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Home My WebLink AboutP-2022-001 Rescinding Purchasing Rules Manual and Establishing Purchasing Policy RESOLUTION NO. P – 2022 – 001 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION RESCINDING THE PURCHASING RULES MANUAL AND ESTABLISHING A PURCHASING POLICY The Carmel/Clay Board of Parks and Recreation (the “Board”) met at a duly called and authorized meeting of the Board held on the date set forth below, such meeting being called pursuant to a notice stating the time, place and purpose of the meeting received by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the meeting, which constituted a legal quorum of the Board. WHEREAS, Ind. Code 5-22-1 et seq., (the “Public Purchasing Law”), applies to every expenditure of public funds by a governmental body for services and supplies; and WHEREAS, Ind. Code 36-1-12 et seq., (the “Public Works Law”), applies to all public work performed or contracted for by political subdivisions and their respective agencies, regardless of whether said work is performed on property owned or leased by the political subdivision or agency; and WHEREAS, the Board is a governmental body and Purchasing Agency as defined by the Public Purchasing Law; and WHEREAS, the Board has previously established certain rules and policies for the Board and its Department; and WHEREAS, the Board has determined that it is in the best interests of Carmel Clay Parks & Recreation and the Carmel/Clay Community to amend and restate its purchasing rules and policies pursuant to recent changes in Indiana Statutes. NOW, THEREFORE, BE IT RESOLVED by the Carmel/Clay Board of Parks and Recreation, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Carmel/Clay Board of Parks and Recreation Purchasing Rules Manual is hereby repealed and replaced with the “Carmel/Clay Board of Parks and Recreation Purchasing Policy,” as set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Section 3. This Resolution shall be effective beginning on January 1, 2023. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation this 13th day of December, 2022. CARMEL/CLAY BOARD OF PARKS AND RECREATION Richard F. Taylor III, President X Aye Nay Jenn Kristunas, Vice-President X Aye Nay Lin Zheng, Treasurer X Aye Nay Linus Rude, Secretary X Aye Nay Dr. Jessica Beer X Aye Nay James D. Garretson X Aye Nay Louise Jackson Aye Nay Joshua A. Kirsh Aye Nay Mark Westermeier X Aye Nay CERTIFICATION I certify under the penalties of perjury that the foregoing members of the Carmel/Clay Board of Parks and Recreation voted as indicated above at a public meeting on December 13, 2022. Richard F. Taylor III, President ABSENT ABSENT DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 EXHIBIT – A DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy ADOPTED December 13, 2022 Resolution No. P-2022-001 EFFECTIVE January 1, 2023 DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Table of Contents SECTION 1. PURPOSE AND SCOPE .................................................................................................. 5 A) INTRODUCTION. ................................................................................................................. 5 B) PURCHASING RULES. ......................................................................................................... 5 C) OVERRIDING LAW. ............................................................................................................ 5 D) EMPLOYEE RESPONSIBILITIES. .......................................................................................... 5 SECTION 2. DEFINITIONS ............................................................................................................... 6 SECTION 3. LEGAL FOUNDATION .................................................................................................. 9 A) PUBLIC PURCHASING LAW (IND. CODE 5-22) .................................................................... 9 B) PUBLIC WORK PROJECTS LAW (IND. CODE 36-1-12) ...................................................... 10 SECTION 4. GENERAL REQUIREMENTS FOR PUBLIC PURCHASING ........................................... 10 SECTION 5. SPECIFICATIONS ....................................................................................................... 11 SECTION 6. PURCHASE OF SERVICES .......................................................................................... 11 SECTION 7. PURCHASE OF SUPPLIES UP TO $150,000 (SMALL PURCHASES) ............................. 12 A) PURCHASES OF LESS THAN $250 ...................................................................................... 12 B) PURCHASES GREATER THAN $250.01 BUT LESS THAN $1,000 .......................................... 12 C) PURCHASES GREATER THAN $1,000.01 BUT LESS THAN $10,000 ..................................... 12 D) PURCHASES GREATER THAN $10,000.01 BUT LESS THAN $49,999 ................................... 13 E) PURCHASES GREATER THAN $50,000 BUT LESS THAN $150,000 ...................................... 14 SECTION 8. PURCHASES GREATER THAN $150,000 ..................................................................... 14 A) REQUEST FOR PROPOSALS OR INVITATION FOR BIDS. ...................................................... 14 B) BID OR PROPOSAL ERRORS. ............................................................................................. 15 SECTION 9. PUBLIC WORKS PROJECTS ...................................................................................... 15 A) PUBLIC WORKS CONSTRUCTION FOR PROJECTS ESTIMATED BELOW $50,000 .................. 15 B) PUBLIC WORKS CONSTRUCTION FOR PROJECTS ESTIMATED FROM $50,000 TO $150,000 16 C) PUBLIC WORKS CONSTRUCTION GREATER THAN $150,000............................................. 16 D) PUBLIC WORK UNDER $250,000 USING CCPR WORKFORCES ......................................... 19 E) OTHER METHODS FOR PUBLIC WORK. ............................................................................ 20 SECTION 10. ONLINE REVERSE AUCTIONS ................................................................................. 20 SECTION 11. SPECIAL PURCHASING METHODS .......................................................................... 20 A) OTHER PURCHASING METHODS. ..................................................................................... 20 B) CONSIDERATION FOR COMPETITION. ............................................................................... 21 C) EMERGENCY PURCHASING AUTHORITY .......................................................................... 21 SECTION 12. MISCELLANEOUS PROVISIONS ............................................................................... 