02-21-2012 City Council Study Session PacketCity of Grand Island
Tuesday, February 21, 2012
Study Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
T
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7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Linna Dee Donaldson
Scott Dugan
Randy Gard
John Gericke
Peg Gilbert
Chuck Haase
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item -1
Presentation by Almquist, Maltzahn, Galloway, & Luth for Fiscal
Year 2011 City Single Audit and General Purpose Financial
Statements and Electric and Water Audit Reports
Terry Galloway from Almquist, Maltzahn, Galloway & Luth will present the Fiscal Year 2011
City Single Audit and General Purpose Financial Statements and Electric and Water Audit
Reports.
Tuesday, February 21, 2012
Study Session
City of Grand Island
Staff Contact: Jaye Monter
City of Grand Island City Council
To the Honorable Mayor and City Council
City of Grand Island
Grand Island, Nebraska
The City’s audit firm, Almquist Maltzahn Galloway & Luth, presented a list of Other Audit
Findings or Issues in their letter issued to the Council dated February 4, 2012. These are matters
that the auditors believe should be considered. Below is that list with responses from the City.
1. At September 30, 2011, the certificates of deposit were understated by $48,651 and the
accrued interest receivable was overstated by an offsetting amount. We recommend
adjusting the CD balances as the banks add interest to the accounts.
Response: In order to create this change , the Finance Department will need to contact
the various certificate of deposit institutions and have them notify the city of accrued
interest earnings on each certificate of deposit. We believe we can implement this
process to satisfy this recommendation for the next audit year.
2. We recommend that you withdraw the excess funding amounts from the Police and Fire
Defined Benefit Plans related to the Pre-84 employees.
Response: The City plans to continue funding employer contributions to the defined
contribution plans with the excess contributions in the defined benefit plans. Over time,
this will draw the excess funding amounts down.
3. During our Single Audit procedures, we noted that the final financial report for the
Community Revitalization grant (08-CR-002) did not match the city’s financial records
or the final draw down submitted to the Nebraska Department of Economic Development.
After further examination, we noted that the final financial report showed that the city
received $6,428 more than they actually did. This related to expenses that should have
been reimbursed, but were never submitted. We recommend that all drawdowns and
grant financial reports be reconciled to the City’s financial records before the reports are
submitted.
Response: This finding discovered during preliminary audit work warranted city
administration and the city council to amend the city code and transfer the Community
Development Division and its personnel to the Finance Department. This change will
achieve improved internal controls with finance overseeing all submission of grant
drawdowns and reporting to insure all grant reporting will match the city’s financial
records.
4. During our Single Audit procedures, we noted that matching funds for grants are being
compiled after the grant has been closed out. We recommend that matching funds be
compiled on a regular (monthly) basis in order to ensure that there will be no deficiency
in matching funds that could cause the city to repay a portion of the grant.
Response: This was the second finding discovered during preliminary audit work which
added to the justification of city administration and the city council to amend the city
code to transfer the Community Development Division and its personnel to the Finance
Department. Processes are being put into place to properly record all matching funds as
they are incurred.
5. We suggest you consider the benefits of using an Internal Auditor.
Response: This is an issue that has been discussed internally and will be brought
forward as a recommendation during the 2013 budget process.
This information is intended solely for the use of the City Council and management of the City
of Grand Island and is not intended to be and should not be used by anyone other than these
specified parties.
Jaye Monter
Interim Finance Director
Grand Island, Nebraska
February 4, 2012
Grand Island, Nebraska
February 4, 2012
Item -2
Presentation of Fiscal and Investment Policies
Tuesday, February 21, 2012
Study Session
City of Grand Island
Staff Contact: Jaye Monter
City of Grand Island City Council
Council Agenda Memo
From: Jaye Monter, Finance Director
Meeting: February 21, 2012
Subject: Fiscal Policies, Investment Policies, Procurement Code
Item #’s: 2
Presenter(s): Jaye Monter, Finance Director
Jason Eley, Attorney
Background
The fiscal policies were approved by council in January of 1992 and then updated by
former Finance Director Dave Springer in March of 2006.
Discussion
This Study Session will give council a broad overview of our current fiscal and
investment policies and the City Code Section Chapter 27 Procurement.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to
be answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring possible updates to these policies at a
future council meeting.
