(A) Agreements or contracts are required for services. Agreements/contracts for services are not governed by the Indiana Public Purchasing Statutes nor the Public Works Statutes. The county reserves the right to enter into an agreement with a vendor providing services when it is determined reasonably necessary for the county to do so. The awarding of agreements or contracts for services is not subject to the bidding procedures of the Indiana Public Purchasing Statutes nor the Public Works Statutes. I.C. 5-22-2-30 defines services as: “‘Services’ means the furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance.”
(B) If the agreements or contracts for services are atypical, have not been previously approved (addendums and amendments to previously approved contracts would be considered to be previously approved for this purpose), or are not in the typical county contract form (if one exists for this service) they must be reviewed and approved by the County Attorney prior to or contemporaneously with the Elected Official and/or Department Head providing their recommendation to the Board of Commissioners. Based upon the recommendation provided by the Elected Official and/or Department Head, the Board of Commissioners shall approve or deny the proposed agreement/contract for the purchase of services.
(C) Subject to the provisions set forth herein below addressing emergency purchases, if the need for a service is urgent and cannot be postponed until the next Board of Commissioners meeting, then the Elected Official/Department Head shall be permitted to purchase the service as long as there are available in their budgets, sufficient funds with previously unspent or committed unappropriated fund balances. The Elected Official/Department Head shall report the purchase of the service to the Board of Commissioners at its next public meeting following the emergency purchase.
(D) Any questions, comments, or concerns pertaining to the application, interpretation, or other similar matter for agreements/contracts for services should be directed to the County Attorney.
(Ord. 2022-013, passed 12-28-2022)