[R.O. 2016 § 131.010; R.O. 2011 § 131.010; Ord. No. 217 § 1, 6-7-2006]
The purpose of this Chapter is to establish rules and procedures governing the procurement of materials, supplies, equipment and services for the City and to maintain a high ethical standard for all officers and employees of the City in connection therewith.
[R.O. 2016 § 131.020; R.O. 2011 § 131.020; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 1, 7-20-2011; Ord. No. 481 § 8, 3-2-2016; Ord. No. 24-07, 5-1-2024; Ord. No. 26-04, 3-18-2026]
A. 
The City Administrator/Clerk shall act as the Purchasing Agent. The Purchasing Agent shall, in accordance with and subject to the rules, regulations and procedures in this Chapter and all applicable laws and ordinances:
1. 
Direct, supervise and be responsible for the procurement and acquisition of all materials, supplies and equipment, all contractual services and all insurance required by the City;
2. 
Verify that all vendors and contractors of the City have the appropriate insurance coverage;
3. 
Sell or dispose of all obsolete or unusable personal property of the City under five thousand dollars ($5,000.00) depreciated value. A list shall be presented to the Board of Aldermen of all obsolete or unusable personal property of the City whose original value was greater than two hundred fifty dollars ($250.00);
4. 
Forward all purchases and contracts over five thousand dollars ($5,000.00) to the Board of Aldermen for final approval.
[R.O. 2016 § 131.025; R.O. 2011 § 131.025; Ord. No. 338 § 2, 7-20-2011]
A. 
The following shall be guidelines in determining the lowest and best bidder and shall be included in all bid packages:
1. 
The ability, capacity and skill of the bidder to perform the contract or provide the services required.
2. 
Whether the bidder can perform the contract or provide the services promptly or within the time specified without delay or interference.
3. 
The character, integrity, responsibility, judgment, experience and efficiency of the bidder.
4. 
Whether the bidder is in default on the payment of taxes, licenses or other monies due to the City, County or State, and this factor alone shall justify disqualification.
5. 
The quality and performance of previous contracts or services.
6. 
The previous and existing compliance by the bidder with laws, the provisions of this Code and other City ordinances relating to the contract services.
7. 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
8. 
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
9. 
The ability of the bidder to provide, where applicable, future service and maintenance of equipment which is the subject of the contract.
10. 
The number and scope of conditions attached to the bid.
11. 
Performance and payment bonds are part of bid and provided for unless specifically excluded by the Board.
[R.O. 2016 § 131.030; R.O. 2011 § 131.030; Ord. No. 217 § 1, 6-7-2006; Ord. No. 416 § 1, 1-22-2014; Ord. No. 481 § 9, 3-2-2016; Ord. No. 24-07, 5-1-2024]
Purchases of less than five thousand dollars ($5,000.00) may be authorized by the Purchasing Agent, and the Board of Aldermen shall be notified of each purchase in excess of two hundred fifty dollars ($250.00). Purchasing should follow best practices in ensuring competitive pricing.
[R.O. 2016 § 131.040; R.O. 2011 § 131.040; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 3, 7-20-2011; Ord. No. 416 § 1, 1-22-2014]
A. 
For purchases from five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00), the Purchasing Agent, or his or her designee, shall solicit at least three (3) quotes for the item or items which may be solicited and returned either online and/or by hard copy.
[Ord. No. 481 § 10, 3-2-2016; Ord. No. 24-07, 5-1-2024]
B. 
For purchases greater than five thousand dollars ($5,000.00), bids and recommendations will be submitted to the Board of Aldermen.
[R.O. 2016 § 131.050; R.O. 2011 § 131.050; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 2, 7-20-2011; Ord. No. 481 § 11, 3-2-2011; Ord. No. 17-09 § 1, 3-1-2017]
A. 