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CITY OF GRAND ISLAND
FISCAL POLICIES MANUAL
I. INTRODUCTION:
The fiscal policies outlined in this document and the supplements are intended to be:
1. Fully consistent with the Mission and Purpose Statement for the City Of Grand Island. “Enhance the
quality of life in the Grand Island Community, to recognize the vitality and diversity of our
neighborhoods, and to promote development by providing effective and responsive services through
vision, respect and courtesy.”
2. Enhance quality of life for Grand Island citizens by providing needed services while limiting growth in
government budget and size.
3. Make City government clearly and directly accountable to its citizens within the framework of inter-
governmental rights and responsibilities.
Fiscal Policies are used here to mean the combined policies of Grand Island City government with
respect to taxes and other fiscal resources, spending and debt management used in support of the
City's public services program. The budget process is the major vehicle for determining and
implementing the relevant policies. Fiscal policy applies management principles to social and
economic data in meeting budgetary objectives. Its purpose is to provide guidance for good public
practice in the planning and financing of public expenditures. Fiscal policy which is both realistic and
consistent provides useful guidance for the long-term programming of services and facilities. It
provides a set of assumptions under which budget and tax decisions should be made. While
established for the best management of governmental resources, fiscal policy also helps set the
parameters for governments' role in the broader economy of the community.
Policy formulation is the dual responsibility of the City Administrator, who develops policy
recommendations, Mayor, and the City Council, who reviews the recommendations and establishes
policy through the adoption of appropriate Ordinances and Resolutions.
The current fiscal policy is presented on the following pages under six broad policy headings: General
Financial Objectives, Accounting, Auditing, and Financial Reporting Policies, Investment Policies,
Capital Improvement Policies, Debt management Policies, and Communication and Disclosure Policies.
II. GENERAL FINANCIAL OBJECTIVES
The City of Grand Island’s general financial goals are stated as follows:
1) To maintain an adequate financial base for purposes of sustaining a prescribed level of services
as determined by the State, Mayor, and City Council.
2) To adhere to accounting and management practices as set by the Government Finance Officers'
Association (GFOA), statements issued by the Governmental Accounting Standards Board
(GASB), National Council of Government Accounting (NCGA) Statements, and American
Institute of Certified Public Accountants (AICPA) guidelines.
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3) To have the ability to respond to local and regional economic conditions, to adjust to
changes in the service requirements of our community, and to respond to changes in State and
Federal priorities and funding.
4) To maintain a maximum degree of financial flexibility by ensuring that the City is in a position
to respond to changes in the economy or new service challenges without an undue amount of financial
stress.
5) To promote fiscal conservation and to obtain the highest credit rating possible by insuring
that the City is at all times in a solid financial condition. This can be defined as:
a. Cash Solvency - the ability to pay current bills in a timely fashion.
b. Budgetary Solvency - the ability to balance the budget.
c. Long-run Solvency - the ability to pay future costs.
d. Service Level Solvency - the ability to provide needed and desired services.
6) To assure taxpayers that City government is well managed by using prudent financial
management practices and maintaining a sound fiscal condition.
III. ACCOUNTING, AUDITING AND FINANCIAL REPORTING
The goals of the Finance Department are fully consistent with the following stated budget and
accounting policies of the Grand Island City government. That is, to provide the best financial data
possible to allow Administrative and the general citizenry an understanding of the complete financial
circumstances surrounding public decision-making so the financial consequences of those decisions
can be properly assessed and the rational allocation of City resources be enhanced.
A. Accounting and Reporting Capabilities:
The City of Grand Island's governmental accounting system must make it possible:
· to present fairly and with full disclosure the financial position and results of financial
operations of the funds and account groups of the city in conformity with generally
accepted accounting principles as defined by the GASB, and
· To determine and demonstrate compliance with finance-related legal and contractual
requirements.
B. Fund Accounting:
The accounting system shall be organized and operated on a fund basis. A fund is defined as a fiscal
and accounting entity with a self-balancing set of accounts recording cash and other financial
resources, together with all related liabilities and residual balances, and changes therein, which are
segregated for the purpose of carrying on specific activities or attaining certain objectives in
accordance with special regulations or restrictions.
While conforming to legal requirements, only enough funds shall be established to provide for efficient
operations.
C. Fixed Assets and Long-Term Liabilities:
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Fixed assets shall be accounted for at cost or, if the cost is not practicably determinable, at estimated
cost. Donated fixed assets shall be recorded at their estimated fair market value at the time received.
Depreciation of general fixed assets shall be recorded in the accounts of individual funds.
