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Sec. 2-41.  Purchasing policies.
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(a) The Town Council (the "purchasing agency") is hereby established as the purchasing agency for the Town.

(b) The purchasing agency shall have all the powers and duties authorized under Indiana Code 5-22, as may be supplemented from time to time by ordinances adopted by the Town Council and policies adopted by the purchasing agency.

(c) The purchasing agency shall act as the purchasing agency for every agency, board, office, branch, bureau, commission, council, department, or other establishment of the Town.

(d) The clerk-treasurer of the Town shall be the purchasing agent of the purchasing agency.

(e) The purchasing agent shall assume the duties, powers, and responsibilities assigned to a purchasing agent and to a disposing agent as set out in Indiana Code 5-22.

(f) Supplies manufactured in the United States shall be specified for all purchases and shall be purchased unless the purchasing agent determines that:

(1) The supplies are not manufactured in the United States in reasonable available quantities:

(2) The prices of the supplies manufactured in the United States exceed by an unreasonable amount the price of available and comparable supplies manufactured elsewhere.

(3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or

(4) The purchase of supplies manufactured in the United States is not in the public interest.

(g) Purchase requirements may not be artificially divided so as to constitute a small purchase under the public purchasing act.

(h) The Town shall purchase from the department of correction supplies and services produced or manufactured by the department as listed in the department's printed catalog unless the supplies and services cannot be furnished in a timely manner.

(i) The Town shall purchase articles produced by the rehabilitation center under the same conditions as articles produced by the department of correction as aforesaid, unless similar articles are produced by the Town.

(j) All purchases of materials and equipment shall be undertaken by a purchase order. (Purchase order shall be by use of the state board of accounts form).

(k) The Town may utilize the request for proposals process found at Indiana Code 5-22-9 when the purchasing agent makes a written determination that the use of competitive sealed bidding is either not practicable or not advantageous to the Town. All other requirements of the statute with regard to the request for proposals process shall be followed.

(l) This section shall control when purchases by the Town are less than one hundred fifty thousand dollars ($150,000.00).

(1) In the event that the public purchase does not exceed the sum of one thousand five hundred dollars ($1,500.00), the responsible Town department head, or designee, shall be entitled to make the purchase at his/her discretion, and no quotes shall be required.

(2) In the event that the public purchase constitutes a purchase between one thousand five hundred dollars ($1,500.00), but does not exceed the amount of four thousand dollars ($4,000.00), the responsible Town department head, or designee, including the Town Manager, shall complete the request for purchase form attached hereto and made a part hereof as Exhibit "A," and shall submit the same to the St. John Town Manager for approval. Thereafter, the Town Manager shall approve or deny the request, and if approved, the request shall be transmitted to the Town Clerk-Treasurer who will then issue a purchase order for the same.

(3) In the event that the public purchase constitutes a purchase between four thousand dollars ($4,000.00), but does not exceed one hundred fifty thousand dollars ($150,000.00), the responsible Town department head, with the Town Manager, shall complete the request for purchase form referred to in subsection (l)(2) above. The Town Manager shall then obtain the signature approval of at least three (3) Town Council members upon the request for purchase form. The Town Council may, at its discretion, invite three (3) quotes from persons or entities known to deal in the lines or classes of items to be purchased. In the event the Town Council determines that solicitation of quotes is appropriate and required, then the Town Council, or its designee, shall provide notice for such quotes to be submitted at least seven (7) days before the date and time fixed for received quotes. After the quotes are received and opened, negotiations may be conducted between the Town Council and the bidders submitting quotes. Quotes shall be opened so as to avoid disclosure of contents to competing bidders during the negotiation process. In the event the Town Council receives and/or negotiates a satisfactory purchase price from a submitted bid quote, then it may approve the purchase at such purchase price and execute or sign the request for purchase form. The Town Council may determine that the request for purchase from the responsible department head and Town Manager, or the quotes submitted, are unacceptable, and may, in its sole discretion, reject either the request for purchase, or the submitted quotes. If approved, and a request for purchase form is signed by three (3) or more Town Council members, the request for purchase form so executed shall be transmitted to the Town Clerk-Treasurer who will then issue a purchase order for the same. The Town Council may specifically utilize, at its discretion and direction, the request for proposals process found at IC 5-22-9, as amended from time to time.

a. Purchases less than twenty thousand dollars ($20,000.00). The purchasing agent may determine to not require evidence of financial responsibility. In the event that evidence of financial responsibility is required, the solicitation or invitation must indicate what kind of evidence will be acceptable. In the event that a bond or certified check is required, it may not exceed ten (10) percent of the estimated cost of the purchase.

b. Purchases between twenty thousand dollars ($20,000.00) and one hundred fifty thousand dollars ($150,000.00). A solicitation or invitation to submit a quote hereunder may include a requirement that an offeror provide evidence of financial responsibility. In the event that evidence of financial responsibility is required, the solicitation or invitation must indicate what kind of evidence that will be acceptable. In the event that a bond or certified check is required, it may not exceed ten (10) percent of the estimated cost of the purchase.

(m) For all public purchases greater than seventy-five thousand dollars ($75,000.00), the competitive bidding process shall be utilized pursuant to Indiana Code 5-22-7 or the request for proposals process found at Indiana Code 5-22-9. Nothing in the foregoing, however, shall prohibit the Town Council from utilizing the special purchasing methods found at Indiana Code 5-22-10.

(n) The purchasing policies of the Town regarding publication of notices, receiving offers, and evidence of financial responsibility shall be as set forth on Exhibit A, attached to Ord. No. 1077. Exhibit A is not set out herein, but is on file and available for inspection in the office of the Town clerk.

(o) Upon declaration of an emergency, the purchasing agent may purchase repairs and purchase or lease materials without giving notice, receiving bids, or obtaining Town Council approval, so long as the procedures outlined in Indiana Code 36-1-9-11 are followed.

(p) Any purchase made in violation of this section of the purchasing procedures established by the purchasing agency shall be null and void.

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