services are completed are hereby authorized. (b) Advance payments for goods and services may not exceed the lesser of the following: (1) Fifty percent (50%) of the entire cost of the contract. (2) Two million dollars ($2,000,000). Ordinance D-2670-23 Page One of Three Pages DocuSign Envelope ID: 467BC526-1090-408B-8A1B-D6FF4E18ED32 SPONSOR(S): Councilor Worrell This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on June 8, 2023 at 11:25 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. (c) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance payments are made: (1) Track prepayments by defining the prepayment on a purchase order. (2) Create a prepayment invoice that is associated with the purchase order. (3) 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).” Section 5. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 6. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 7. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor. Ordinance D-2670-23 Page Two of Three Pages DocuSign Envelope ID: 467BC526-1090-408B-8A1B-D6FF4E18ED32 SPONSOR(S): Councilor Worrell This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on June 8, 2023 at 11:25 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2023, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Jeff Worrell, President Laura Campbell, Vice-President ___________________________________ ____________________________________ Kevin Rider Sue Finkam ___________________________________ ____________________________________ Anthony Green Adam Aasen ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Teresa Ayers ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2023, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2023, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2670-23 Page Three of Three Pages DocuSign Envelope ID: 467BC526-1090-408B-8A1B-D6FF4E18ED32 June 4:30 0 20th 9 P P 19th 20th June June 4:15