D. Basis of Accounting
The basis of accounting will be determined to most efficiently measure financial position and operating
results.
E. Financial Reporting:
Appropriate interim financial statements and reports of financial position, operating results, and other
pertinent information shall be prepared to facilitate oversight, and where necessary or desired, for
external reporting purposes.
An annual financial report covering all funds of the reporting entity will be prepared following GASB
Statements and Standards set by FASB, and Government Auditing Standards set by the United States
General Accounting Office.
An independent public accounting firm shall perform an annual audit and will publicly issue an opinion
concerning the City's finances.
F. Budgeting:
The City of Grand Island shall prepare a comprehensive annual budget using the basis of accounting
determined in Section III-D covering all funds for each ensuing fiscal period.
The annual General Appropriations Act, when signed into law, establishes revenue,
expenditure/expense and obligation authority at the summary control level of total appropriations for all
funds. The City Administrator and the Finance Director shall exercise supervision and control of all
budgeted expenditures within these limits, holding expenses below appropriations or allowing over-runs
in individual line-items providing that at no time shall the net expenditures exceed the total
appropriation for that fund as originally authorized or amended by the Mayor and City Council.
The City Administrator may submit to the Mayor and City Council, a request for a supplemental
appropriation. This additional appropriation may be based on the receipt of funds unforeseen at the
time of the original budget or based upon emergency service needs required of the City.
No appropriations measure shall be submitted to or adopted by the Mayor and City Council in which
estimated total expenditures, including an accrued deficit, exceed estimated total revenues, including
an available surplus.
There are five appropriation types unless regulated otherwise by other statutes; Personnel costs
which include all employee compensation and benefit related expenses; Operating expenses which are
all expenses that are required for operations; capital expenditures for assets falling within the
Capitalization threshold; Debt Service which includes all debt related payments; and fund transfers.
No obligation shall be incurred against, and no payment shall be made from, any appropriation type
unless there is sufficient unencumbered balance in the appropriation and sufficient funds are or will be
available to meet the obligation.
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The Finance Director, after the end of each month, shall transmit to the Mayor and City Council a
report depicting the financial condition of budgeted operations, including, but not limited to:
1) A report of actual revenues by General Fund departments compared with
budgeted revenues.
2) A report of actual expenditures by General Fund departments compared with
authorized appropriations.
3) A statement of Cash Position for all funds with sources and uses of funds
compared to prior year and fiscal year-end.
4) A Sales Tax Analysis report with historical monthly receipts and annual
projection.
All appropriations are annual as authorized by the General Appropriations Act and the unexpended
portion shall lapse at year end. Encumbrances and appropriations carried forward shall be recorded
as a reservation of fund balance and the subsequent year's budget amended to provide authority to
complete these transactions, as defined in NCGA, Statement No.1.
Budgeting comparisons shall be presented in the financial statements as required by GASB and all
budgetary procedures shall conform to existing State Law.
The budget shall provide for adequate maintenance of the capital plant and equipment, and for their
orderly replacement.
The budget shall provide for adequate funding of the City's retirement programs.
The operating budget shall describe the major program goals to be achieved, and the services and
programs to be delivered for the level of funding provided.
IV. PURCHASING POLICIES:
The City Council establishes purchasing policies as detailed in the City Code.
Through the Procurement Code, the City of Grand Island is protected by various safeguards. The
Code sets requirements at certain cost levels for bidder security, payment and performance bonding.
Ethics for City officials and employees are also clearly established to prevent the acceptance of
gratuities and kickbacks, as well as, preventing any City official or employee financial gains from a
procurement contract.
The competitive bidding procedure for larger purchases defines any exceptions outlined by the Code
and gives basic instructions to user departments for day to day purchasing.
V. REVENUE AND INVESTMENT POLICIES:
Administration of Revenue and Investment Policies is the responsibility of the City Treasurer (Finance
Director) and the Finance Department. The two main objectives of the Finance Director in the role of
City Treasurer are the custodian of all City funds and the collector of receipts.
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The goals and objectives of the Treasurer's Office include:
· To guarantee the safety of City funds by adhering to statutory requirements regarding bonding
and placement of funds and maintaining a system of controls to monitor such activities.
· To maximize earnings on temporarily available funds by seeking the best available combination
of safety, interest rates, and lengths of short term investments.
· To conform to the guidelines and objectives as detailed in the Investment Policy document as
approved by council.
