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(A) The town finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism regarding employment with the town and in contracting with the town in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012 known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.
(B) On July 1, 2012 the town shall have a nepotism and a contracting with a unit policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter “nepotism policy”) and I.C. 36-1-21 (hereinafter “contracting with a unit by a relative policy”) and implementation will begin.
(C) The town nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. A copy of I.C. 36-1-20.2 Nepotism in effect on July 1 is attached hereto and made a part hereof by reference.
(D) The town contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. A copy of the I.C. 36-1-21 Nepotism in effect on July 1 is attached hereto and made a part hereof by reference.
(E) The town finds that both I.C. 36-1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed”.
(F) The town further finds that a single member of the legislative body cannot act for the body regarding work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body and therefore without such authority by the majority such member will not be in the direct line of supervision.
(G) The town finds that a single member of governing bodies with authority over employees in the town cannot act for the governing body regarding work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, and therefore, without such authority by the majority the single member will not be in the direct line of supervision.
(H) All elected and appointed officials and employees of the town are hereby directed to cooperate fully in the implementation of the policies created by this section and demonstrate compliance with these same policies.
(I) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy or contracting with a unit by a relative policy may be subject to action allowed by law.
(J) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with unit by a relative policy is a violation and may result in the discipline, including termination, of an employee or a curative action. An elected or appointed official of the town who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of either the nepotism policy or the contracting with unit by a relative policy may be subject to action allowed by law.
(K) (1) The polices created by this section are hereby directed to be implemented by any of the following actions:
(a) Posting a copy of this section in its entirety in at least one of the locations in the town where it posts employer posters or other notices to its employees;
(b) Providing a copy of this section to its employees and elected and appointed officials;
(c) Providing or posting a notice of the adoption of this section; or
(d) Any such other action or actions that would communicate the polices established by this section to its employees and elected and appointed officials.
(2) Upon taking any of these actions these policies are deemed implemented by the town.
(L) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the office of the Clerk-Treasurer for the town for public inspection as may be required by I.C. 36-1-5-4.
(Ord. 08-2012, passed - -2012)
(A) Officers or employees of the town shall neither solicit nor accept gratuities, favors, or anything of monetary value from consultants, potential consultants, vendors, professionals or parties to subagreements, unless in accordance with this conflict of interest policy. The aforementioned prohibition does not include gratuities, favors, or anything of monetary value under $300 per day. Any financial interest under $300 per day shall be considered not substantial in accordance with the Code of Federal Regulations.
(B) This policy conforms to the standards set forth in the Code of Federal Regulations and by the Indiana Department of Transportation. A CONSULTANT is defined as an individual or firm providing engineering and design related services as a party to a contract with a recipient or subrecipient of federal assistance.
(Ord. 32-2017, passed 11-27-2017)
REVERSE AUCTION PROCEDURES
(A) The purchasing agency is authorized to use a third party to conduct reverse auction on behalf of the town for the purchase of supplies. The purchasing agent is authorized to select the third party that will conduct the reverse auction, who must have prior experience in conducting reverse auctions on behalf of local governments.
(B) The purchasing agent shall obtain a copy of the procedures established by the third party to conduct the reverse auction on behalf of the town and present those procedures to the Council for adoption and inclusion in its applicable procedures prior to participating in a reverse auction conducted by the third party.
(Res. 2007-24, passed 11-12-2007)
(A) Notices.
(1) The Council shall give notice of a reverse auction by:
(a) Publishing notice of the invitation to bid two times, at least one week apart, with the second publication at least seven days before the commencement of the reverse auction in accordance with I.C. 5-22-7-5, and I.C. 5-22-18 and I.C. 5-3-1;
(b) Posting the invitation to bid on the town’s website; and
(c) Of a third party is conducting the reverse auction on behalf of the purchasing agency, by posting, or permitting to have posted, the invitation to bid on the third party’s website.
(2) Note: The Council may also give notice of a reverse auction by electronic mail or faxes.
(B) Solicitations and specifications.
(1) The Council shall transmit solicitations and specifications by:
(a) In accordance with the invitation to bid, identifying a designated location where, during regular business hours, the invitation to bid may be inspected and copied or copies may be obtained;
(b) Making them available on the town’s website or providing information on the website identifying a designated location where, during regular business hours, the invitation to bid may be inspected and copied or copies may be obtained; and
(c) If a third party is conducting the reverse auction on behalf of the purchasing agency, making them available on the third party’s website.
(2) Note: posting the invitation to bid on a website requires compliance with I.C. 5-22-3-4.
(Res. 2007-24, passed 11-12-2007)
(A) All bidders desiring to participate in a reverse auction must be pre-qualified by submitting materials to ensure that they meet the specifications identified by the buyer as to the types of supplies to be offered for purchase no later than 24 hours prior to the time for the commencement of the reverse auction, as provided in the invitation to bid.
(B) The pre-qualification process shall be used to determine whether the bidder is responsible and responsive, as provided in the Act (I.C. 5-22-7.5), whether there is any bidding or purchasing preference or preferences applicable to a particular bidder, and whether the bidder has submitted evidence of financial responsibility, as required by the purchasing agency. In order to assist the Council in pre-qualifying bidders, the bidder must submit, in accordance with the invitation to bid, all documentation and other information relating to the supplies being offered for purchase, except for price, and any other information that may assist the Council in making its determination. Such documentation will include evidence of financial responsibility or a certified check, as specified in the invitation to bid.
