HomeMy WebLinkAboutExecutive Order SF-2024-11 - Rescind JB-2010-3, City Contracts over $20K CITY OF CARMEL, INDIANA
EXECUTIVE ORDER
SF-2024-11
WHEREAS, Indiana Code §36-4-5-3(9) requires the chief executive officer of a
municipality to sign contract on behalf of same, unless otherwise delegated; and
WHEREAS, Indiana Code §36-4-9-12 empowers the Corporation Counsel of a
municipality to manage the municipality's legal affairs and to prepare contracts for all executive
departments of the municipality pursuant to the directive of the municipality's chief executive
officer; and
WHEREAS, under Indiana law, Public Works projects (as defined by Indiana Code §4-
13.6-1-13) and Public Works Contracts (as defined by Indiana Code §4-13.6-1-14) are subject to
a statutory framework for Change Orders (as defined by Indiana Code §36-1-12-18) that
municipalities cannot modify by ordinance or executive order; and
WHEREAS, master contracts, which record in writing the standard terms under which
goods and services are to be provided on an ongoing basis, are an efficient and commonly-used
tool to avoid duplicitous and repetitive contracts and bureaucratic waste; and
WHEREAS,this Order shall apply to all City of Carmel("City")contracts that fall outside
the statutory scope of Public Works Contracts; and
WHEREAS, every effort should be made to ensure that government is transparent, and
that the City's contracts are available to, and accessible by, the public.
NOW,THEREFORE, by virtue of the power and authority granted to me as Mayor of the
City of Carmel,Indiana,I, Sue Finkam,do hereby declare and order that,the prior Executive Order
JB-2010-3 is hereby rescinded, and the following provisions shall be effective on and after March
, 2024:
1. All contracts for goods and services that pertain to Public Works shall continue to be
administered in accordance with Indiana law, including Change Orders to such
contracts.
2. All City contracts that provide for goods and/or services for a term greater than one (1)
year shall be reviewed annually by Corporation Counsel to ensure that they remain
valid and legally appropriate.
3. All City contracts for goods and services ("Goods and Services Contracts") in a total
amount of greater than Twenty Thousand Dollars ($20,000.00) shall be in writing and
in a form approved by Corporation Counsel.
4. All Goods and Services Contracts, within which an initial, specific contract amount is
provided (the "Base Contract Amount"), may authorize additional services
("Additional Services") pursuant thereto. When the cost of such Additional Services
exceeds a combined total of more than twenty percent (20%) of the Base Contract
Amount, a contract amendment ("Additional Services Amendment") shall be agreed
upon by the City and the vendor. The basic terms of the original contract shall apply
to the Additional Services Amendment. Such Additional Services Amendment shall be
ratified by the Board of Public Works and Safety, considered part of the original
contract, and made part of the Board's record.
5. All Additional Services Amendments shall be submitted to the Mayor, or his designee,
for authorization, by the department director requesting such Additional Services
Amendment.
6. All Additional Services Amendments shall be placed with the original contract in the
City Clerk's Office and be considered a Public Record as defined by IC §5-14-3-2.
SO ORDERED THIS 2 DAY OF MARCH, 2024.
Su Fi or
ATTEST:
Jim Crider, Chief of Staff