A. REVENUE POLICIES:
When exercising the City's tariff and taxing powers, the City will comply with the following principles:
1) Stability - A diversified and stable revenue system shall be maintained to ensure fiscal
health and absorb short run fluctuations in any one revenue source. Ongoing operating costs
should be supported by ongoing, stable revenue sources.
a. Cash balances should be used only for one-time capital expenditures, such as capital
equipment and improvements, or contingency accounts.
b. Ongoing maintenance costs should be financed through recurring operating
revenues.
2) Sufficiency - Fees should cover the full cost of issuance, administration and enforcement.
3) Efficiency - A fee should be levied in a way which can be easily and inexpensively
administered by the City and complied with by the taxpayer. A minimum of the revenue raised
through a fee or tax should be consumed in the process of raising it.
4) Simplicity - Charges and levies should be readily understood by the taxpayer and the
official. The amount of the charge or levy should be easily computed and verified.
5) Equitability - No arbitrary distinctions should be made among taxpayers or classes of
taxpayers. However, distinctions will be made when the City believes that such distinctions are
appropriate and will not have a disproportionate impact on taxpayers or a class of taxpayers.
6) Growth - Fees, charges or levies should not be excessive, so as to either discourage
reasonable economic growth or to place the City of Grand Island in a position of comparative
disadvantage with other communities. Revenues from growth or development should be
targeted to costs related to development or invested in improvements that will benefit future
residents or make future services provision more efficient.
7) Reliability and Continuity - Fluctuating federal and state grants should not be used to
fund ongoing programs. Grant applications to fund new service programs with State or
Federal funds shall be reviewed by the City, with significant consideration given to whether
locally generated funds will be required to support these programs when original funding is no
longer available. A minimum of locally generated revenues will be used to replace funding for
activities which are or have traditionally been the responsibilities of the Federal and State
governments.
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8) Full Cost Recovery - Where the City of Grand Island provides services on behalf of other
governmental jurisdictions, the City shall establish and maintain agreements and contracts with
those jurisdiction - including the Federal Government, the State of Nebraska, Hall County, joint
agencies, other counties and incorporated cities, and taxing districts - to ensure the City of
Grand Island is reimbursed for the full cost of those services.
9) Maximization - In order to maximize revenues, the City shall, to the fullest extent possible:
a. Aggressively collect revenues.
b. Establish all fees and use charges at levels related to recovery of full costs
incurred in providing the related services.
c. Review fees and user charges annually so as to provide for changes in rates to
keep pace with changes in the costs of providing services.
d. Charge fees for all services that benefit limited interests within the
community, except for human needs services to persons with limited ability to
pay.
e. Make revenue projections for three years and revise them annually.
B. INVESTMENT POLICIES:
Consistent with the Treasurers' Office stated goals and objectives, the City operates under the
following general investment policies:
1) The City analyzes the cash flow of all funds on a regular basis to ensure
maximum cash availability.
2) Market conditions and investment securities are reviewed on a regular basis to
determine the maximum yield to be obtained.
3) The City will invest as much of its idle cash as possible on a continuous basis. These
investments shall be in quality issues and in compliance with Council Resolutions and State
Statutes regarding investment requirements.
VI. CAPITAL IMPROVEMENT POLICIES:
A. General
1) A Fixed Asset Inventory of the City's physical assets and their conditions shall be developed
and maintained.
2) The Department Directors, in conjunction with the City Administrator, shall develop
a multi-year plan for capital improvements and update it annually. The Capital Improvement
Program shall identify estimated costs and funding sources for each capital project, as well as
the City Administrator's relative priority, before it is submitted to the Mayor and City Council for
review, modification and approval.
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3) City operating budgets shall provide for adequate facility maintenance and
operations. Ongoing maintenance funds shall be estimated and identified prior to making the
decision to undertake capital improvements.
4) The City shall make improvements to existing facilities and adopt non-capital
strategies to increase capacity prior to making recommendations for new facilities.
5) The City shall rehabilitate or replace structures which have service problems, safety
concerns, or are economically inefficient to operate.
B. Financing Capital Projects is categorized as follows, with financing as noted for each category:
1) Replacement - Capital expenditures relating to normal replacement of worn or
obsolete capital plant should be financed on a pay-as-you-go basis, with debt financing
considered where appropriate.
2) Expansion - Capital expenditures relating to the construction of new or
expanded facilities necessitated by growth should be financed primarily on a pay-as-you-go
basis, but when the new improvements can be determined to benefit the overall population in
the future, debt financing may be appropriate.