21 A) EXPLICIT AUTHORIZATION FOR PURCHASING AGENT. .................................................... 21 B) ELECTRONIC TRANSMISSION OF NOTICES OR OTHER MATERIALS................................... 22 DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 3 C) ELECTRONIC RECEPTION OF OFFERS. .............................................................................. 22 D) RECORDS RETENTION. ..................................................................................................... 22 E) PURCHASE OF SUPPLIES MANUFACTURED IN THE UNITED STATES. ................................ 22 F) PURCHASE OF SUPPLIES FROM THE DEPARTMENT OF CORRECTION. ................................ 23 G) PURCHASING OF SUPPLIES FROM A REHABILITATION CENTER. ....................................... 23 H) PURCHASE OF COAL FOR FUEL. ....................................................................................... 23 I) PURCHASE OF SUPPLIES PRODUCED WITH FORCED LABOR. ................................................ 23 J) PURCHASE OF STEEL MANUFACTURED IN THE UNITED STATES. ..................................... 23 K) AMENDMENT. .................................................................................................................. 24 SECTION 13. FAILURE TO COMPLY WITH THIS POLICY ............................................................. 24 DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy DOCUMENT INFORMATION i. Document Location This is a policy adopted by the Carmel/Clay Board of Parks and Recreation; and is amended from time-to-time as determined necessary by the Board. Prior to referencing this document, the reader should confirm the last revision date to ensure they are referring to the most recent version. ii. Revision History Revision No. Revision Date Summary of Changes Adopting Resolution 1 04/12/2005 Original 4-12-05-01 2 01/23/2007 Text changes, unknown 1-23-07-02 3 08/14/2007 Text changes, unknown 8-14-07-01 4 06/23/2009 Text changes, unknown 6-23-09-02 5 09/18/2010 Text changes, unknown 9-18-10 6 07/14/2020 Added Emergency Spending Authority No Resolution; Adopted by motion 07/14/2020 6 11/01/2022 Context and formatting changes; adding Legal Foundation, Definitions and Public Works Projects sections, and general updates to comply with Indiana Code. P-2022-001, Adopted 12/13/2022 iii. Approvals Revisions to document require a positive recommendation from the Director of Parks & Recreation/CEO, and adoption by the Board of Parks and Recreation. iv. Distribution Revisions to document will be distributed to:  Assistant Director of Parks & Recreation/COO  Division Directors  Purchasing Administrator  Share-Drive DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 5 SECTION 1. PURPOSE AND SCOPE A) INTRODUCTION. This Purchasing Policy (the “Policy”) has been developed by the Carmel/Clay Board of Parks and Recreation (the “Board”) to implement the requirements of Indiana’s Public Purchasing Law (Ind. Code 5-22, et seq.) and Public Work Projects Law (Ind. Code 36-1- 12, et seq.) and to establish a system of internal controls related to purchasing, procurement, and acquisition of goods and services, and the execution of public work. B) PURCHASING RULES. This Policy should be used by Carmel Clay Parks & Recreation (“CCPR”) and its respective executives, directors, and employees when making purchases of services, supplies and public work on behalf of the Board. C) OVERRIDING LAW. To the extent there may be a conflict between this Policy and the Public Purchasing Law or the Public Work Projects Law, the Law shall control. D) EMPLOYEE RESPONSIBILITIES. Employees required to prepare, process, and/or review purchase requests have an important responsibility to abide by the laws of the State of Indiana and the policies of the Board. An employee may be required to file a conflict-of-interest statement if he/she or anyone within his/her family does business with the Board. Employees shall notify the Assistant Director of Parks and Recreation/COO of any possible conflicts of interest that may arise during their employment with the Department. Employees have a responsibility to present a professional image to the public, our visitors, members, and vendors. Employees are required to be familiar with the continually changing rules and regulations of the purchasing process, as well as stay abreast of the availability of the products and services which can best meet the needs of the Department. CCPR employees are in a highly visible position requiring the highest standards of professional ethics. Employees concerned about a possible conflict of interest should consult the Ethics Policy or the Assistant Director of Parks and Recreation/COO for guidance. All employees involved in the procurement of goods and/or services for Carmel Clay Parks & Recreation are responsible for serving the best interests of the public by executing their work in a cost-effective and timely manner, ensuring that public funds are wisely spent. Doing so requires: 1) Understanding the Public Purchasing Law, as set forth in Article 22 of Title 5 of the Indiana Code (Ind. Code 5-22) and Article 1, Chapter 12 of Title 36 of the Indiana Code (Ind. Code 36-1-12), et seq.; DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 6 2) Understanding the policies set forth by the Carmel/Clay Board of Parks and Recreation related to purchasing and procurement; 3) Establishing procedures and processes that implement the policies of the Board; and 4) Maintaining the highest levels of professional objectivity and personal integrity while carrying out these duties. SECTION 2. DEFINITIONS The following definitions apply to all public purchases made in accordance with this Policy. Any terms not specifically defined below shall have the same meaning as provided in the Public Purchasing Law and the Public Work Projects Law. “Bidder” – Means any person or company who responds to a request for quotes, invitation to bid, request for purchase, or any other solicitation for the procurement of public works, goods/supplies or services, issued by the Department. “Board” – Refers to the Carmel/Clay Board of Parks and Recreation, the policy-setting and legislative authority for Carmel Clay Parks & Recreation. “Department” – Refers to the Carmel/Clay Department of Parks and Recreation, also known as Carmel Clay Parks & Recreation or CCPR. “Deputy Purchasing Agent(s)” – Those individuals who have been designated as such and approved in writing by the Purchasing Agent under the authority of Board Resolution No. 04-12-05-01, adopted April 12, 2005, or such individuals as may be appointed by future Board resolutions. “Director” – Refers to the Director of Parks and Recreation/Chief Executive Officer. “E-Verify” – Refers