Whenever any contemplated purchase or contract for services is reasonably anticipated to cost more than ten thousand dollars ($10,000.00), the Purchasing Agent shall cause to be published on the Twin Oaks website and in an issue of the St. Louis Edition of The Countian, or other newspaper, a notice inviting sealed bids. The notice shall include a general description of the articles to be purchased or the scope of services to be performed and the time and place for opening of sealed bids. At the direction of the Purchasing Agent a pre-bid meeting may be held for the purposes of explaining and answering questions with respect to the scope of the project. In addition, when practicable, the notice shall be sent to at least three (3) responsible prospective suppliers of the item to be purchased or services to be performed. Bid packets will be available in hard copy at the City office and/or electronically until the date set for the receipt of the bids. Inadvertent omission by the City of any of the steps set forth herein shall not invalidate the bidding process.
[Ord. No. 24-07, 5-1-2024]
B. 
Sealed bids shall be received at the City office and shall be identified as bids on the envelope. The bids shall be opened in public at the time and place stated in the invitation to bid before at least two (2) City witnesses; and after the opening, the Purchasing Agent shall tabulate all bids received and shall file a written report of the bids with the Board of Aldermen together with his/her written recommendations as to whom the City should award the contract.
[Ord. No. 24-07, 5-1-2024]
C. 
When deemed necessary by the Purchasing Agent, bid deposits shall be prescribed in inviting bids. A successful bidder shall forfeit any surety required by the City upon failure on the bidder's part to enter into a contract within ten (10) days after the award, and the invitation to bid shall so state. An unsuccessful bidder shall be entitled to return of his/her surety.
[Ord. No. 24-07, 5-1-2024]
D. 
All bid documents will include an insurance clause as follows:
1. 
All bids shall include and cover the cost of workers' compensation insurance for all employees of the bidder and for all employees of all subcontractors. It is agreed that the successful contractor shall furnish the City with a certificate of insurance from an insurance company with a Best's rating of at least B+/VII, or greater if required by the Board of Aldermen, indicating statutory workers' compensation coverage and the minimum coverage amounts stated in Subsection (D)(2) of this Section. The policy of insurance shall have endorsed on it a requirement of at least thirty (30) days' written notice mailed to the City indicating any cancellation or material change in coverage. The Board of Aldermen may increase or decrease the minimum coverage amounts on a per-project basis.
2. 
Minimum Coverage Amounts.
a. 
General Liability.
(1) 
General aggregate: one million dollars ($1,000,000.00).
(2) 
Product, completed operations aggregate: one million dollars ($1,000,000.00).
(3) 
Personal injury: one million dollars ($1,000,000.00).
(4) 
Each occurrence: one million dollars ($1,000,000.00).
(5) 
Fire legal liability damage: one hundred thousand dollars ($100,000.00).
(6) 
Medical expense: ten thousand dollars ($10,000.00).
b. 
Automobile combined single limit: one million dollars ($1,000,000.00).
c. 
Excess Liability.
(1) 
Each occurrence: one million dollars ($1,000,000.00).
d. 
Employer's Liability.
(1) 
Each accident: one million dollars ($1,000,000.00).
(2) 
Disease, policy limit: five hundred thousand dollars ($500,000.00).
(3) 
Disease, each employee: one hundred thousand dollars ($100,000.00).
3. 
City To Be Held Harmless.
a. 
The contractor shall indemnify and hold harmless the municipality and its elected and appointed officials and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses:
(1) 
Attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom; and
(2) 
Caused in whole or in part by any negligent act or commission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable regardless of whether or not it is caused in part by a party indemnified under this Chapter.
b. 
In any and all claims against any municipality or any of its agents or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Subsection shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits by or for the contractor or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.
E. 
Upon Board approval, the Purchasing Agent shall award the contract to the lowest responsible bidder, but the Board of Aldermen reserves the right to reject any and all bids.
[Ord. No. 24-07, 5-1-2024]
[Ord. No. 25-03, 3-5-2025]
A. 