3) Unusual - Some capital expenditures for improvements enhance the quality of life in the
City of Grand Island and are consistent with the City's goals but cannot be categorized as
essential for the provision of basic services or maintenance of the useful life of existing
facilities. Source of funding shall be determined by looking to the ultimate beneficiary of each
capital improvement.
C. Prioritization of Capital Projects - Capital improvement needs are to be identified, categorized and
prioritized as follows:
1) First Priority: Essential Basic Services.
2) Second Priority: Essential Maintenance of Effort Services.
3) Third Priority: Essential Quality of Life Services.
4) Fourth Priority: Desirable Basic Services.
5) Fifth Priority: Desirable Maintenance of Effort Services
6) Sixth Priority: Desirable Quality of Life Services.
VII. DEBT MANAGEMENT POLICIES:
A. The following debt management policies shall be used to provide the general framework for planning
and reviewing debt proposals. The City recognizes that there are no absolute rules or easy formulas
that can substitute for a thorough review of all information affecting the City ‘s debt position. Debt
decisions should be the result of deliberate consideration of all factors involved.
B. The City of Grand Island will use debt financing when it is appropriate. It shall be judged
appropriate only when the following conditions exist:
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1) When non-continuous capital improvements are desired.
2) When it can be determined that future citizen's will receive a benefit from the
improvement.
C. The City may use short-term borrowing (Notes) to finance operating needs as a bridge between
maturity dates of long term investments, but reasonable forecasting should minimize this need.
However, interim financing in anticipation of a definite fixed source of revenue such as property taxes,
an authorized but unsold bond issue, or a grant is acceptable. Such tax, bond or grant anticipation
notes and warrants shall not:
1) Have maturities greater than 2 1/2 years;
2) Be rolled over for a period greater than one year; or
3) Be issued solely on the expectation that interest rates will decline from current levels.
D. Uses of Debt Financing:
1) Bond proceeds shall be limited to financing the costs of planning, design, land
acquisition, buildings, permanent structures, attached fixtures or equipment, and
infrastructures
2) Non-capital furnishings and supplies shall not be financed from bond proceeds.
3) Refunding bond issues designed to restructure currently outstanding debt is an
acceptable use of bond proceeds.
E. Taxpayer Equity - A significant proportion of the City's property tax payers and citizens should
benefit from projects financed by limited general obligation bonds. This principle of taxpayer equity
shall be a primary consideration in determining the type of projects selected for financing.
F. When the City of Grand Island utilizes long-term debt financing it shall ensure that the debt is
soundly financed by conservatively projecting the revenue sources that will be utilized to pay the debt.
VIII. COMMUNICATION AND DISCLOSURE POLICIES:
The City of Grand Island's primary financial reporting objectives are keyed to open communication and
full disclosure.
A. Financial reporting shall assist in fulfilling the City's duty to be publicly accountable and enable
users to assess that accountability.
B. Financial reporting shall assist users in evaluating the operating results of the City of Grand Island
for the year.
C. Financial reporting shall assist users in assessing the level of services that can be
provided by the City and its ability to meet its obligations as they become due.
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D. These primary objectives are divided further into six basic objectives; financial reporting
shall:
1) Provide information to determine whether current-year revenues were sufficient to pay for
current-year services.
2) Demonstrate whether resources were obtained and used in accordance with the City's
legally adopted budget; it shall also demonstrate compliance with other finance-related legal or
contractual requirements.
3) Provide information to assist users in assessing the service efforts, costs and
accomplishments of the City of Grand Island.
4) Provide information about sources and uses of financial resources and how the City
financed its activities and met its cash requirements.
5) Provide information necessary to determine whether the City's financial position
improved or deteriorated as a result of the year's operations.
6) Disclose legal or contractual restrictions on resources and risks of potential loss of
resources.
E. The City of Grand Island shall maintain good communications with bond rating agencies to inform
them about the City's financial condition. Each bond prospectus shall follow the Governmental Finance
Officers Association disclosure guidelines.
F. These objectives are not considered to be static. Revisions are to be expected as needs change or
as requirements for additional financial reporting information emerges.
IX. CODE OF PROFESSIONAL ETHICS:
A. City officials and employees are enjoined to adhere to legal, moral and professional standards of
conduct in the fulfillment of their professional responsibilities.