to the federal government’s web-based program that is used to check an individual’s immigration status and to verify citizenship of all new hires. “Emergency” – A threat to public health, welfare, or safety and/or to unforeseen combination of circumstances or the resulting state that calls for immediate action, an urgent need for assistance or relief and includes but is not limited to: a) an epidemic or pandemic affecting the Indianapolis, Indiana metropolitan area and/or Hamilton County, Indiana b) state of disaster emergency as declared by the Governor of the State of Indiana that affects the Carmel, Indiana area c) emergency declared by the Mayor of the City of Carmel, Indiana; d) a weather-related or natural event such as an earthquake, tornado, blizzard, or lightning-sparked fire; DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 7 e) an act, or credible threat, of violence, or any set of circumstances which threaten the health, welfare or safety of employees, the public, property and/or facilities that are managed, owned or used by the Department or Board which, if not immediately addressed, will likely result in greater destruction and/or costlier resolution in subsequent expenditures or the loss of substantive revenue. “Fiscal Body” – The Common Council of the City of Carmel, Indiana, (the “Council”) and the Township Board of Clay Township of Hamilton County, Indiana (the “Township”). “Indiana Archives and Records Administration (IARA)” – Refers to the state agency responsible for assisting State and local governments in the cost-effective, efficient and secure management of governmental records. “Invitation for Bid (IFB)” – Means all documents, whether attached or incorporated by reference, used for soliciting bids. (IC 5-22-2-14) “Invitation for Quote (IFQ)” – Slightly less formal or lengthy than an IFB, this purchasing method includes all documents, whether attached or incorporated by reference, used for soliciting quotes from qualified, persons, firms, entities and/or organizations. “Offer” – A response to a solicitation. This term includes a bid, proposal and quote. (IC 5-22-2-17) “Offeror” – See “Bidder.” “Policy” – Refers to this Purchasing Policy, which is the Board’s written statement of purchasing procedures, that does not have the force and effect of law, as adopted and amended by the Board from time to time. (IC 5-22-2-21) “Public Funds” – Means money derived from the revenue sources of the governmental body and deposited into the general or a special fund of the governmental body. t does not include either money received by any person managing or operating a public facility under an authorized operating agreement under IC 5-23 or proceeds of bonds payable exclusively by a private entity. (IC 5-22-2-23) “Public Work” – Means the construction, reconstruction, alteration, or renovation of a public building or other structure that is paid for out of a public fund or out of a special assessment. The term includes the construction, alteration, or repair of a highway, street, alley, bridge, sewer, drain, or other improvement that is paid for out of a public fund or out of a special assessment. The term also includes any public work leased by the Department under a lease containing an option to purchase. (IC 36-1-12-2) “Purchase” – Includes buy, procure, rent, lease, or otherwise acquire. The term includes the following activities: 1) Description of requirements, 2) Solicitation or selection of DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 8 sources, 3) Preparation and award of contract, 4) All phases of contract administration, and 5) All functions that pertain to purchasing. (IC 5-22-2-24) “Purchasing Agency” – Means the Board, as the governing body, which is authorized to enter into contracts pursuant to Ind. Code 5-22, et seq., or by another law. (IC 5-22-2-25) “Purchasing Agent” - The Director of Parks and Recreation, who is authorized by the Board to act as an agent for the purchasing agency in the administration of the duties of the purchasing agency. (IC 5-22-2-26) “Request for Proposal (RFP)” – Means all documents, whether attached or incorporated by reference, used for soliciting proposals. “Responsible” – In determining whether a bidder is a responsible bidder, one may consider the following factors: the ability and capacity of the bidder to perform the work; together with the integrity, character, reputation, competence and experience of the bidder. “Responsive” – Describes a vendor who has submitted a bid which conforms in all material respects to Plans and Specifications, whether the bidder has submitted a bid that complies specifically with the invitation to bid, and whether the bidder has complied with all applicable statutes, ordinances, resolutions or rules pertaining to the award of a public contract. “Rule” – A resolution or other procedure by which the Board is authorized by law to adopt a policy that has the force and effect of law. (IC 5-22-2-29) “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. (IC 5-22-2-30) “Solicitation” – Means the procedure by which the Board invites persons to submit an offer to enter into a contract for the purchase or sale of supplies or services. The term includes an invitation for bids, a request for proposals and a request for quotes. (IC 5-22- 2-32) “Specification” – Means a description of the physical or functional characteristics of a supply or service or the nature of the supply or service. The term includes a description of any requirement for inspecting, testing or preparing a supply or service for delivery. (IC 5-22-2-35) “Steel Products” – Means product rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two (2) or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process. (IC 5-16-8-1) DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 9 “Supplies” – Means any property. The term includes equipment, goods and materials. The term does not include an interest in real property. (IC 5-22-2-38) “United States” – Refers to the United States of American. The Term includes all territory, continental or insular, subject to the jurisdiction of the United States. (IC 5-16- 8-1) SECTION 3. LEGAL FOUNDATION To ensure that public funds are used in the most efficient manner while promoting fair competition for governmental contracts, the General Assembly of the State of Indiana has passed statutes which govern the public purchasing process. Additional legal requirements are provided by the City of Carmel and Clay Township through the adoption of ordinances and resolutions to further achieve better purchasing standards. A) PUBLIC PURCHASING LAW (IND. CODE 5-22) Applies to every expenditure of public funds for the city and county except public- private agreements and public works construction. 