(C) In determining whether a bidder is responsible, the purchasing agent may consider the following factors:
(1) The ability and capacity of the bidder to provide the supplies;
(2) The integrity, character and reputation of the bidder; and
(3) The competency and experience of the bidder.
(D) In determining whether a bidder is responsive, a purchasing agent may consider the following factors:
(1) Whether the bidder has submitted information demonstrating that his or her offer for supplies conforms in all material respects to the specifications;
(2) Whether the bidder has submitted documentation that complies specifically with the solicitation and the instructions to bidders; and
(3) Whether the bidder has complied with all applicable statutes, ordinances, resolutions or rules pertaining to the award of a public contract.
(E) The determination that a bidder is not responsive or not responsible must be made in writing.
(F) Pre-qualification of bidders must be done by the purchasing agent or an authorized representative of the purchasing agency in the presence of one or more witnesses and must be completed no later than 24 hours prior to the commencement of the reverse auction bidding period.
(G) The Council shall notify any bidder determined to be not pre-qualified in writing, by facsimile, or electronic mail (as requested by the bidder) and shall exclude the bidder so notified from participation in the reverse auction.
(H) The Council’s determination that a bidder is not pre-qualified is limited to the reverse auction for which the request for pre-qualification was received.
(Res. 2007-24, passed 11-12-2007)
The invitation to bid must include all of the following:
(A) A purchase description;
(B) A statement that bids will be accepted by means of a reverse auction process;
(C) A description of all contractual terms and conditions that apply to the purchase, including the requirement of a noncollusion affirmation by the successful bidder;
(D) The criteria that will be used by the purchasing agency to pre-qualify bidders to determine whether a bidder is responsive and responsible;
(E) The information and other documentation required to be submitted for pre-qualification, including a certified check or other evidence of financial responsibility;
(F) The location and manner in which bidders must submit information for pre-qualification, the deadline for submission of such information, and the deadline by which the Council will determine whether a bidder is pre-qualified;
(G) The location, including any websites, at which the invitation to bid may be inspected and copied or copies may be obtained, including, if a third party is conduction the reverse auction, the procedures to be used by the third party to conduction the reverse auction;
(H) A statement as to whether a third party is conducting the reverse auction on behalf of the town;
(I) A statement that offers submitted by pre-qualified bidders will only be received through the town’s secure website; or if a third party is conducting the reverse auction on behalf of the town, through the third party’s secure website;
(J) The date and time at which the reverse auction bidding period will commence and the approximate length of time for which the reverse auction will be conducted, allowing automatic extensions based upon resulting competitive activity;
(K) The deadline by which pre-qualified bidders must submit an initial price to a secure website for the purposes of establishing a bidder’s participation and initial ranking at the commencement of the reverse auction bidding period;
(L) A statement explaining that the bidding period during which the reverse auction is conducted may be extended based upon competitive activity, at pre-determined periods determined by the purchasing agency;
(M) A statement identifying the circumstances under which the reverse auction may be postponed, paused, rescheduled or cancelled;
(N) The place and approximate time at which, following the close of the bidding period, offers will be reviewed publicly by an authorized representative of the purchasing agency in the presence of one or more witnesses;
(O) A statement that the third party conducting the auction on behalf of the town, will collect a service charge from the successful bidder for its participation in the reverse auction;
(P) The name, address and telephone number of a representative of the purchasing agency who can provide additional information related to the reverse auction;
(Q) If a third party is conducting the auction on behalf of the town, the name, address and telephone number of a representative of the third party who can provide additional information related to the reverse auction, including the mandatory training required of all pre-qualified bidders as a condition of participating in the reverse auction; and
(R) The conditions under which the invitation to bid may be cancelled or postponed in accordance with I.C. 5-22-18-1.
(Res. 2007-24, passed 11-12-2007)
(A) The Council shall receive offers only from bidders who have been pre-qualified, in accordance with the invitation to bid.
(B) If a third party conducts the reverse auction on behalf of the town, all pre-qualified bidders must receive training provided by the third party in order to participate in the reverse auction.
(C) Prior to receiving electronic offers, the Council must find that:
(1) The invitation for bid for the reverse auction indicates the procedure for transmitting the electronic offer; and
(2) The electronic system on which the offer is received has a security feature that protects the content of an electronic offer with the same degree of protection as the content of an offer that is not transmitted by electronic means.
(D) In accordance with the invitation to bid, offers submitted by pre-qualified bidders will only be received:
(1) Through the town’s secure website; or
(2) If a third party is conducting the reverse auction on behalf of the town, through the third party’s secure website.
(Res. 2007-24, passed 11-12-2007)
(A) For each reverse auction, the purchasing agent must establish an initial bidding period during which bidders may submit prices for which the supplies being offered may be purchased. The initial bidding period shall not be less than one hour. The purchasing agent may automatically extend the reverse auction bidding period for additional pre-determined periods based upon competitive activity.
(B) During the bidding period for the reverse auction, information available for public display is limited to the ranking, price and name of bidders of each price bid relative to all other prices bid.
(C) The dollar amounts of the prices bid by bidders shall not be disclosed to the bidders until the close of the bidding period.
(D) All information received, obtained or retained during a reverse auction remains confidential and may not be disclosed until after the close of the reverse auction bidding period.
(Res. 2007-24, passed 11-12-2007)
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