1) Personal Standards –
a. City officials and employees shall demonstrate and be dedicated to the highest
ideals of honor and integrity in all public and personal relationships to merit the respect, trust
and confidence of governing officials, other public officials, employees, and of the public.
b. They shall abide by approved professional practices and recommended
standards.
2) Responsibility as Public Officials City officials and employees shall recognize and be
accountable for their responsibilities as officials in the public sector.
a. They shall be sensitive and responsive to the rights of the public and its
changing needs.
b. They shall strive to provide the highest quality of performance and counsel.
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c. They shall exercise prudence and integrity in the management of funds in their
custody and in all financial transactions.
d. They shall uphold both the letter and the spirit of the constitution, legislation and
regulations governing their actions and report violations of the law to the appropriate
authorities.
3) Professional Development The City shall emphasize and support a program of
professional development. City officials and employees are expected to support programs to
enhance their competence and that of their colleagues. Public officials shall promote
excellence in the public service.
4) Professional Integrity Information - City officials and employees shall demonstrate
professional integrity in the issuance and management of information.
a. They shall not knowingly sign, subscribe to, or permit the issuance of any
statement or report which contains any misstatement or which omits any material fact.
b. They shall prepare and present statements and financial information pursuant to
applicable law and generally accepted practices and guidelines.
c. They shall respect and protect privileged information to which they have access by virtue
of their office.
d. They shall be sensitive and responsive to inquiries from the public and the
media, within the framework of state or local government policy.
5) Professional Integrity- Relationships
a. They shall exhibit loyalty and trust in the affairs and interests of the
government they serve, within the confines of this Code of Ethics.
b. They shall not knowingly be a party to or condone any illegal or improper
activity.
c. They shall respect the rights, responsibilities and integrity of their colleagues and other
public officials with whom they work and associate.
d. They shall manage all matters of personnel within the scope of their authority so that
fairness and impartiality govern their decisions.
e. They shall promote equal employment opportunities, and in doing so, oppose any
discrimination, harassment or other unfair practices.
6) Conflict of Interest - City officials and employees shall actively avoid the appearance of or
fact of conflicting interest.
a. They shall discharge their duties without favor and shall refrain from engaging in any
outside matters of financial or personal interest incompatible with the impartial and objective
performance of their duties.
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b. They shall not, directly or indirectly, seek or accept personal gain which would
influence, or appear to influence, the conduct of their official duties.
c. They shall not use public property or resources for personal or political gain.
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CITY OF GRAND ISLAND
Investment Policy
I. Governing Authority
Legality
The investment program shall be operated in conformance with federal, state, and other legal
requirements.
II. Scope
This policy applies to the investment of all funds, excluding the investment of employees’
retirement funds.
Pooling of Funds
Except for cash in certain restricted and special funds, the City will consolidate cash and reserve
balances from all funds to maximize investment earnings and to increase efficiencies with regard
to investment pricing, safekeeping and administration. Investment income will be allocated to the
various funds based on their respective participation and in accordance with generally accepted
accounting principles.
III. General Objectives
The primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield:
1. Safety
Safety of principal is the foremost objective of the investment program. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
a. Credit Risk
The City will minimize credit risk, which is the risk of loss due to the failure of the
security issuer or backer, by:
· Limiting investments to the types listed in Section VII of this Investment Policy
· Pre-qualifying the financial institutions, brokers/dealers, intermediaries, and advisors
with which the City will do business in accordance with Section V
· Diversifying the investment portfolio so that the impact of potential losses from any one
type of security or from any one individual issuer will be minimized.
b. Interest Rate Risk
The City will minimize interest rate risk which is the risk that the market value of
securities in the portfolio will fall due to changes in market interest rates, by:
· Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell securities on
the open market prior to maturity
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· Investing operating funds primarily in shorter term securities, money market mutual
funds, or similar investment pools and limiting the average maturity of the portfolio.
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet reasonably anticipated operating
requirements. This is accomplished by structuring the portfolio so that securities mature
concurrently with anticipated cash needs and a portfolio makeup that consists largely of
securities with active resale markets. Alternatively, a portion of the portfolio may be placed in
money market mutual funds or other short term funds.
3. Yield
The investment portfolio shall be designed with the objective of attaining a market rate of return,
taking into account the investment risk constraints and liquidity needs. Return on investment is
of secondary importance compared to the safety and liquidity objectives described above.
Securities shall generally be held until maturity with the following exceptions:
· A security with declining credit may be sold early to minimize loss of principal.
