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Dubois County adopts ordinance standardizing county contract language under new state law

Dubois County Board of Commissioners · July 15, 2024
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Summary

The Dubois County Board of Commissioners unanimously adopted Ordinance 2024-12 on July 15, 2024 to align county contract requirements with House Enrolled Act No. 1158 (I.C. § 36-2-2.8 et seq.), requiring standard clauses including E-Verify, nondiscrimination, termination and indemnification.

The Dubois County Board of Commissioners unanimously adopted Ordinance 2024-12 on July 15, 2024, formalizing required language for county contracts to comply with House Enrolled Act No. 1158 and related Indiana Code provisions.

Commissioner Chad A. Blessinger presented the ordinance and explained it implements contractual requirements tied to I.C. § 36-2-2.8, effective July 1, 2024. The ordinance defines what qualifies as a county contract and which county officers are covered, and requires inclusion of a standard Exhibit A in applicable agreements.

Exhibit A, incorporated into the ordinance, sets out required clauses for county contracts. Key provisions include: enrollment and verification under Indiana’s E-Verify law (I.C. 22-5-1.7 et seq.), a nondiscrimination clause covering protected categories listed in state and federal law, a certification regarding investment activities in Iran where I.C. 5-22-16.5 applies, termination and cure provisions, acknowledgment of potential disclosure under Indiana’s Access to Public Records Act, suspension and debarment certifications, an indemnification clause protecting the county from third-party claims arising from a contractor's performance, a governing-law and venue provision designating Indiana law and courts, and notice provisions for correspondence to the county.

The board voted to adopt the ordinance as presented and carried the motion unanimously. The ordinance states it takes effect upon passage and completion of any other legal requirements provided by law.

The adoption directs county staff and contracting officers to include the Exhibit A language in future county contracts where applicable and to follow the statute-based definitions included in the ordinance.