1) Requires public bids for purchase of goods equal to or greater than $150,000. 2) Requires written quotes for purchase of goods equal to or greater than $50,000. 3) Requires purchase of supplies from the Department of Correction or from a Rehabilitation Center unless: a) Items cannot be furnished in a timely manner; b) Items do not meet Specifications; c) Items are not offered at a fair market price. 4) Requires supplies manufactured in the United States be specified and purchased unless: a) Supplies are not manufactured in the United States in reasonable quantities; or b) Price exceeds by reasonable amount those manufactured outside the United States; or c) Quantity is substantially less than the comparably priced available supplies in the United States; or d) Purchase of supplies manufactured in the United States is not in the public interest. 5) Prohibits entering into a cost plus a percentage of cost contract. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 10 6) Limits initial term of contracts for the purchase of supplies to four (4) years. 7) Contract renewals must be for a like or lessor term of the original contract and at the same pricing. 8) Establishes a method for special procurement for emergency conditions, sole source contracts and other specific situations. a) Requires approval of the purchasing agent (Administrator of Purchasing). b) Must be made with as much competition as practicable under the circumstances. c) Requires a separate file to be maintained by the purchasing agent. d) File is subject to annual audit by state board of accounts. B) PUBLIC WORK PROJECTS LAW (IND. CODE 36-1-12) Applies to public works contracts entered into after: 1) The Board may use its own workforce if the cost of the project is less than $150,000 and if employees are capable of performing the construction. 2) Requires any project at $150,000 and over to be competed by sealed public bid. 3) Requires any project estimated between $50,000 and $150,000 to be competed by sealed written quote. 4) Projects estimated to cost less than $50,000 are to be competed through the informal quote process. 5) Bid, Payment and Performance bonds are required for projects estimated over $200,000, but may be required for projects estimated under $200,000. 6) Projects over $100,000 require vendor to provide a financial statement. 7) Must award to the lowest responsive and responsible vendor or reject all bids. 8) Bid award requires Board approval. 9) Public works on a building for over $100,000 must be approved by a licensed architect or Engineer. SECTION 4. GENERAL REQUIREMENTS FOR PUBLIC PURCHASING Certain requirements apply to the purchases of supplies and services: A) A contract for the purchase of supplies may not be for a term of more than four (4) years, although it may be renewed for successive terms. B) Specifications are required for every purchase, regardless of cost. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 11 C) Purchases may not be “artificially” divided to avoid the applicable purchasing thresholds. D) Each purchase, unless otherwise specified, must be accompanied by a Purchase Order. E) The Department must have a sufficient appropriation or fund balance before issuing a purchase order or executing a contract for a purchase. F) Contracts, generally, must be awarded to the lowest Responsible and Responsive Bidder. G) The lowest bid/quote/offer MUST be rejected if the Bidder is not Responsive or Responsible. H) E-Verify Program. Pursuant to Ind. Code 22-5-1.7 et seq., all written public contracts for services with a contractor (including purchasing) must include an acknowledgment and certification by the contractor that it must comply with Indiana’s E-Verify Program, whether incorporated into the contract or attached as an affidavit. I) No Investment Activities in Iran. Pursuant to Ind. Code 5-22-16.5 et seq., all written public contracts for services with a contractor (including purchasing) must include an acknowledgement and certification that the Contractor is not engaged in investment activities with the government of Iran. SECTION 5. SPECIFICATIONS The Purchasing Agent shall prepare, issue, revise, maintain, and monitor the use of Specifications to promote overall economy for the purposes intended and encourage competition in satisfying the Board’s needs. An indexed file of Specifications shall be maintained. If the Purchasing Agent makes a written determination that the development of Specifications by the Board is not feasible, the Purchasing Agent may engage a person(s) to prepare Specifications consistent with the Public Purchasing Law. SECTION 6. PURCHASE OF SERVICES The purchasing procedures set forth in this Policy may be used when purchasing Services. However, Services may also be purchased using any purchasing procedure deemed appropriate by a Deputy Purchasing Agent, with the prior written approval of the Purchasing Agent up to the maximum purchasing threshold set forth in Section 12, Paragraph A, herein, for Services purchased in part or solely with appropriated funds from any other Board fund(s) created or made available to, the Board. Purchases estimated to cost in excess of the purchasing authority of the Purchasing Agent require the prior approval of the Board, except in the case of an Emergency, as defined herein above. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 12 SECTION 7. PURCHASE OF SUPPLIES UP TO $150,000 (SMALL PURCHASES) The Purchasing Agent may purchase supplies expected to cost no more than $150,000 under the following rules. Purchasing requirements or practices may not be artificially divided to meet the definition of a small purchase. A purchase may not be divided to fit within any of the categories set forth below to circumvent or avoid compliance with the rules. A) PURCHASES OF LESS THAN $250 No particular purchasing method or record keeping is required for purchases or lease of supplies in the amount of $250 or less. The Purchasing Agent and/or Deputy Purchasing Agent may make such purchases with or without purchase orders at his/her discretion. All receipts or documentation related to the purchase must be submitted to the Department for record keeping within five (5) business days of the payment. B) PURCHASES GREATER THAN $250.01 BUT LESS THAN $1,000 The Purchasing Agent and/or Deputy Purchasing Agent may purchase or lease supplies with an estimated price of $250.01 up to $1,000 using the following procedure: 1) All purchases under this section may be made using the method of purchase deemed most appropriate by the Purchasing Agent and/or Deputy Purchasing Agent. 