[1]
Editor's Note: Res. No. 78-2020 and Res. No. 203-2020, enacted
5-5-2020, have updated the City's Purchasing Policy and Procedures.
Specific changes to the Code have been set out by ordinance and referenced
within the amended Sections below. Both resolutions can be found on
file in the City offices.
[CC 1979 §2-218; Ord. No. 86-24 §1, 10-21-1986]
All items of tangible personal property except any such item
offered for sale as surplus property by the State of Missouri. Neither
shall such term include real property.
[CC 1979 §2-219; Code 1962 §26-5]
Except as otherwise provided by this Article, it shall be unlawful
for any City Officer or employee to purchase or order any supplies
or make any contract within the purview of this Chapter other than
through the office of the City Purchasing Agent and any purchase ordered
contrary to the provisions hereof shall not be approved by the City
and the City shall not be bound thereby.
[Code 1962 §26-6; CC 1979 §2-220]
The City Purchasing Agent and every officer and employee of
the City are expressly prohibited from accepting, directly or indirectly,
from any person to which any purchase order or contract is or might
be awarded, any rebate, gift, money or anything of value whatsoever,
except where given for the use and benefit of the City.
[Code 1962 §26-7; CC 1979 §2-221; Ord. No. 885 §1, 11-5-1974; Ord. No. 91-29 §2, 6-4-1991; Ord. No. 215-2021, 8-17-2021[1]]
All purchases of supplies and contractual services exceeding
fifteen hundred dollars ($1,500.00) shall, except as otherwise provided,
be accompanied by three (3) written, catalog, or faxed quotes, or
documentation as to why these requirements cannot be met and shall
have the approval of the City Manager; and all such purchases involving
an amount greater than ten thousand dollars ($10,000.00) shall be
made only upon the authorization of the City Council; provided, that
in the event the City Council has in a current budget authorized the
purchase of supplies or services exceeding ten thousand dollars ($10,000.00)
to be paid for out of the General Revenue Fund of the City, the Purchasing
Agent may purchase such authorized supplies or services without the
necessity of again obtaining Council approval of such purchase.
[1]
Editor's Note: Ord. No. 215-2021 also changed the title of
this Section from "Purchases Exceeding Fifteen Hundred Dollars and
Purchases Exceeding Five Thousand Dollars; Generally" to "Purchases
Exceeding Fifteen Hundred Dollars and Purchases Exceeding Ten Thousand
Dollars; Generally."
[Code 1962 §26-8; CC 1979 §2-222; Ord. No. 885 §1, 11-5-1974; Ord. No. 91-29 §2, 6-4-1991; Ord. No. 216-2021, 8-17-2021[1]]
All supplies and contractual services for the City, except as
otherwise provided, when the estimated cost thereof shall exceed ten
thousand dollars ($10,000.00), shall be purchased by formal, written
contract from the lowest responsible bidder, after notice inviting
proposals. All sales of personal property of the City which has become
obsolete and unusable, when the estimated value thereof shall exceed
fifteen hundred dollars ($1,500.00), shall be sold by formal written
contract to the highest responsible bidder, after due notice inviting
proposals.
[1]
Editor's Note: Ord. No. 215-2021 also changed the title of
this Section from "Purchases, Sales, Etc. Over Five Thousand Dollars
— to Be by Written Contract With Most Favorable Bidder" to "Purchases,
Sales, Etc. Over Ten Thousand Dollars — to Be by Written Contract
With Most Favorable Bidder."
[Code 1962 §26-9; CC 1979 §2-223]
Sealed bids shall be solicited by the City Purchasing Agent from all responsible bidders who have requested that their names be added to a "bidders' list" which the Purchasing Agent shall maintain, and from such other prospective bidders as the City Purchasing Agent may elect to notify, by sending them such notice as will acquaint them with a proposed purchase or sale pursuant to Section 120.120.
[Code 1962 §26-10; CC 1979 §2-224]
When deemed necessary by the City Purchasing Agent, bid deposits may be prescribed in the notices inviting bids pursuant to Section 120.130 and each unsuccessful bidder shall be entitled to refund of his/her bid deposit. A successful bidder shall forfeit any deposit required upon his/her failure to enter a contract within ten (10) days after the award.
[Code 1962 §26-11; CC 1979 §2-225]
Bids pursuant to Sections 120.130 through 120.150 shall be submitted sealed and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the notice provided for by Section 120.130. A tabulation of all bids received shall be posted for public inspection.
[Code 1962 §26-12; CC 1979 §2-226]
The City Council shall have authority to reject all bids submitted as required by Sections 120.130 through 120.200 when the public interest will be served thereby. In no event shall there be accepted the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City.