· A security swap to improve the quality, yield, or target duration in the portfolio.
· Liquidity needs of the portfolio require that the security be sold.
The City’s cash management portfolio shall be designed with the objective of meeting or exceeding
the average return on three month U.S. Treasury bills, the state investment pool, or the average
rate on Fed funds. These indices are considered benchmarks for lower risk investments. The
investment program shall seek to augment returns above this threshold, consistent with risk
limitations identified herein.
IV. Standards of Care
1. Prudence
The standard of prudence to be used by investment officials shall be the “prudent person”
standard. Investment officers acting in accordance with written procedures and this investment
policy and exercising due diligence shall be relieved of personal responsibility for an individual
security’s credit risk or market price changes, provided deviations from expectations are
reported in a timely fashion and the liquidity and the sale of securities are carried out in
accordance with the terms of this policy.
The “prudent person” standard states that, “Investments shall be made with judgment and
care, under circumstances then prevailing, which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the probable income to
be derived”.
2. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal
business activity that could conflict with the proper execution and management of the
investment program. Employees and investment officials shall disclose any material interests
in financial institutions with which they conduct business and further disclose any personal
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financial/investment positions that could be related to the performance of the investment
portfolio. Employees and officers shall refrain from undertaking personal investment
transactions with the same individual with whom business is conducted on behalf of the City.
3. Delegation of Authority
Authority to manage the investment program is granted to the Finance Director or Designee
and derived from City Code Section 2-34. Responsibility for the operation of the investment
program is hereby delegated to the City Treasurer, who shall act in accordance with
established written procedures and internal controls consistent with this investment policy. No
person may engage in any investment transaction except as provided under the terms of this
policy and the procedures established by the City Treasurer. The City Treasurer shall be
responsible for all transactions undertaken and shall establish a system of controls to regulate
the activities of subordinate officials.
V. Authorized Financial Institutions, Depositories, and Broker/Dealers
1. Authorized Financial Institutions, Depositories and Broker/Dealers
A list will be maintained of financial institutions and depositories authorized to provide
investment services. All financial institutions and broker/dealers who desire to become
qualified for investment transactions must supply the following as appropriate:
· Audited financial statement demonstrating compliance with state and federal capital
adequacy guidelines
· Proof of National Association of Securities Dealers (NASD) certification (not applicable
to Certificate of Deposit counterparties)
· Proof of state registration
· Evidence of adequate insurance coverage
An annual review of the financial condition and registration of all qualified financial
institutions and broker/dealers will be conducted by the investment officer.
2. Minority and Community Financial Institutions
From time to time, the investment officer may choose to invest in instruments offered by
minority and community financial institutions. In such situations, a waiver to certain parts of the
criteria under Paragraph 1 may be granted. All terms and relationships will be fully disclosed
and reported prior to purchase and be approved by the appropriate legislative or
governing body in advance and be consistent with state or local law.
VI. Safekeeping and Custody
1. Delivery vs. Payment
All trades of marketable securities will be executed by delivery vs. payment (DVP) to
ensure that securities are deposited in an eligible financial institution prior to the release
of funds.
2. Safekeeping
Securities will be held by an independent third party custodian selected by the entity as
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evidenced by safekeeping receipts in the City’s name.
3. Internal Controls
The City Treasurer is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the City are protected from loss, theft or
misuse. Details of the internal controls system shall be documented in an investment
procedures manual and shall be reviewed and updated annually. The concept of
reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived and (2) the valuation of costs and benefits requires estimates
and judgments by management.
The internal controls structure shall address the following points:
· Development of a wire transfer agreement with the lead bank and third party
custodian
· Control of collusion
· Separation of transaction authority from accounting and recordkeeping
· Custodial safekeeping
· Clear delegation of authority to subordinate staff members
· Written confirmation of transactions for investments and wire transfers
Accordingly, the investment officer shall assure comp liance with policies and procedures
through the City’s annual independent audit.