Other Sections of this Chapter 145 notwithstanding, the City shall select a depository or depositories through a competitive process in accordance with the provisions of this Section 145.065. Nothing herein shall be interpreted to require the Board to select a different depository rather only to use this procedure when the Board does seek such services.
B. 
As used in this Section, the following terms shall mean:
BOARD
The Board of Aldermen of the City.
CITY
The City of Twin Oaks, Missouri.
DEPOSITORY
Any State-chartered or Federally chartered banking institution as defined in Article IV, Section 15 of the Constitution of Missouri headquartered in or maintaining a full-service branch in this State which is selected by a municipality to hold and manage public funds.
PUBLIC FUNDS
Funds owned or controlled by the City, including tax revenues, fees, grants, and other sources of income and revenue.
C. 
When it desires to seek new or additional depository services, the Board will develop and publish a request for proposals ("RFP") which will outline the requirements for selecting one (1) or more municipal depositories which will ask interested depositories to address or include the following:
1. 
The financial stability and soundness of the depository based on publicly available financial reports and other public sources;
2. 
Maintaining safe custody and liquidity of public funds, including deposit insurance coverage and pledge of collateral or investment in appropriate government securities as authorized for public funds;
3. 
Interest rates offered versus fees charged;
4. 
Services offered, including online banking, cash management, deposit sweep and repurchase accounts, positive pay, investment in a common trust fund in eligible securities for municipalities and political subdivisions, and other banking service options;
5. 
Compliance with all applicable State and Federal banking regulations;
6. 
Convenient and efficient treasury functions, including if the location of the depository shall be required to be located within the City or, if not within the City, within St. Louis County.
D. 
Banking institutions interested in becoming the City's depository for the City shall respond to the City's request for proposals within the time frame specified by the City in the request.
E. 
The Board shall evaluate the proposals based on the criteria outlined in Subsection (B) above and the request for proposals and select a banking institution that the Board determines in its sole discretion best meets the City's needs and objectives.
F. 
The selected depository must enter into a contract with the City that is acceptable to the Board and that sufficiently outlines the terms and conditions of the depository relationship, including, but not limited to, collateralization, deposit insurance, and the interest rates, fees, and services to be provided.
G. 
The City shall maintain records of the selection process, including all proposals received by the City for a period of two (2) years.
[R.O. 2016 § 131.060; R.O. 2011 § 131.060; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 4, 7-20-2011]
A. 
Single-Source Purchases. In the event there is only one (1) acceptable vendor capable of furnishing a particular service or commodity, the Purchasing Agent may be authorized to procure such service or commodity without bidding. The Purchasing Agent shall document the particular facts which make the item a single-source purchase. Such purchase must have Board of Aldermen approval if greater than five thousand dollars ($5,000.00).
[Ord. No. 24-07, 5-1-2024]
B. 
Emergency Purchases. Where an emergency situation requires immediate purchase of supplies or services and time is of the essence, the Purchasing Agent is authorized to procure the supplies or services needed without following the bidding procedures. The Board of Aldermen will be notified at its next regular meeting.
[Ord. No. 481 § 12, 3-2-2016; Ord. No. 24-07, 5-1-2024]
C. 
Situations Calling For Competitive Negotiations. Where it can be demonstrated that the City receives the best value on a purchase through informal discussion and bargaining rather than through the conventional bidding process, the Purchasing Agent need not follow the conventional bidding process exclusively. Such purchases shall be documented by the Purchasing Agent and given prior approval by the Board of Aldermen. Examples would include, but not be limited to, circumstances where time is a crucial factor, when the procurement involves high-technology items or when there is obvious inherent economy in purchasing from a particular vendor.
[Ord. No. 24-07, 5-1-2024]
D. 
Cooperative Purchasing. The purchasing procedures established shall not apply to purchases made by, through or with the Division of Procurement of St. Louis County or any other governmental agency or unit with whom the City is permitted to engage in cooperative purchasing. The Purchasing Agent has the authority to join with any other governmental unit, including U.S. Communities, Government Purchasing Alliance, in cooperative purchasing when the best interests of the City shall be served by such cooperative purchasing.