[Code 1962 §26-13; CC 1979 §2-227]
Contracts pursuant to Sections 120.130 through 120.200 shall be awarded to the most favorable responsible bidder. In determining the "most favorable responsible bidder," in addition to price, there shall be considered the ability of the bidder to perform the contract or service, the promptness with which the bidder can perform the contract, the character, reputation and experience of the bidder, the quality of performance of previous contracts or services and the sufficiency of the financial resources of the bidder.
[Code 1962 §26-14; CC 1979 §2-228]
If bids pursuant to Sections 120.130 through 120.200 are for the same total amount, quality and service being equal, the contract shall be awarded to the local bidder; provided, that if both of such low bidders are local or if both are non-local, the contract shall be awarded by drawing lots in public.
[Code 1962 §26-15; CC 1979 §2-229]
[Code 1962 §26-16; CC 1979 §2-230; Ord. No. 885 §1, 11-5-1974; Ord. No. 91-29 §2, 6-4-1991; Ord. No. 217-2021, 8-17-2021[1]]
All purchases of supplies and contractual services for the City
and all sales of the City personality which has become obsolete and
unusable, of an estimated value of more than seven hundred fifty dollars
($750.00) and less than fifteen hundred dollars ($1,500.00), shall
be made by the City Department heads in the open market subject to
the provisions of the approved purchasing manual.
[1]
Editor's Note: Ord. No. 215-2021 also changed the title of
this Section from "Purchases, Sales, Etc., Over Five Hundred Dollars
but Less Than Fifteen Hundred Dollars" to "Purchases, Sales, Etc.,
Over Seven Hundred Fifty Dollars but Less Than Fifteen Hundred Dollars."
[Code 1962 §26-17; CC 1979 §2-231; Ord. No. 91-29 §2, 6-4-1991; Ord. No. 92-36 §1, 7-7-1992; Ord. No. 218-2021, 8-17-2021[1]]
All purchases and all sales of the City personality which has
become obsolete and unusable of an estimated value of less than seven
hundred fifty dollars ($750.00) shall be made by the City Department
heads in the open market subject to the provisions of the approved
purchasing manual.
[1]
Editor's Note: Ord. No. 215-2021 also changed the title of
this Section from "Purchases, Sales, Etc., Under Five Hundred Dollars
and More Than One Hundred Fifty Dollars" to "Purchases, Sales, Etc.,
Under Seven Hundred Fifty Dollars."
[1]
Editor's Note: Former Section 120.230, Purchases, Sales, Etc.,
of Less Than One Hundred Fifty Dollars, was repealed 8-17-2021 by
Ord. No. 219-2021.
[Ord. No. 35-2015 §1, 8-4-2015]
A.
All purchases and sales of real estate (real property), except as
otherwise provided within these Code of Ordinances, shall be executed
using the following procedures. A current real estate survey and qualified
appraisal shall be obtained to ensure the City has a correct legal
property description and current fair market value of the real estate.
Real estate shall be purchased by formal, written contract from the
lowest responsible bidder, after notice inviting proposals. Real estate
shall be sold by sealed bid, through a real estate broker or at public
auction by formal, written contract to the highest responsible bidder,
after due notice inviting proposals. Notwithstanding the aforementioned,
the City Council shall have authority to reject all bids when the
public interest will be served thereby.
B.
Option to Purchase Agreements. The City may enter
into an option to purchase agreement for the purchase or sale of real
estate. The option to purchase term shall not exceed one year (12
months). If a option to purchase agreement is amended or extended
after the one year (12 months), a new appraisal shall be obtained.
C.
Economic Development Incentive Program (EDIP). The
City may reinvest up to fifty percent (50%) of the net proceeds from
the sale of City owned real property to assist in infrastructure costs
of said real property sale location to foster economic development
and job creation. Requests shall be limited to direct tangible improvements
and specifically exclude any engineering or other costs related to
services rendered by a 3rd party. Requests may be made at any time
prior to completion of the project. Any project completed that has
not been formally approved for funding shall not qualify. Commitments
are non-transferable and shall be withdrawn at the City's discretion
if any information included in the application is found to be inaccurate,
false or later found to exceed the limits or conditions of funding.
Funds from the program shall not be stacked or combined with other
public fund sources, including but not limited to, County, State or
Federal. Funds will not be available for any project that is funded
or proposed to be funded when solicited (awarded or not) public funds
are equal to or greater than twenty percent (20%) of the total project
cost. Up to fifty percent (50%) of any funding will be allocated,
in part, based on financial need which shall be identified within
the financial narrative section of the EDIP application. Qualifications
for the Economic Development Incentive Program shall be as follows:
1.
Requests for funding shall require a written application detailing
the proposed use of the funds and include:
a.
