City of Poplar Bluff, MO
Butler County
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Table of Contents
Table of Contents

Section 140.010 Designation of Purchasing Agent.

[R.O. 2007 §2-200; Ord. No. 4862 §1, 3-4-1985]
The City Manager may serve as purchasing agent for the City of Poplar Bluff or may designate or appoint another person to the office who shall be subject to the supervision and control of the City Manager.

Section 140.020 Restriction on Issuance of Check on City Funds.

[R.O. 2007 §2-200.1; Ord. No. 4862 §2, 3-4-1985]
The City Treasurer shall not issue a check on any City funds other than payroll and no title to any asset of the City of Poplar Bluff shall be given unless in compliance with this Chapter.

Section 140.030 Competitive Bidding — State Contract Prices and Change Orders.

[R.O. 2007 §2-200.2; Ord. No. 4862 §3, 3-4-1985; Ord. No 4929 §1, 11-4-85; Ord. No. 4937 §1, 1-6-1986; Ord. No. 5475 §1, 8-5-1991]
A. 
Before making a purchase, the purchasing agent shall invite competitive bidding under the rules and regulations set out in this Chapter, but the City Council shall not except individual contracts, purchases or sales from the requirement of competitive bidding. Whenever possible, there should be price comparison on regularly purchased small items.
B. 
Contracts for equipment, goods, rolling stock, construction materials or supplies amounting to more than five thousand dollars ($5,000.00) shall not be let without being budgeted or prior approval of the City Council and the publishing of an advertisement for bids thereon in a newspaper of general circulation in the City not less than ten (10) days prior to the reception of such bids; provided that the City Council and/or City Manager shall have the power to reject all bids and advertise again. Any recommendation to let a contract that is not the lowest bid on a budgeted item shall require City Council approval. Contracts for equipment, goods, rolling stock, construction materials or supplies amounting to five thousand dollars ($5,000.00) or less may be let upon oral bids thereon. The department head of any department requesting such bids shall keep a written record of all bids received. Alterations in any contract may be made when authorized by the City Council upon the written recommendation of the City Manager. It shall be a violation of this Section if contracts or purchases are divided into separate contracts of less than five thousand dollars ($5,000.00) each if in their entirety the amount of the total divided contracts or purchases exceed five thousand dollars ($5,000.00).
C. 
These provisions shall not prevent the City Manager, with the approval of the City Council, from employing labor for public improvements, making necessary extensions of public service, employing specialized professional services and negotiating policy premiums for various insurance coverages.
D. 
Contracts for equipment, goods, rolling stock, construction materials or supplies amounting to more than five thousand dollars ($5,000.00) may be let without the publishing of an advertisement for bids thereon only if said contract is with a person, firm, organization or corporation whose offer to sell to the City and whose sale price for said commodity is equal to, lower or better than the then existing State contract price with the same or similar commodity as established by the State or any department or board or commission thereof and for which the said commodity is available to the State; or if there is only one (1) known source from whom to purchase said equipment, goods, rolling stock, construction materials or supplies; or upon the City Manager's approval during a dire emergency.
E. 
In respect to any contract issued or entered into under the provisions of this Section, the City Manager shall have the power and authority to increase or decrease the same up to and including the sum of five thousand dollars ($5,000.00) before extra service, work or labor to be performed or for the deletion thereof. Any charges in excess of said sum of five thousand dollars ($5,000.00) may be made only when authorized by the City Council. The City Council may also alter or extend the terms of any such contract upon the written recommendation of the City Manager.

Section 140.040 Purchasing Procedures.

[R.O. 2007 §2-200.3; Ord. No. 4862 §4, 3-4-1985]
A. 
The following procedures shall be used for the ordering, contracting or furnishing of materials, supplies, equipment or contractual services for any City department, office or agency:
1. 
Any City department, office or agency may purchase any non-capital supplies, materials or equipment in an amount less than five hundred dollars ($500.00). The purchasing agent shall provide procedures for the departments, offices or agencies to follow in making such purchases. The purchasing agent, with the approval of the City Manager, shall make rules and regulations for the purchase of any supplies, materials, equipment or contractual services purchased by a department, office or agency of the City of Poplar Bluff.
2. 
Orders or contracts to furnish any supplies, materials, equipment or contractual services to any City department, office or agency for five hundred dollars ($500.00) or more shall be requisitioned by the user department from the Purchasing Department and the Finance Director shall certify the availability of funds prior to the placing of an order.

Section 140.050 Disposal of Supplies, Materials and Equipment Found to Be Obsolete or Surplus.