[Ord. No. 481 § 12, 3-2-2016; Ord. No. 24-07, 5-1-2024]
E. 
Professional Services And Real Estate. Specifically excluded from the provisions of the City's purchasing policy is the procurement of real estate and professional services with the Board's approval.
[R.O. 2016 § 131.070; R.O. 2011 § 131.070; Ord. No. 217 § 1, 6-7-2006]
Except in cases where they are not as restrictive as the City's purchasing regulations, applicable State and Federal laws shall supersede any regulations of the City of Twin Oaks concerning purchasing.
[R.O. 2016 § 131.080; R.O. 2011 § 131.080; Ord. No. 217 § 1, 6-7-2006]
No contract or purchase shall be subdivided to avoid the requirements of the City's purchasing policy.
[R.O. 2016 § 131.090; R.O. 2011 § 131.090; Ord. No. 217 § 1, 6-7-2006; Ord. No. 24-07, 5-1-2024]
Whenever possible in the purchasing of goods, supplies and services for use by the City of Twin Oaks, Missouri, the Purchasing Agent is encouraged and urged, to the greatest extent possible, to purchase such goods, supplies and services from businesses located within the boundaries of the City of Twin Oaks, Missouri, as long as the costs of said items are within ten percent (10%) of the prices for these same items offered elsewhere.
[R.O. 2016 § 131.100; Ord. No. 395 § 1, 5-15-2013]
A. 
Purpose. To allow personnel to purchase goods and services directly from vendors when those items are needed, but it is not expedient, practical, or desirable to have either a check or cash available when payment is demanded.
B. 
Issuance And Policy. The City Office may utilize only one (1) credit card which must be a bank credit card, such as MasterCard or VISA. No vendor cards shall be authorized. The Mayor of the Board must authorize and sign the application for the credit card. The City Clerk may authorize use of cards within the City Office. All employees issued a credit card must sign an acknowledgement form recognizing their responsibility to comply with the City's policy regarding credit cards.
C. 
Credit Limit. The appropriate credit limit for such card will be established by the Board of Aldermen by written policy. If a temporary increase is needed, the purchase must be authorized by the Mayor or the Board.
D. 
Use Of Credit Card. The use of this card is restricted to use for the benefit of the City of Twin Oaks to acquire goods and services which are appropriate for the conduct of the City business. No personal expenditures are allowed by employees with the credit cards, even if the intent is to repay the City at a future point.
E. 
Receipts. Credit card receipts must be submitted to the Purchasing Agent or his/her designee and must include supporting documentation, which clearly show what goods and services were purchased using the credit card.
[Ord. No. 481 § 13, 3-2-2016; Ord. No. 24-07, 5-1-2024]
[R.O. 2016 § 131.110; Ord. No. 482 § 1, 3-2-2016]
A. 
Definitions. For the purposes of this Section 145.120, certain terms and words are hereby defined as follows:
ALTERNATIVE CONSTRUCTION DELIVERY METHOD
Any project delivery method, other than a design-bid-build process, utilized to construct, reconstruct, improve, enlarge, alter, paint and decorate or make major repairs to any fixed work, the performance of which requires the payment of prevailing wage pursuant to State or Federal law, including design-build or any other alternative procurement method authorized by law.
DESIGN PROFESSIONAL CONTRACT
A contract for architectural, engineering or land surveying services relating to the design or construction of buildings, bridges, streets, sewers, viaducts, water mains or any structure or public improvement of any nature whatsoever to be erected upon lands belonging to the City, excluding those contracts in which the design professional services are provided pursuant to a design-build contract.
DESIGN-BUILD CONTRACT
A contract in which the design professional and construction services are contracted by a single entity known as the "design-builder," "design-build contractor" or a variant thereof, and which single entity is responsible for all of the work on the project.
