The procedures set forth in this provision apply to emergency conditions other than, and in addition to, those described in I.C. 5-22-10-4(a).
(A) (1) Emergency. For purposes of this provision, an emergency exists when a Purchasing Agent, in the exercise of good faith and reasonable subjective judgment, determines that a purchase is necessary in order to:
(a) Avoid damage to, or substantial risk of destruction of, county property; and/or
(b) Avoid the shutting down or cessation of work on a county project or process; and/or
(c) Avoid a substantial interruption in the provision of essential governmental services to the county's citizens; and/or
(d) Obtain an economic or scheduling advantage for a planned county project by taking advantage of unique and unforeseen circumstances that can reasonably be expected by the Purchasing Agent to allow the project to be completed at a lesser cost or in a more expedient or timely manner than would have been the case but for the intervention of the unforeseen circumstances.
(2) The above listed examples of an "emergency" are intended as illustrative and not an exhaustive list.
(B) Emergency purchase. A purchase of supplies made pursuant to this provision and deemed necessary by the Purchasing Agent to alleviate or mitigate the effects of the particular emergency.
(C) Application of provision. This emergency purchasing provision may be used when a Purchasing Agent determines (i) the existence of an emergency; (ii) the required purchase is not reasonably expected to exceed $50,000 in total costs; (iii) prior approval of the Board of Commissioners would have otherwise been required to make the purchase according to the provisions of this Purchasing Policy; (iv) and the Purchasing Agent reasonably determines that the emergency conditions or circumstances would be unreasonably aggravated or worsened if the Purchasing Agent were to wait until the next regularly scheduled meeting of the Board of Commissioners to obtain its approval of the purchase.
(D) Contact with a Commissioner. In such circumstances as described above, the Purchasing Agent shall attempt to contact the president of the Board of Commissioners. If the president is not available or cannot be readily contacted, then the Purchasing Agent shall contact either of the other two Commissioners; explain the nature of the emergency; and identify the supplies that need to be purchased. If the contacted Commissioner approves the emergency purchase, then the Purchasing Agent may proceed with the purchase; PROVIDED ALWAYS that the Purchasing Agent has an unexpended and unencumbered appropriation balance within the Purchasing Agent's office/departmental budget. If the contacted Commissioner does not approve the Emergency Purchase, the Purchasing Agent shall not attempt further contact with either of the two Commissioners who were not contacted.
(E) Method of making purchase. The Purchasing Agent may contact a vendor, supplier, or other such source that customarily offers for sale the types of supplies required to be purchased. Written quotes need not be obtained, nor must the Purchasing Agent contact more than one such vendor or supplier. If time and circumstances allow, the Purchasing Agent shall seek to obtain price and delivery quotes from two such vendors, but the failure to do so shall not impair the validity of the purchase and if more than one quote is obtained, the Purchasing Agent shall not be required to accept the lower price, but the Purchasing Agent may accept a higher priced quote based upon factors such as delivery of the supplies and/or quality considerations. The Purchasing Agent shall document the details of the contact(s) that are made to procure the emergency purchase, but the Purchasing Agent shall not have to retain those notes after the emergency purchase is presented to the Board of Commissioners and duly entered in the minutes of the Commissioners' public meeting.
(F) Appearance at next meeting of Board of Commissioners. The Purchasing Agent shall appear at the next regular public meeting of the Board of Commissioners to explain the circumstances giving rise to the emergency purchase. The details of the emergency purchase shall be reflected in the minutes of that Commissioners' meeting. The Board of Commissioners may, but shall not be required to, ratify the emergency purchase and the actions of the Purchasing Agent.
(Ord. 2022-013, passed 12-28-2022)