2) All purchases under this section must be approved by the Purchasing Agent or Deputy Purchasing agent prior to submitting a purchase order or committing to a purchase via order. 3) The Purchasing Agent or Deputy Purchasing Agent may sign all purchase orders entered into under this section, without prior approval of the Board. A purchase order must be completed by the Purchasing Agent or Deputy Purchasing Agent prior to making the purchase or committing to a purchase via order. C) PURCHASES GREATER THAN $1,000.01 BUT LESS THAN $10,000 The Purchasing Agent and/or Deputy Purchasing Agent may purchase or lease supplies with an estimated price of $1,000.01 up to $10,000 using the following procedure: 1) Request quotes from three (3) vendors of the type or category of supplies needed. 2) For each purchase, a Memorandum of Quotes Received must be completed and signed by the Purchasing Agent or Deputy Purchasing Agent detailing the quotes received from each vendor. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 13 3) The Department may choose to reject all quotes. 4) If no quotes are received from a Responsible and Responsive Bidder, the supplies may be purchased under the Special Purchasing Method described in this Policy. 5) All purchases under this section must be approved by the Purchasing Agent, Deputy Purchasing Agent, and/or the Board as appropriate prior to completing a purchase order. 6) The Purchasing Agent or Deputy Purchasing Agent may sign all purchase orders entered into under this section, without prior approval of the Board. A purchase order must be submitted by the Purchasing Agent or Deputy Purchasing Agent prior to making the purchase. D) PURCHASES GREATER THAN $10,000.01 BUT LESS THAN $49,999 The Purchasing Agent and/or Deputy Purchasing Agent may purchase or lease supplies with an estimated price of $10,000.01 up to $49,999 using the following procedure: 1) Request quotes from three (3) vendors of the particular type or category of supplies needed. 2) For each purchase, a Memorandum of Quotes Received must be completed and signed by the Purchasing Agent or Deputy Purchasing Agent detailing the quotes received from each vendor. 3) The Department or Board may choose to reject all quotes. 4) If no quotes are received from a Responsible and Responsive Bidder, the supplies may be purchased under the Special Purchasing Method described in this Policy. 5) All purchases under this section to be purchased with appropriated funds from a Non-Reverting Park Program Fund must be approved by the Purchasing Agent, Deputy Purchasing Agent, and/or the Board prior to completing a purchase order. All purchases under this section purchased in part or solely with appropriated funds from any other Board fund(s) must be approved by the Board prior to submitting a purchase order to the vendor and making a purchase. 6) Upon appropriate authorization, the Purchasing Agent, Deputy Purchasing Agent, and/or authorized officer of the Board shall sign all purchase contracts entered into under this section. A purchase order must be submitted by the Purchasing Agent or Deputy Purchasing Agent prior to making the purchase. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 14 E) PURCHASES GREATER THAN $50,000 BUT LESS THAN $150,000 The Purchasing Agent and/or Deputy Purchasing Agent may purchase or lease supplies with an expected price of at least $50,000 and not more than $150,000 using the following procedure: 1) Invite quotes from at least three (3) vendors known to deal in the lines or classes of supplies to be purchased, which sets forth the date and time fixed for receiving quotes. 2) Mail an invitation to quote to the vendors at least seven (7) days before the time fixed for receiving quotes. 3) For each proposed purchase, a Memorandum of Quotes Received must be completed and signed by the Purchasing Agent or Deputy Purchasing Agent detailing the quotes received from each vendor. 4) If a satisfactory quote is received, the contract shall be awarded by the Board to the lowest responsible and responsive vendor for each type or category of supply required. 5) If the contract is not awarded to the vendor with the lowest quote, a detailed Memorandum of Record must be prepared and signed by the Purchasing Agent or Deputy Purchasing Agent to document the reason for this decision. 6) The Board may choose to reject all quotes. 7) If no quotes are received from a Responsible and Responsive Bidder, the supplies may be purchased under the Special Purchasing Method described in this Policy. 8) All purchases under this section must be approved by the Board prior to submitting a purchase order to the vendor and making a purchase. 9) Upon authorization by the Board, the authorized Purchasing Agent, Deputy Purchasing Agent, and/or officer of the Board shall sign all purchase contracts entered into under this section. A purchase order must be submitted by the Purchasing Agent or Deputy Purchasing Agent prior to making the purchase. SECTION 8. PURCHASES GREATER THAN $150,000 A) REQUEST FOR PROPOSALS OR INVITATION FOR BIDS. For the purchase of supplies in excess of $150,000, the Board may choose to either issue a Request for Proposals (“RFP”) or an Invitation for Bids (“IFB”). The procedures set forth for these purchases ore outlined in the Purchasing Procedures Handbook and defined by the Public Purchasing Law. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 15 B) BID OR PROPOSAL ERRORS. The Purchasing Agent is explicitly allowed to: 1) Correct or withdraw inadvertent erroneous bids before or after award. If withdraw occurs after the award, the Purchasing Agent shall notify the next best qualified responder of award. 2) Cancel an award or a contract based on a mistake. 3) Promptly report such action to the Board. SECTION 9. PUBLIC WORKS PROJECTS Public Works Construction Bids are subject to statutory limitations on the length of time between advertising and bid opening. If the estimated cost of the project is less than $25 Million, the first publication may not occur more than 6 weeks prior to bid opening; if the estimated cost exceeds $25 Million, the first publication may occur no more than 10 weeks prior to bid opening. (IC 36- 1-12-4) A) PUBLIC WORKS CONSTRUCTION FOR PROJECTS ESTIMATED BELOW $50,000 This subsection applies whenever a Public Work project is estimated to cost less than $50,000. The Department shall proceed under the following provisions: 1) The Department shall invite quotes from at least three (3) persons known to deal in the class of work proposed to be done by mailing them a notice stating that plans and Specifications are on file in a specified office. The notice must be mailed not less than seven (7) days before the time fixed for receiving quotes. a) Alternatively, the Department may solicit at least three (3) quotes by telephone, facsimile transmission, or electronic mail. The seven (7) day waiting period required by subdivision 1) not apply to quotes solicited under this clause. A quote received under this clause shall be reported to the Board during the public meeting at which the contract is considered. The name of each person submitting a quote, and the amount of each quote, shall be read aloud at the public meeting. 