QUALIFICATION-BASED SELECTION PROCESS
A solicitation process that includes consideration of the qualifications of anyone responding to a solicitation as the determinative criteria for selection.
REQUEST FOR PROPOSALS
A written invitation by the City for persons to submit an offer subject to subsequent negotiations with the City and subject to subsequent additions, deletions, modifications to the request for proposal specifications or any subsequent contract.
STATEMENT OF QUALIFICATIONS
A statement submitted by a prospective contractor detailing a prospective contractor's experience, financial capacity, key personnel, and other information pertinent to a particular project.
B. 
Prerequisite Criteria. In selecting an alternative construction delivery method and awarding a contract, the City shall consider the following factors:
1. 
The needs of the City;
2. 
Time requirements for the project and potential time-saving strategies;
3. 
The complexity of the project;
4. 
Estimated project costs;
5. 
Cost savings to the City;
6. 
Private investment and financial contributions that could be leveraged to complete the project;
7. 
The likelihood that the use of an alternative procurement method will diminish competition for City contracts; and
8. 
Any other factor found to be in the City's best interest.
C. 
Factors In Determining To Whom To Award A Contract.
1. 
The City shall consider the following factors:
a. 
The cost submitted or proposed by the contractor;
b. 
The reputation of the contractor;
c. 
The quality of the contractor's goods or services;
d. 
Previous relevant experience and technical capabilities of the contractor;
e. 
The extent to which the contractor's goods or services meet the City's needs;
f. 
The contractor's past relationship with the City;
g. 
Any private investment or contribution, financial or otherwise, proposed by the contractor to complete the project; and
h. 
Any other relevant factor specifically listed in the solicitation of bids or request for proposals.
2. 
If the contract is awarded by a party other than the City pursuant to a cooperative agreement between that party and the City, the party awarding the contract shall consider, at a minimum, the same factors listed in this Subsection.
D. 
Design Professional Contracts.
1. 
A selection shall be made based on the qualification-based selection process. A qualification-based selection shall be made based upon the statement of qualifications that was required to be submitted and any supplement thereto as requested by the City.
2. 
The process for making the qualification-based selection shall be used when it is determined that the estimated dollar value of the design professional contract is over fifty thousand dollars ($50,000.00) or when the Board of Aldermen otherwise determines it will use this process; provided, however, that the failure to utilize the applicable process shall not invalidate any public improvement procurement or any contract.
3. 
The City may convene a selection committee, which committee shall rank the firms from most to least qualified and then submit this list as a recommendation to the Board of Aldermen for consideration. The committee shall be comprised of at least three (3) and no more than five (5) persons which may include the City Mayor, City Clerk and the architect and/or engineer acting as the City's consultant on the project.
4. 
The Board of Aldermen or its designee shall thereafter negotiate a contract for the project with the firm selected as most qualified. If the City is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The City shall then undertake negotiations with another of the qualified firms selected. If there is no agreement with the second firm, negotiations with such firm shall be terminated. The City shall then undertake negotiations with the third qualified firm. If the City is unable to negotiate a contract with any of the selected firms, the City shall reevaluate the necessary architectural, engineering or land surveying services, including the scope and reasonable fee requirements, and again conduct a qualification-based selection process. Notwithstanding the foregoing, nothing herein shall obligate the City to undertake any negotiations if the City shall have determined to terminate the solicitation for any or no reason.
E. 
Design-Build Contracts.
1. 
A selection shall be made based on the qualification -based selection process. A qualification-based selection shall be made based upon the statement of qualifications that was required to be submitted.
2. 
The process for making the qualification-based selection shall be used when the Board determines that the estimated dollar value of the design-build contract is over fifty thousand dollars ($50,000.00) or when the Board of Aldermen otherwise determines it will use this process; provided, however, that the failure to utilize the applicable process shall not invalidate any public improvement procurement or any contract.
3. 
