[R.O. 2004 § 135.010; CC 1986 § 25.010]
The City Clerk is designated as purchasing agent for the City.
When authorized, he/she shall procure for the City bids for supplies
and services needed by the City in accordance with the procedures
required by law or as prescribed by the City Board of Aldermen.
[R.O. 2004 § 135.020]
A.
No officer or employee of the City shall:
1.
Perform any service for the City for any consideration other
than the compensation provided for the performance of his/her official
duties; or
2.
Sell, rent or lease any property to the City for consideration
in excess of five hundred dollars ($500.00) per transaction or five
thousand dollars ($5,000.00) per annum unless the transaction is made
pursuant to an award on a contract let or a sale made after public
notice and, in the case of property other than real property, competitive
bidding, provided that the bid or offer accepted is the lowest received;
or
3.
Attempt, for any compensation other than the compensation provided
for the performance of his/her official duties, to influence the decision
of the City on any matter; except that, this provision shall not be
construed to prohibit such person from participating for compensation
in any adversary proceeding or in the preparation or filing of any
public document or conference thereon.
[R.O. 2004 § 135.030]
All elected and appointed officials as well as employees of
the City shall comply with Section 105.454, RSMo., on conflicts of
interest as well as any other State law, or ordinance of the City
governing official conduct.
[R.O. 2004 § 135.040; CC 1986 § 25.040]
[R.O. 2004 § 135.050]
No officer or employee of the City shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person who to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee accept any gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of his/her duties any improper favor, service or thing of value. Purchase of a meal shall not be a valuable gift. The prohibition against gifts or favors shall not apply to an occasional non-pecuniary gift, insignificant in value, or an award publicly presented in recognition of public service, or any gift which would have been offered or given if he/she were not an officer or employee. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section 100.220 of this Code.
[R.O. 2004 § 135.060; Ord. No.
233 § 1, 2-10-2014]
A.
All purchases of and contracts for supplies and services needed by
the City of Duquesne when the estimated cost thereof shall not exceed
one thousand five hundred dollars ($1,500.00), may be made on the
open market and without competitive bids by the Mayor or such Aldermen,
officers or employees as the Board of Aldermen may from time to time
designate; when the estimated cost exceeds one thousand five hundred
dollars ($1,500.00), but does not exceed three thousand dollars ($3,000.00),
such purchases may be made on the open market and without competitive
bids, but only with the approval of the Board of Aldermen; when the
estimated cost exceeds three thousand dollars ($3,000.00), such purchase
shall be made only after competitive bids after due notice inviting
bids and with the approval of the Board of Aldermen.
B.
"Contractual services" as used in this Section shall not include
professional and other contractual services which are in their nature
unique and not subject to competition.
[Ord. No. 155 § 1, 9-13-2010]
A.
Preference may be given to vendors or contractors who produce, manufacture
or market goods and/or services within the City of Duquesne, Missouri,
if the quality and price are comparable with all other goods and/or
services offered to the City and all other factors to be considered
in the bid award process are equal. 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.
B.
A vendor or contractor is considered to be local if its principal
place of business is located within the City of Duquesne, Missouri,
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 City. 'Local'
shall not include the following:
C.
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:
1.
If a local bidder is within five percent (5%) of the lowest
bid from a non-local bidder on a bid or proposal that is below three
thousand dollars ($3,000.00), and within three percent (3%) on such
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), 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).
2.
3.
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 vendor preference policy.
[Ord. No. 169, 6-2-2011]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Mayor may authorize the purchase
at the lowest obtainable price, of any supplies or contractual services
regardless of the amount of expenditure. A full explanation of the
circumstances of an emergency purchase shall be recorded in the journal
of the Board of Aldermen.
[Ord. No. 378, 8-13-2018; Ord. No. 437, 8-10-2020]
A.
Each City Official, Board of Aldermen, Chief Administrative Officer,
if one is so designated, Chief Purchasing Officer, if one is designated,
and the general counsel, if one is employed full-time, shall disclose
in writing any of the following transactions if they have occurred
during the calendar year:
1.
For all such persons and any persons within the first degree
of consanguinity or affinity of such person, the date and identities
of any transaction with a total value in excess of five hundred dollars
($500.00) that such person had with the City of Duquesne, other than
compensation received as an employee or any payment of tax, fee, or
penalty due to the City, or any other transfers for no consideration
to the City of Duquesne.
2.
The date and identities of the parties to each transaction known
to the above persons required to file this disclosure with the total
value in excess of five hundred dollars ($500.00), if any, that any
business entity in which such person had a substantial interest with
the City of Duquesne other than the payment of any tax, fee, or penalty
due to the City of Duquesne, or any transactions involving payment
for utility service to the City of Duquesne. Any Chief Administrative
Officer or Chief Purchasing Officer shall comply with Section 105.485,
Sections (1), (2) and (6) of Subsection (2), RSMo.
3.
Duplicate disclosures of the above designated shall be filed
with the City Clerk before the end of each calendar year.