2) The Department may not require a person to submit a quote before the meeting at which quotes are to be received. The meeting for receiving quotes must be open to the public. All quotes received shall be opened publicly and read aloud at the time and place designated and not before. 3) Except as permitted by the allowed Price Preferences (I.C. 36-1-12-22, et seq.) the Department shall award the contract for the Public Work to the lowest responsible and responsive quoter. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 16 4) The Department may, at its discretion, reject all quotes submitted. 5) If the Department rejects all quotes, the Department may negotiate and enter into agreements for the work in the open market without inviting or receiving quotes, provided however, that the Department first establishes in writing the reason(s) for rejecting all quotes. All Plans and Specifications for public buildings must be approved by the Indiana Department of Health, the Indiana Department of Homeland Security, and other State agencies pursuant to Ind. Code 36-1-12-10. B) PUBLIC WORKS CONSTRUCTION FOR PROJECTS ESTIMATED FROM $50,000 TO $150,000 This subsection applies whenever a Public Work project is estimated to cost at least fifty thousand dollars ($50,000) and less than one hundred fifty thousand dollars ($150,000). The Department shall proceed under the following provisions: 6) The Department shall invite quotes from at least three (3) persons known to deal in the class of work proposed to be done by mailing them a notice stating that plans and Specifications are on file in a specified office. The notice must be mailed not less than seven (7) days before the time fixed for receiving quotes. 7) The Department may not require a person to submit a quote before the meeting at which quotes are to be received. The meeting for receiving quotes must be open to the public. All quotes received shall be opened publicly and read aloud at the time and place designated and not before. 8) The Board shall award the contract for the Public Work to the lowest responsible and responsive quoter. However, the Board may, at its discretion, reject any and all quotes submitted. 9) All Plans and Specifications for public buildings must be approved by the Indiana Department of Health, the Indiana Department of Homeland Security, and other State agencies pursuant to Ind. Code 36-1-12-10. C) PUBLIC WORKS CONSTRUCTION GREATER THAN $150,000 This section applies whenever the cost of a Public Work project will be at least one hundred fifty thousand dollars ($150,000). The Department must comply with the following provisions: 1) The Department shall prepare general Plans and Specifications describing the kind of Public Work required but shall avoid Specifications which might unduly limit competition. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 17 a) If the project involves the resurfacing (as defined by I.C. 8-14-2-1, et seq.) of a road, street, or bridge, the Specifications must show how the weight or volume of the materials will be accurately measured and verified. 2) The Department shall file the Plans and Specifications in a place reasonably accessible to the public, which shall be specified in the notice required by subdivision 3). 3) Upon the filing of the Plans and Specifications, the Board shall publish notice in accordance with Ind. Code 5-3-1 calling for sealed proposals for the Public Work needed. If the Board receives electronic bids as set forth in this subsection, the Board shall also provide electronic access to the notice of the bid solicitation through the computer gateway administered under Ind. Code 4-13.1-2-2(a)(6) by the office of technology. 4) The notice must specify the place where the Plans and Specifications are on file and the date fixed for receiving bids. 5) The period of time between the date of the first publication and the date of receiving bids shall be governed by the size of the contemplated project in the discretion of the Board. The period of time between the date of the first publication and receiving bids may not be more than: a) six (6) weeks if the estimated cost of the Public Works project is less than twenty-five million dollars ($25,000,000); and b) ten (10) weeks if the estimated cost of the Public Works project is at least twenty-five million dollars ($25,000,000). 6) All bidders shall be required to submit a financial statement, a statement of experience, a proposed plan or plans for performing the Public Work, and the equipment that the Bidder has available for the performance of the Public Work. The statement shall be submitted on forms prescribed by the Indiana State Board of Accounts. 7) Neither the Board nor the Department may require a Bidder to submit a bid before the meeting at which bids are to be received. The meeting for receiving bids must be open to the public. All bids received shall be opened publicly and read aloud at the time and place designated and not before. Notwithstanding any other law, bids may be opened after the time designated if both of the following apply: a) The Board makes a written determination that it is in the best interest of the Board to delay the opening. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 18 b) The day, time and place of the rescheduled opening are announced at the day, time and place of the originally scheduled opening. 8) Upon receipt of bids for the Public Work, the Board shall: a) award the contract for Public Work or improvements to the lowest responsible and responsive bidder; or b) reject all bids submitted. 9) If the Board awards the contract to a bidder other than the lowest bidder, the Board must state in the minutes or memoranda, at the time the award is made, the factors used to determine which bidder is the lowest responsible and responsive bidder and to justify the award. The Board shall keep a copy of the minutes or memoranda available for public inspection. 10) In determining whether a bidder is Responsive, the Board may consider the following factors: a) Whether the bidder has submitted a bid or quote that conforms in all material respects to the Specifications. b) Whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders. c) Whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the aware of a public contract. 