The City may convene a selection committee, which committee shall rank the firms from most to least qualified and then submit this list as a recommendation to the Board of Aldermen for consideration. The committee shall be comprised of at least three (3) and no more than five (5) persons which may include the City Mayor, City Clerk and the architect and/or engineer acting as the City's consultant on the project.
4. 
The Board of Aldermen or its designee shall thereafter negotiate a contract for the project with the firm selected as most qualified. If the City is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The City shall then undertake negotiations with another of the qualified firms selected. If there is no agreement with the second firm, negotiations with such firm shall be terminated. The City shall then undertake negotiations with the third qualified firm. If the City is unable to negotiate a contract with any of the selected firms, the City shall reevaluate the scope of the project and again conduct a qualification-based selection process. Notwithstanding the foregoing, nothing herein shall obligate the City to undertake any negotiations if the City shall have determined to terminate the solicitation for any or no reason.
F. 
Nothing herein shall require the City to seek qualifications for design professional contracts. The Board of Aldermen may contract for design professional services with a single design professional based on prior work history with the City or other similar reasons as provided in Section 145.070(E).
[Ord. No. 25-03, 3-5-2025]
A. 
Purpose. This Section is to set forth the City of Twin Oaks' administrative policy for:
1. 
The transfer and disposition of surplus property, equipment and materials; and
2. 
Scrapping and recycling of scrap and recyclable surplus property, equipment and materials and disposing of same.
The policy strives to ensure the receipt of all revenues from the disposal of surplus property, equipment and materials and scrap or recyclables as well as to explain disciplinary consequences which may result should an employee violate the policy and procedures set forth below.
B. 
Definitions.
PUBLIC AGENCY
The State of Missouri or any agency or subdivision thereof, including any City, County, Village, special district, or school district.
SCRAP or RECYCLABLES
Surplus property that:
a. 
May be reused "as is" or after repair; or
b. 
May be salvaged for its mineral value after treatment or processing.
SCRAPPING and RECYCLING
The act of transferring discarded surplus property, including scrap or recyclables, to a vendor for use, salvage, or resale.
SURPLUS PROPERTY
Any City property, equipment or material that is no longer needed or usable by the City. For purposes of this policy all surplus property including scrap, recyclables, trash, and/or junk disposed, discarded or abandoned on City premises, including all surplus property placed in storage or collection containers of any kind, including containers or facilities located on premises leased from the City by City tenants, is hereby deemed to be City property and not property of any City employee.
TRASH or JUNK
Surplus property which has no practical salvage or recyclable value.
C. 
Methods Of Transfer And Disposition.
1. 
All surplus property is disposed of "as is" and "where is," with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the property offered unless expressly authorized by the Board of Aldermen.
2. 
Approved Methods Of Disposition Of Surplus Property.
a. 
Trade-In. Surplus property may be offered as a trade-in for credit toward the acquisition of new property.
b. 
Return To Manufacturer. Surplus property may, when possible, be returned to the manufacturer for buy-back credit.
c. 
Disposal. Surplus property may be offered for sale by the City. Appropriate methods of sale are as follows:
(1) 
Auction. Surplus property may be sold at public auction. Auctions may be conducted by City staff, or the City may contract with a professional auctioneer, or, more likely, an online auction site.
(2) 
Sealed Bids. Sealed bids may be solicited for the sale of surplus property. Surplus property disposed of in this manner shall be sold to the highest responsible bidder.
(3) 
Selling For Scrap. Surplus property may be sold as scrap if the City deems that the value of its parts exceeds the value of the surplus property.
(4) 
No Value Item. Where the City determines that property is surplus and of minimal value to the City due to spoilage, obsolescence, or other cause or where the City determines that the cost of disposal of such property would exceed the recovery value, the City shall dispose of the same in such a manner as they deem appropriate and in the best interest of the City.
d. 
Donation. At the Board's sole discretion, surplus property may be donated to another public agency. Donations shall not be made to private (non-public) entities or individuals.
D. 
Plan For Disposal Or Destruction. The following is the plan of the City for disposal or destruction of surplus property.