Estimated costs of the project (with engineering and other soft
costs detailed).
b.
Requested funding from all other public sources including County/regional/State
and Federal grants.
c.
Estimated full-time direct job additions that will be located
on the property being purchased (job created at other sites or indirectly
do not qualify).
d.
Estimated timeline for start and completion of the project.
e.
Explanation of why City funds should be used to support the
project.
f.
Explanation of anticipated economic impact of said project (including
any studies or analysis done to support the stated impact).
2.
The Economic Development Incentive Program improvements/uses
that qualify shall be limited to:
a.
Road improvements on City-owned right-of-way (examples include
access/drive improvements, curb/guttering, widening and/or resurfacing).
b.
Water/Sewer improvements and upgrades necessary to service the
facility (including hydrant additions, under-road boring, or service
extension/expansion).
c.
City permit fees (refunded once the project is completed - not
waived) - will not exceed fifty percent (50%) of actual permit fee.
D.
Written requests for funding shall be provided to the City Manager
from the developer detailing all aspects of the development project
as stated in paragraphs (1) and (2) of the Economic Development Incentive
Program Subsection of this Section. The City Manager shall present
the proposal to the City Council for discussion and/or approval once
all requirements of this ordinance have been met. Any incentive payments
made under this program are limited to land purchases closed after
the final approval of this Section.
[1]
Editor's Note — Ord. no. 498-2012 §1, adopted April
17, 2012, repealed sections 120.240 "petty cash fund — established"
and 120.250 "petty cash fund — reimbursement" in their entirety.
Former sections 120.240 — 125.250 derived from Code 1962 §26-20;
CC 1979 §§2-233 — 2-234 ; ord. no. 1054 §§2
— 3, 11-6-1979; ord. no. 88-25 §2, 5-17-1988; ord. no.
93-38 §§1 — 2, 9-23-1993; ord. no. 96-66 §1,
1-7-1997.
[Code 1962 §26-22; CC 1979 §2-236; Ord. No. 885 §1, 11-5-1974; Ord. No. 91-29 §2, 6-4-1991]
In case of an apparent emergency which required the immediate purchase of supplies or contractual services for the City, the City Purchasing Agent may secure, at the lowest obtainable price, any supplies or service to the value of five thousand dollars ($5,000.00) without obtaining competitive bids as required by Sections 120.210 and 120.220 and, in the event of such emergency and upon the authorization of the City Council, the Purchasing Agent may secure at the lowest price obtainable any supplies or services exceeding in value the sum of five thousand dollars ($5,000.00) without observing the procedure prescribed by Sections 120.140 through 120.200. The Purchasing Agent shall prescribe by rules and regulations the procedures under which emergency purchases by heads of using Departments may be made.
[Code 1962 §26-23; CC 1979 §2-237]
The City Purchasing Agent shall prescribe by rules and regulations
the procedures under which routine purchases may be made by the heads
and employees of the several Departments of the City.
[Code 1962 §26-24; CC 1979 §2-238]
The City Purchasing Agent shall have the authority to join with
other units of Government in cooperative purchasing plans when the
best interests of the City would be served thereby.
[CC 1979 §2-239; Ord. No. 989 §§1 — 3, 3-7-1978; Ord. No. 1096 §§1 — 3, 11-4-1980]
A.
Authority to Sell — Holding Period. The City Manager
or his/her designated representative shall be authorized to sell all
unclaimed personal property, except guns, recovered by the Police
Department. Items shall be retained by the Police Department for at
least sixty (60) days from the date of initial possession. If the
property is not claimed by its owner within sixty (60) days, the Chief
of Police may sell the property at public auction as herein provided.
B.
Public Auction — Notice of Sale. All sales of personal
property shall be at public auction. The City Clerk shall cause notice
of said sale to be published in a local newspaper at least seven (7)
days prior to the sale, said publication to contain a list of all
items to be sold at said sale.
C.
Disposition of Proceeds From Sale — Lists of Expenses, Articles
Sold, Price and Purchaser. The proceeds of said sale, after
deducting the expenses of the sale, shall be deposited in the General
Revenue Fund of the City of Neosho, and shall be accompanied by an
itemized list of expenses of the sale, and a verified list identifying
the Article sold, the sale price and name of the purchaser.
[CC 1979 §2-240; Ord. No. 86-24 §1, 10-21-1986]
For the purpose of this Section real property and items of tangible
personal property offered as surplus property by the State of Missouri
shall be considered unique in that no similar item could be substituted
nor could competitive bids be obtained. All purchases of such unique
items shall be approved by the affirmative vote of no less than three
(3) Councilmen after formal discussion and vote at a special or regular
Council meeting.