11) In determining whether a bidder is a Responsible bidder, the Board may consider the following factors: a) The ability and capacity of the bidder to perform the work. b) The integrity, character and reputation of the bidder. c) The competence and experience of the bidder. 12) The Board shall required the bidder to submit an affidavit: a) that the bidder has not entered into a combination or agreement: i) relative to the price to be bid by a person; ii) to prevent a person from bidding; or iii) to induce a person to refrain from bidding; and b) that the bidder’s bid is made without reference to any other bid. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 19 D) PUBLIC WORK UNDER $250,000 USING CCPR WORKFORCES Pursuant to Ind. Code 36-1-12-3, et seq. the Department may perform any Public Work by means of its own workforce, without awarding a contract whenever the cost of that Public Work project is estimated to be less than $250,000. Before the Department may perform any work under this section by means of its own workforce, the Department must have a group of employees on its staff who are capable of performing the construction, maintenance and repair applicable to that work. For purposes of this subsection, the cost of a public work project includes: 1) the actual cost of materials, labor, equipment and rental; 2) a reasonable rate for use of trucks and heavy equipment owned; and 3) all other expenses incidental to the performance of the project. The Department’s workforce may perform a Public Work, described above, only if: 1) the workforce, through demonstrated skills, training or expertise, is capable of performing the Public Work; and 2) for a Public Work project whose cost is estimated to be more than one hundred thousand dollars ($100,000), the Board: a) publishes a notice under Ind. Code 5-3-1 that: i) describes the Public Work that the Board intends to perform with its own workforce; and ii) sets forth the projected cost of each component of the Public Work as described in this subsection; and b) determines at a public meeting that it is in the public interest to perform the Public Work with the Board’s own workforce. A Public Work project performed by the Board’s own workforce must be inspected and accepted as complete in the same manner as a Public Work project performed under a contract awarded after receiving bids. When the project involves the rental of equipment with an operator furnished by the owner, or the installation or application of materials by the supplier of the materials, the project is considered to be a Public Work project and subject to this subsection. However, an annual contract may be awarded for equipment rental and materials to be installed or applied during a calendar or fiscal year if the proposed project or projects are described in the bid Specifications. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 20 E) OTHER METHODS FOR PUBLIC WORK. Nothing within this Policy prohibits the Board from using an alternative method permissible under Indiana Code for the financing and development of a Public Work project so long as all statutory requirements are followed. SECTION 10. ONLINE REVERSE AUCTIONS The Board believes online reverse auctions may be appropriate for the purchase of some supplies. To the extent the Purchasing Agent determines that such purchasing practice is beneficial under a set of circumstances, the Purchasing Agent shall so inform the Board and, if authorized, the Purchasing Agent shall follow the policies set forth in the Purchasing Procedures Handbook and defined by the Public Purchasing Law. SECTION 11. SPECIAL PURCHASING METHODS A) OTHER PURCHASING METHODS. The Purchasing Agent and/or Deputy Purchasing Agent may use special purchasing methods whenever and wherever applicable in lieu of the methods otherwise described in this Policy under the following circumstances: 1) When there exists an Emergency as defined in Section 2; 2) When there exists a unique opportunity to obtain supplies at a substantial savings to the Board; 3) At an auction; 4) When purchasing data processing contracts or license agreements for software programs; or supplies, when only one (1) source meets the Board’s reasonable requirements. 5) When the compatibility of equipment, accessories or replacement parts is a substantial consideration in the purchase and only one (1) source meets the Board’s reasonable requirements. 6) When the purchase of the required supplies under another purchasing method would seriously impair the functioning of the Board or its Department; 7) When the Purchasing Agency has solicited for a purchase under another purchasing method and has not received a responsive offer; 8) For the evaluation of supplies or a system containing supplies: a) To obtain functional information or comparative data, or DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 21 b) For a purpose that, in the judgment of the Purchasing Agent, may advance the long-term competitive position of the Board and its Department; 9) When the market structure is based on price but the Board is able to receive a dollar or percentage discount of the established price; 10) When there is only one source, and the Purchasing Agent determines in writing there is only one source, subject to the Public Purchasing Act. 11) When the Purchasing Agent determines in writing that supplies can be purchase equal to or less than the federal supply service schedule prices established by the federal General Services Administration and it is beneficial to the Board’s interest in efficiency and economy. 12) When purchasing from a federal or state agency vendor whose contract requires supplies to be made available to political subdivisions. 13) When the Purchasing Agent determines that it is cheaper to obtain the transfer of supplies from the federal government under IC 4-13-1.7 at a cost less than the purchase through an IFB or a RFQ. Purchases under this subsection are subject to the requirements set forth in IC 5-22-10-16. 14) When supplies are given as gifts to the Board. 