1. 
Personal Property.
a. 
Estimated Market Value Exceeding Five Thousand Dollars ($5,000.00) — Board-Directed Disposal (Authorized).
The method of disposition of surplus property with an estimated market value exceeding five thousand dollars ($5,000.00) per item shall be determined specifically by the Board of Aldermen and may include auction, advertisement for bids, donation, etc.
b. 
Estimated Market Value Of Five Thousand Dollars ($5,000.00) — Purchasing Agent-Directed Disposal (Authorized).
(1) 
The Purchasing Agent may direct the disposition of surplus property with an estimated market value not to exceed five thousand dollars ($5,000.00) per item.
(2) 
The Purchasing Agent's disposition of surplus property may include:
(a) 
All surplus property not needed by the City may be offered for sale for the highest estimated market value. Surplus property may be sold by public auction, electronic auction site, or sealed bid.
(b) 
Surplus property may be donated or sold at less than estimated market value to a public agency.
(3) 
Scrapping/Recycling/Junking.
(a) 
Such activities may involve the sale of surplus property at public auction, electronic auction or through sealed bids to public bodies, organizations, or vendors including scrap dealers or recycling centers.
(b) 
It is the policy of the City that no employee may engage in any sale, scrapping or recycling or other disposal of City property, as defined herein, unless specifically directed to engage in such activity by the Purchasing Agent who has been lawfully and duly authorized and designated to direct such activity.
(4) 
Any disposal of surplus property authorized by the Purchasing Agent [five thousand dollars ($5,000.00) or less] shall be reported to the Board of Aldermen as an item for the Board's information on its agenda.
2. 
Real Estate. All activity involving the declaration and sale of surplus real estate shall require authorization by the Board of Aldermen regardless of the actual or estimated value.
3. 
Accounting. Upon any sale, donation, recycling, and/or scrapping of City property, the entire proceeds from any such activity shall be deposited into the appropriate fund.
4. 
No Personal Gain. Selling, donating, scrapping, recycling, or disposing of City property, as defined herein (regardless of monetary value), by City employees for personal gain or to benefit the interest of any person or party other than the City, including handling or disposal of trash or junk except as directed by City management person(s) lawfully and duly authorized and designated to direct such activity, is strictly forbidden.
5. 
Unauthorized Disposition. City employees are prohibited from claiming ownership of, giving away, recovering, or salvaging for personal use, or the use or interest of any person other than the City, any materials abandoned, disposed or stored upon City premises, including trash or other materials, placed in, upon or in the vicinity of recycling or collection cans, dumpsters or bins located on City premises, or collection or debris piles, or other City storage or disposal facilities or refuse sites, and including any such facility or site belonging to any City tenant. Furthermore, City employees are prohibited from taking possession of any surplus property or the proceeds from the sale of surplus property designated for disposal as trash, scrap, or as recyclables, except as lawfully authorized by persons designated with such authority by the Purchasing Agent. This prohibition includes giving any such surplus property or the proceeds from the sale of such surplus property to any person or party other than for the duly authorized benefit and interest of the City, or authorizing any other person or party to accept, receive or take any such surplus property to benefit their own interest, except as provided hereinabove.
E. 
Procedures.
1. 
All surplus property is disposed of "as is" and "where is," with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the property offered unless specified by the Board of Aldermen. It is critical to maintain a trail of documentation for audit purposes regarding the disposition of property of the City.
2. 
The Purchasing Agent or his/her designee is authorized to declare personal property, equipment, and materials surplus.
a. 
Identifying Excess Personal Property. The Purchasing Agent is responsible to identify excess property regularly. The Purchasing Agent will evaluate the operational status of the excess property and notify the Board of Aldermen in writing.
b. 
Surplus Property For Trade-In Or Return To Manufacturer.
(1) 
The City may offer property for trade-in toward the purchase of new property and equipment with the approval of the Purchasing Agent. The Purchasing Agent will attach trade-in information to the procurement documents.
