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§ 33.19 USE OF REQUEST FOR PROPOSAL FOR PURCHASES OF DESIGNATED TYPES OF SUPPLIES.
   The purchasing agent determines that:
   (A)   It is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding; and
   (B)   Receiving proposals is the preferred method for purchasing the following types of supplies:
      (1)   Asphalt;
      (2)   Salt; and
      (3)   Gravel.
(2005 Code, Ch. 25, II, § 5) (Ord. 1998-7, passed 7-6-1998)
§ 33.20 MODIFICATION AND TERMINATION OF CONTRACTS.
   (A)   Price adjustments. The purchasing agent may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included.
      (1)   Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible.
      (2)   Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon.
      (3)   Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon.
      (4)   Price adjustments must be computed in such other manner as the contracting parties may mutually agree upon.
      (5)   In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.
   (B)   Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
   (C)   Unilateral rights of the Purchasing Agency. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the Purchasing Agency to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
   (D)   Quantity variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(2005 Code, Ch. 25, II, § 6) (Ord. 1998-7, passed 7-6-1998)
§ 33.21 PURCHASE OF SERVICES.
   (A)   The Purchasing Agency determines that each purchasing agent may purchase services except for the services of attorneys in whatever manner the purchaser determines to be reasonable.
   (B)   The Purchasing Agency may not require any agency, department or office to purchase services in any particular manner.
(2005 Code, Ch. 25, II, § 7) (Ord. 1998-7, passed 7-6-1998)
§ 33.22 SMALL BUSINESS SET-ASIDE PURCHASE.
   (A)   The Purchasing Agency hereby determines to establish criteria for determining qualifications as a small business and to identify specific supplies for small business set-aside purchases.
   (B)   A business qualifies as a small business if it qualifies as a small business under standards established by the State Department of Commerce.
   (C)   Businesses that are not small businesses:
      (1)   A wholesale business, if its average annual sales for its most recently completed fiscal year exceeds $4,000,000;
      (2)   A construction business, if its average annual receipts for the preceding three fiscal years exceeds $4,000,000;
      (3)   A retail business or business selling services, if its annual sales and receipts exceed $500,000; and
      (4)   A manufacturing business, if it employs more than 100 persons.
(2005 Code, Ch. 25, II, § 8) (Ord. 1998-7, passed 7-6-1998; Ord. 1998-8, passed 7-6-1998)
§ 33.23 INDIANA BUSINESS PREFERENCE.
   An offeror is an “Indiana business” if it is owned or operated in the State of Indiana.
(2005 Code, Ch. 25, II, § 9) (Ord. 1998-7, passed 7-6-1998)
§ 33.24 PURCHASE OF SUPPLIES MANUFACTURED IN THE UNITED STATES.
   Supplies manufactured in the United States shall be specified for all county purchases and shall be purchased unless the county determines that:
   (A)   The supplies are not manufactured in the United States in reasonable available quantities;
   (B)   The prices of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured elsewhere;
   (C)   The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or
   (D)   The purchase of supplies manufactured in the United States is not in the public interest.
(2005 Code, Ch. 25, II, § 10) (Ord. 1998-7, passed 7-6-1998)
§ 33.25 CREDIT CARD PURCHASING POLICY.
   (A)   The Town Council hereby approves of the continuing existence and use of the current credit card account, including the payment of any necessary annual fees. However, no purchases shall be made using any credit card for any item(s) that exceed a cost of $5,000 without the express prior approval of the Town Council.
   (B)   All credit cards issued in the name of the Town of Walkerton shall be kept, maintained and in the possession of the Town Clerk-Treasurer.
   (C)   The credit cards shall only be used when necessary, in the judgment of the Clerk-Treasurer, for the efficient and expedient purchase of supplies and materials for the ownership, use and benefit of the Town.
   (D)   (1)   Any and all Town employees needing to use a credit card as described above shall present to their supervisor a request specifying the item(s) to be purchased, the identity of the merchant, the cost of the item(s) and the Town fund that should be charged.
      (2)   If approved by the supervisor, the request shall be presented to the Clerk-Treasurer for final approval. Once approved, the employee shall sign out a credit card for the approved purchase, writing down the date and time that the credit card was taken.
      (3)   After the purchase, the credit card shall be returned immediately to the Clerk-Treasurer, and the employee shall write down the date and time of the return of the credit card.
      (4)   Upon return, the employee shall also deliver to the Clerk-Treasurer a written or printed receipt for the item(s) purchased.
      (5)   The Clerk-Treasurer shall maintain a log or accounting of all approved written requests, dates and times of sign out and return, and will provide receipts for items purchased to the Accounts Payable Clerk.
   (E)   Any employee using a Town credit card in violation of the above policy shall be responsible for reimbursing the Town for any and all amounts charged on the credit cards, and shall further be subject to discipline pursuant to the Town of Walkerton Town Employee Rules, Regulations and Benefits.
(Ord. 2016-1, passed - -2016)
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