The Commissioners approved Ordinance No. 2024-17; An Ordinance Setting Forth Requirements for County Contracts and the review and approval of County Contracts. The ordinance was passed unanimously on first read by all three commissioners, and passed on second and third read in a subsequent meeting by President Stan Klotz and Vice President Mike Burroughs.
The ordinance details Marshall County procedures and practices and sets in writing under executive authority the requirements for contracts and the procedure for the approval of contracts.
The ordinance complies with state code.
Whereas Indiana Code 36-2-2.8 as added to the Indiana Code, sets forth the requirements for terms to be included in contracts executed by the County and
Whereas, IC 36-2-2.9 sets forth a procedure in which County contracts are reviewed and approved by the county executive and thereafter executed on behalf of the County; and
Whereas, IC 36-1-3, the Home Rule Act, provides that a unit may exercise any power it has to the extent that the power is not expressly denied by the Indiana Constitution or by statute and is not expressly granted to another entity and that IC 36-2-2.8 and IC 36-2-2.9 provide statutory provisions setting forth a specific manner for exercising the power and authority of counties to enter into county contracts; and
Whereas, IC 36-1-3-6(c) provides that a county desiring to prescribe a specific manner for exercising a power must do so through an ordinance adopted by the county executive and that the Marshall County Board of Commissioners is the executive of Marshall County;
Now therefore, be it ordained and established by the Board of Commissioners, Marshall County, Indiana, that:
1. The Board of Commissioners of Marshall County hereby adopt the requirements for county contracts as set forth in IC 36-2-2.8 and adopts the manner of review of said county contracts, and approval of the same as set for in IC 36-2-2.9.
2. As used in the Indiana Code and in this Ordinance, “Contract” means a contract for the purchase of: a. Real Property; b. Tangible or intangible personal property; and c. Services (as defined in IC 5-22-2-30).
The terms does not include a contract concerning the issuance of: a. A bond to finance the construction of a public facility; b. A bond or other type of security for the payment of a lease obligation.
3. A “County Officer” means the following: a. Assessor, b. Auditor, c. Coroner, d. Recorder, e. Sheriff, f. Surveyor, g. Treasurer, h. Clerk of the Circuit Court, i. County Fiscal Body.
4. A contract entered into by Marshall County must meet the following requirements: a. The contract must be executed in the name of the County. b. Any property purchases for public use shall be: i. Title to; or ii. Documented as owned by the County.
5. Contractual language to be used in all contracts entered into by the County shall include:
a. Provisions for indemnification; b. Dispute resolution provisions; c. Venue requirements; d. Termination provisions; and e. Notification provisions.
6. If a county officers has a proposed contract; a. That the county officer believes is necessary for the county officer to carry out a constitutional or statutory duty of office; and b. For which funds have been appropriated by the county fiscal body to pay for the contract; The county officer must have the county executive execute the contract after submission of the contract for review in accordance with this ordinance.
7. The county executive may void a contract that a county officer executes without first complying with this ordinance.
8. To initiate a contract review, the county officer must submit the contract to the county commissioners and to the county auditor requesting a review of the proposed contract which includes a copy of the proposed contract. The contract must comply with the requirement for using standard terms required by this ordinance. The county auditor shall date stamp the request and immediately forward copies of the request and contract to the county executive as well as the county attorney.
9. Not later than twenty (20) days after the request is filed with the county auditor; a. The county executive and county attorney shall review the proposed contract; and b. The county executive shall notify the county officer of the results of the review. c. If the county attorney advises the county executive that the contract does not comply with state laws or any applicable public purchasing or bidding laws, the county executive may disapprove the contract and the contract may not be executed. d. The county attorney shall notify the county executive of the results of the review.
10. If a contract is not disapproved under the above section 9 and the county executive finds the contract complies with IC 36-2-2.8 and is otherwise acceptable, the county executive may approve and authorize execution of the contract by the county executive.
11. If the county executive finds the contract does not comply with IC 36-2-2.8, this ordinance, or is otherwise not acceptable for reasons other than those determined above, the county executive must provide the county officer with a written statement described in the subsection below. a. The county executive must provide a written statement as part of the notification of the review results that: i. Explains why the contract is not acceptable; and ii. Provides recommendations, if any, for making the contract acceptable to the county executive.
12. The county executive has a responsibility of notifying the county officer of the results of the review conducted by the county attorney and the county executive.
13. A contract approved by the county executive shall be uploaded by the county auditor to the Indiana Transparency website.
14. This ordinance shall take effect and be in force from and after passage. PASSED AND ADOPTED this 15th day of July, 2024.
