City of Duquesne, MO
Jasper County
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Table of Contents
Table of Contents
[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]
Any person who violates the provisions of Section 135.020 or Section 135.030 shall upon conviction thereof be punished as provided in Section 100.220 of this Code.
[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:
1. 
Those businesses with only a local post office box; or
2. 
Those businesses with a sales presence in the said City, but no physical business location within the said City; or
3. 
Home based businesses that merely take orders for products shipped from out-of-town to their customers.
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. 
The local purchasing preference policy shall not apply in the following instances:
a. 
When the purchases and/or contracts are funded in whole or in part by Federal funds.
b. 
When such preference is in conflict with any applicable State or Federal laws, rules or regulations.
c. 
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.
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]
A. 
Each City Official, Board of Aldermen, Chief Administrative Officer, if one is 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 had 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.