§ 35.22 PURCHASING RULES FOR THE TOWN
   (A)   The Town Council shall be the purchasing agent for the town. The purchasing agent shall:
      (1)   Assume the duties, powers and responsibilities assigned to a purchasing agent in I.C. 5-22 and establish small purchasing policies under I.C. 5-22;
      (2)   Act as agent, or appoint a designee as that term is defined in I.C. 5-22, to acquire all materials, supplies, equipment, contractual services and property of whatever description for all town departments, divisions or municipally operated utilities;
      (3)   Establish such purchasing and contractual procedures as may best be suited to obtain the greatest economic value to the town;
      (4)   Prepare specifications and notice to bidders and see that the required notices are published, where bidding and publication of notices are required by law;
      (5)   Cooperate and consult with the Clerk-Treasurer for the purpose of ensuring that adequate funds are available prior to making necessary purchases and acquisitions to assure they are within the limits of the budget appropriations of the department or division in need of the material; and
      (6)   Act as the agent of the town to sell or exchange any personal property ordered to be sold by the Fremont Town Council in accordance with procedures prescribed by law.
   (B)   Upon declaration of any emergency, the purchasing agent or designee may purchase or lease materials and services as may be necessary given the gravity of the situation without giving notice, receiving bids or obtaining Council approval, so long as the procedures outlined in I.C. 5-22 are followed.
   (C)   If a purchase is expected to be less than $50,000, the purchasing agent or designee shall make purchases under the following small purchase policies, subject to the limitations contained in I.C. 5-22.
      (1)   Each department head shall have the discretion to make purchases which are deemed necessary for the efficient operation of their respective departments and which are reasonably expected to be less than $100.
      (2)   For purchases expected to be more than $100 but less than $3,000, each department head shall submit a purchase request to the Clerk-Treasurer. The Police and Fire Departments, as well as the Town Court, may submit a purchase request to the Clerk- Treasurer. The Clerk-Treasurer is hereby granted the authority to approve the requested purchase, in his or her discretion, after giving appropriate consideration to the urgency of the requested purchase and budgetary concerns.
      (3)   For purchases expected to be more than $3,000 but less than $5,000, each department head shall submit a purchase request to the Clerk-Treasurer who will consult with the Town Council President for approval. The purchasing agent or designee shall make the purchase in a manner which is, in the discretion of the purchasing agent or designee, best suited to obtain the greatest economic value to the town.
      (4)   For purchases expected to be more than $5,000 but less than $50,000, each department head shall submit a purchase request to the Town Council as purchasing agent. The purchasing agent or designee shall make the purchase in a manner which is, in the discretion of the purchasing agent or designee, best suited to obtain the greatest economic value to the town.
      (5)   Nothing in this section shall limit the ability of each department head to make recurring purchases of regular supplies and materials vital for the continuing operation of their respective departments and which have previously been granted approval by the purchasing agent or designee.
   (D)   If the purchasing agent or designee expects a purchase to be at least $50,000 but not more than $150,000:
      (1)   The purchasing agent may purchase supplies by inviting quotes from at least three persons known to deal in the lines or classes of supplies to be purchased;
      (2)   The purchasing agent shall mail an invitation to quote to such persons at least 7 days before the time fixed for receiving quotes;
      (3)   If the purchasing agent receives a satisfactory quote, the purchasing agent shall award a contract to the lowest responsible and responsible offeror for each line or class of supplies required;
      (4)   The purchasing agent may reject all quotes; and
      (5)   If the Purchasing Agent does not receive a quote from a responsible and responsible offeror, the purchasing agent may purchase the supplies under I.C. 5-22-10-10.   
(Ord. 2004-04, passed 4-12-2004; Am. Ord. 2016-08, passed 9-20-2016)