(2) 
The City may offer property and equipment for buy-back credit to the manufacturer with approval of the Purchasing Agent.
(3) 
All trade-ins and credits shall be accounted for as it is critical for budgeting and asset tracking.
If surplus property is to be applied to a purchase order, the trade-in value and/or credit shall be itemized on the purchase order. The amount charged against the appropriation code will be the value of the purchase before application of the trade-in credit.
c. 
Valuation Of Surplus Property.
(1) 
Excess property that is not used for trade-in or manufacturer's credit will be declared surplus.
(2) 
For surplus property with an estimated market value in excess of five thousand dollars ($5,000.00), the method of disposal will be determined by the Board of Aldermen.
(3) 
The Purchasing Agent will determine the estimated market value and the most fiscally advantageous method of disposal.
(a) 
In determining the estimated market value, the Purchasing Agent shall document the methods used to make such determination including tools such as Kelly Blue Book, classified advertisements, internet search and/or local vendors with similar products available.
(b) 
The estimated market value should consider a computation of expenses associated with the disposal of surplus property. These expenses may include advertising, auction fees, storage, and other costs.
(c) 
For surplus property in volume with unit values less than two thousand five hundred dollars ($2,500.00), if the aggregate total of' the property exceeds two thousand five hundred dollars ($2,500.00), then estimated market value will be by group.
d. 
Method Of Disposal. Sale of surplus property shall be to the highest bidder or for the highest market value and may be disposed of by sale by auction or sealed bid.
(1) 
Auction. Surplus property may be sold by an online auction site such as govdeals.com or similar platform. Alternatively, a public auction may be conducted by City staff, or the City may contract with a professional auctioneer.
(a) 
Sale of surplus property at public auction conducted by City staff must be after giving publication in the official newspaper of the City no later than ten (10) days prior to such auction. The Purchasing Agent shall reserve the right to reject any and all bids received for any item.
(b) 
In the event the Purchasing Agent rejects all such bids so received, the item may not be disposed of for a lesser value of the lowest bid rejected.
(2) 
Sealed Bid. Sealed bids may be solicited for the sale of surplus property. The Purchasing Agent shall reserve the right to reject any and all bids received for any item.
(a) 
In the event the Purchasing Agent rejects all such bids so received, the item may not be disposed of for a lesser value of the lowest bid rejected.
(3) 
Selling For Scrap. Surplus property may be sold as scrap if the Purchasing Agent deems that the value of its parts exceeds the value of the surplus property as a whole after approval of the Board of Aldermen. For-profit vendors shall include scrap dealers and recycling centers.
(4) 
No Value Item. Where the Purchasing Agent determines that property is surplus and of minimal value to the City due to spoilage, obsolescence, or other cause or where the department head determines that the cost of disposal of such property would exceed the recovery value, he/she shall dispose of the item in such a manner as they deem appropriate and in the best interest of the City considering the ability to recycle. Disposal of no value items must be approved by the Board of Aldermen.
(5) 
Donation. Surplus property may be donated to any other public agency. Donations must be approved by the Board of Aldermen.
e. 
Accounting For The Disposition Of Surplus Property. The Purchasing Agent shall make or cause to be made adjustments to City inventories/assets lists showing the disposition of excess property. Copies of all records documenting the surplus property process will be kept on file with the City Clerk.
f. 
Transfer Of Ownership And Title. Delivery of the surplus property together with transfer of ownership and title passes upon receipt of the proceeds. The Purchasing Agent shall cause licenses and title documents to be executed and transferred upon verification of receipt of funds.
g. 
Surplus Property And Employees. City employees shall not bid on or be the purchasers of any surplus real or personal property of the City. This disqualification shall extend to the immediate family members of such employees and any third persons acting at the direction or request of a disqualified employee where the purchase or sale is intended for the benefit of such employee. Exceptions to this policy will only be made at the direction of the Board of Aldermen.