15) When purchasing from a public utility, if the purchase or lease price is a negotiated price that considers the results of independent appraisals obtained by the Purchasing Agency and the public utility. B) CONSIDERATION FOR COMPETITION. All special purchases under this section must be made with as much competition as is practicable under the circumstances. C) EMERGENCY PURCHASING AUTHORITY An emergency procurement may be conducted when there exists, an Emergency as defined by Section 2 of this Policy, the Purchasing Agent has the authority to spend up to $149,999.99 to purchase supplies and services, with the consent of the highest- ranking Park Board officer available. All procurements under this subsection shall be ratified by the Board at its next regularly scheduled meeting. SECTION 12. MISCELLANEOUS PROVISIONS A) EXPLICIT AUTHORIZATION FOR PURCHASING AGENT. The Board hereby grants the following authority to the Purchasing Agent: 1) Purchasing authority up to $75,000 for supplies and services with appropriated funds from any Board fund(s). DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 22 2) Authorization to change the Procedures from time to time so long as such changes are consistent with the Rules and the Public Purchasing Law. 3) Use of a process or rule not specifically provided in the Policy but not inconsistent with the Public Purchasing Law and necessary to be utilized for the benefit of the general public prior to Board consideration. 4) Authorization specifically provided in other sections of this Policy. 5) The Purchasing Agent shall report all purchases of $50,000 or greater to the Board at the next regularly scheduled meeting of the Board. The report shall include, at a minimum, the name of the vendor, the purpose of the purchase, and the total amount of the purchase. B) ELECTRONIC TRANSMISSION OF NOTICES OR OTHER MATERIALS. Where this Policy requires notice or other material be sent by mail, the material may be sent by electronic means provided the transmission of information is at least as efficient and secure as sending the material by mail and is otherwise consistent with Indiana law. C) ELECTRONIC RECEPTION OF OFFERS. The Board may receive electronic offers if the solicitation indicates the procedure for transmitting the electronic offer and the offer is received on a fax machine, by electronic mail, or by means of another electronic system approved by the Purchasing Agent. D) RECORDS RETENTION. The Department shall keep and maintain all records and supporting document for expenditures both requested and completed for a period of ten (10) years after the date of final payment to the vendor, as required by IARA’s “County/Local General Retention Schedule” Record Series GEN 10-11. E) PURCHASE OF SUPPLIES MANUFACTURED IN THE UNITED STATES. Supplies manufactured in the United States shall be specified for all purchases and shall be purchased unless the Board as the Purchasing Agency determines that: 1) The supplies are not manufactured in the United States in reasonable quantities; 2) The prices of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured elsewhere; 3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 23 4) The purchase of supplies manufactured in the United States is not in the public interest. F) PURCHASE OF SUPPLIES FROM THE DEPARTMENT OF CORRECTION. The Purchasing Agency shall purchase from the Indiana Department of Correction (“DOC”), supplies and services produced or manufactured by the DOC listed produced or manufactured by the DOC under IC 11-10-6 as listed in the DOC’s printed catalog unless the Purchasing Agency or Purchasing Agent determines that: 1) The supplies and services cannot be furnished in a timely manner; or 2) The supplies and services do not meet the Specification(s) and needs of the Board or the Department; or 3) The supplies and services cannot be purchased at a fair market price. 4) The Purchasing Agent shall be responsible for interpreting the terms in this subsection to carry out the intent of the Public Purchasing Law. G) PURCHASING OF SUPPLIES FROM A REHABILITATION CENTER. The Purchasing Agency shall purchase from a Rehabilitation Center (the “Center”) as defined by Ind. Code 12-12-3-1, supplies produced by the Center as listed in the Center’s printed catalog unless the Purchasing Agency or the Purchasing Agent determines that: 1) similar articles are produced by the Department; or 2) the articles do not meet the Specifications and needs of the Department; or 3) the articles are not offered at a fair market price; or 4) the Purchasing Agent has obtained a written statement from the Center that the supplies described in the catalog cannot be furnished, the Purchasing Agent may obtain the supplies elsewhere. H) PURCHASE OF COAL FOR FUEL. Whenever the Purchasing Agent purchases coal for use as fuel, the Purchasing Agent shall give absolute preference to coal mined in Indiana unless federal law requires the use of low sulfur coal in the circumstances for which the coal is purchased. (IC 5-22- 15-22) I) PURCHASE OF SUPPLIES PRODUCED WITH FORCED LABOR. The Purchasing Agent may not purchase supplies if the supplies were manufactured outside the United States using forced labor. J) PURCHASE OF STEEL MANUFACTURED IN THE UNITED STATES. 1) Solicitation for Supplies DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085 Carmel/Clay Board of Parks and Recreation Purchasing Policy Page 24 Pursuant to IC 5-22-15-25 et seq., all solicitations for supplies must include a provision requiring the use of Domestic Steel unless the Board makes a written determination that: a) the cost of the contract requiring the use of steel manufactured in the U.S. would be more than 115% of the cost of the contract otherwise; and b) failing to require the use of steel manufactured in the U.S. would not in any way harm the business of a facility that manufactures steel products in Indiana or result in the reduction of employment or wages and benefits of employees of a facility that manufactures steel products in Indiana. 2) Steel Procurement for Public Works Pursuant to IC 5-16-8-2 et seq., every CCPR contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall require that, if any steel produces are to be used or supplied in the performance of the contract or any of the subcontracts, only domestic Steel Products shall be used, unless the Purchasing Agency determines in writing that the cost of the domestic Steel Products is deemed to be unreasonable. A bid or offered price of domestic Steel Products is not deemed to be unreasonable if it does not exceed the sum of: a) the bid or offered price of like steel products of foreign origin (including any applicable duty); plus b) a differential of fifteen percent (15%) of the bid or offered price of the steel or foundry products of foreign origin. K) AMENDMENT. This Policy may be amended from time to time, as determined necessary by the Board, or as required by changes in public law or case law relating thereto. All amendments must be approved by the Board prior to becoming effective. SECTION 13. FAILURE TO COMPLY WITH THIS POLICY Failure to comply with the Purchasing Rules outlined in this Policy will result in disciplinary, up to and include termination of employment. DocuSign Envelope ID: 0785A5CC-EB89-4106-B3BB-38F08F31D085