[R.O. 2007 §2-200.4; Ord. No. 4862 §5, 3-4-1985]
A. 
The purchasing agent may sell or trade upon the best terms available any obsolete, unused, outmoded, unserviceable or waste material and equipment which sale or trade may be:
1. 
Conducted with or without notice, provided the value of the property involved is one thousand dollars ($1,000.00) or less;
2. 
Where the value of the merchandise is more than one thousand dollars ($1,000.00), the City Council shall find the supplies, materials or equipment are obsolete, unused, outmoded, unserviceable or waste material and authorize disposal of same.

Section 140.060 When Contracts and Expenditures Are Prohibited.

[R.O. 2007 §2-200.5; Ord. No. 4862 §6, 3-4-1985; Ord. No. 5089 §1, 6-1-1987]
No officer, department or employee shall, during any fiscal year, expend or contract to expend any money or inure any liability or enter into any contract which by its terms involves the expenditures of money, for any purpose, in excess of the amounts appropriated for any particular department account. Any contract, verbal or written, made in violation of this Section shall be null and void. Any officer or employee of the City who shall knowingly and willfully violate this Section shall be subject to appropriate disciplinary action. Nothing in this Section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds or revenue certificates nor the making of contracts of lease or for services for a period exceeding the budget in which such contract is made, when such contract is permitted by law.

Section 140.070 Architectural, Engineering and Land Surveying Services Procurement Policy. [1]

[R.O. 2007 §2-17; Ord. No. 4764 §§1 — 2, 9-6-1983; Ord. No. 5075 §1, 3-2-1987]
A. 
By specific reference thereto, the City Council adopts the provisions of Sections 8.285 to 8.291, RSMo., as the formal policy for the City with regard to the procurement of architectural, engineering and land surveying services.
B. 
In adopting the provisions of said Sections 8.285 to 8.291, RSMo., the City may, but is not bound to, prepare a written description of the scope of the proposed services if such services are not adequately set out by other means. Further, an annual statement of qualifications and performance data may be waived if the architectural, engineering or land surveying firm has performed services for the City within one (1) year of the date of the proposed services.
[1]
Cross Reference — As to fiscal procedures, §§135.020 et seq.

Section 140.080 Local Purchasing Preference Policy.

[Ord. No. 7476 §1, 2-3-2014]
A. 
On all purchases requiring the letting of bids under Section 140.030 of the Code of Ordinances for the City of Poplar Bluff, Missouri, the following shall apply:
1. 
Preference will be given to vendors or contractors who produce, manufacture, or market goods and/or services within the defined radius as described below, if the quality and price are comparable with all other goods and services offered to the City and, after consideration of the effects of time of delivery, maintenance and repair service, other pertinent costs, and all other factors to be considered in the bid award process, it is determined that a bid received from a local vendor or contractor is substantially equal to or better than other bids received. When a formal written bid or proposal is not required, local vendors may be given an opportunity to match prices offered by non-local vendors, as long as the products are equal as to specification and quality requirements.
2. 
A vendor or contractor is considered to be local if its principal place of business is located within a radius of twenty-five (25) miles from Poplar Bluff City Hall, with the majority of its primary business operations, including, but not limited to, production, operation, purchasing, billing, marketing, management, administration and ownership, occurring within said radius. "Local" shall not include the following:
a. 
Those businesses with only a local post office box; or
b. 
Those businesses with a sales presence in the said radius, but no physical business location within the said radius; or
c. 
Home-based businesses that merely take orders for products shipped from out-of-town to their customers.
3. 
When bids or proposals are received from both local and non-local vendors or contractors, the local bidder may be given preference in the awarding of the bid, provided that its bid meets all other specification, quality, and service requirements in the following instances:
a. 
If a local bidder is, within three percent (3%) of the lowest bid from a non-local bidder on a bid or proposal from three thousand dollars ($3,000.00) up to one million dollars ($1,000,000.00), and within two percent (2%) on such bid or proposal from one million dollars ($1,000,000.00) up to three million dollars ($3,000,000.00), and within one percent (1%) on such bid or proposal from three million dollars ($3,000,000.00) to five million dollars ($5,000,000.00).
b. 
The local purchasing preference policy shall not apply in the following instances:
(1) 
When purchases and/or contracts are funded in whole or in part by Federal funds.
(2) 
When such preference is in conflict with any applicable State or Federal laws, rules or regulations.
(3) 
When construction projects are financed with public assistance, including, but not limited to, tax increment financing, Chapter 100 bonds, Chapter 353 redevelopment projects and enterprise zone redevelopment.
c. 
In the event that a general/prime contractor wishes a bid to be considered local, such contractor must either be local as defined above and at least fifty-one percent (51%) of the value of the total work to be performed as set forth in the bid price must be accomplished by the general/prime contractor or subcontractors considered local pursuant to this policy as defined above; or, utilize subcontractors considered local who will perform at least sixty percent (60%) of the value of the total work to be performed as set forth in the bid. The general/prime contractor will be required to document this information and provide it with the bid in order for the bid to be considered under the local purchasing preference policy.