VII. Suitable and Authorized Investments
1. Investment Types
Consistent with the GFOA Policy Statement on State and Local Laws Concerning
Investment Practices, the following investments will be permitted by this policy and are
those defined by state and local law where applicable:
· U.S. Treasury obligations which carry the full faith and credit guarantee of the
United States government;
· U.S. government agency and instrumentality obligations that have a liquid market
with a readily determinable market value;
· Certificates of deposit and other evidence of deposit at financial institutions,
· Bankers’ acceptances
· Commercial paper, rated in the highest tier (e.g., A-1, P-1, F-1 or D-1 or higher) by
a nationally recognized rating agency;
· Investment-grade obligations of state, provincial and local governments and public
authorities;
· Repurchase agreements whose underlying purchased securities consist of the
aforementioned instruments;
· Money market mutual funds regulated by the Securities and Exchange
Commission whose portfolios consist only of dollar denominated securities; and
· Local government investment pools either state administered or developed
through joint powers statutes and other intergovernmental agreement legislation.
Investments in derivatives of the above instruments shall not be entered into.
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2. Collateralization
Where allowed by state law and in accordance with the GFOA Recommended Practices
full collateralization will be required on all demand deposit accounts, including checking
accounts and non negotiable certificates of deposit.
VIII. Investment Parameters
1. Diversification
Investments shall be diversified by:
· Limiting investments to avoid an over concentration in securities from a specific
issuer or business sector (excluding U.S. Treasury securities).
· Limiting investment in securities that have higher credit risks,
· Investing in securities with varying maturities, and
For cash management funds:
· Liquidity shall be assured through practices ensuring that the next distribution date
and payroll date are covered through maturing investments.
· Positions in commercial paper shall be limited in case of default.
· Risk of market price volatility shall be controlled through maturity diversification.
· The investment officer shall establish strategies and guidelines for that portion of
the total portfolio that may be invested in securities other than repurchase
agreements, Treasury bills or certificates of deposit. These guidelines shall be
reviewed periodically.
2. Maximum Maturities
To the extent possible, the City shall attempt to match its investments with anticipated
cash flow requirements. Unless matched to a specific cash flow, the City will not directly
invest in securities maturing more than five (5) years from the date of purchase.
3. Competitive Bids
The investment office shall obtain competitive bids from at least two brokers or financial
institutions on purchases of investment instruments purchased on the secondary market.
IX. Reporting
The investment officer shall prepare a quarterly investment report that provides a status of the
current investment portfolio. The report should be provided to the City Administrator and Mayor
and include a listing of securities held at the end of the reporting period by maturity date, their
rate of return, and securities pledged on their behalf.
An annual report on the investment program and investment activity should be included within
the annual Financial Audit Report.
X. Policy Considerations
Any investment currently held that does not meet the guidelines of this policy shall be temporarily
exempted from the requirements of this policy. Investments must come in conformance with the
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policy within six months of the policy’s adoption or the governing body must be presented with a
plan through which investments will come into conformance.
XI Approval of Investment Policy
The investment policy shall be formally approved and adopted by the governing body of the City.
Item -3
Presentation of Procurement Policy
Tuesday, February 21, 2012
Study Session
City of Grand Island
Staff Contact: Jason Eley
City of Grand Island City Council
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CHAPTER 27
PROCUREMENT
Article I. General Provisions
§27-1. Purpose
The purpose of this chapter is to provide for the fair and equitable treatment of all persons involved in
public purchasing by the City to maximize the purchasing value of public funds in procurement, and to provide
safeguards for maintaining a procurement system of quality and integrity.
§27-2. Application
This chapter applies to contracts for the procurement of supplies, services, and construction, entered into by
the City after August 1, 1991, unless the parties agree to its application to contracts entered into prior to the effective
date. It shall apply to every expenditure of public funds by a public agency for public purchasing, irrespective of the
source of the funds. When the procurement involves the expenditure of federal assistance or contract funds, the
procurement shall be conducted in accordance with any mandatory applicable federal law and regulations. Nothing
in this chapter shall prevent any public agency from complying with the terms and conditions of any grant, gift, or
bequest that is otherwise consistent with law.
§27-3. Definitions
Architect, Engineer and Land Surveying Services. Those professional services within the scope of the
practice of architecture, professional engineering, or land surveying, as defined by the laws of the State of Nebraska.
Blind Trust. An independently managed trust in which the employee-beneficiary has no management rights
and in which the employee beneficiary is not given notice of alterations in, or other dispositions of, the property
subject to the trust.
Brand Name or Equal Specification. A specification limited to one or more items by manufacturers' names
or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to
meet City requirements, and which provides for the submission of equivalent products.
Brand Name Specification. A specification limited to one or more items by manufacturers' names or
catalogue numbers.
Business. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture,
or any other private legal entity.
Change Order. A written order signed and issued by the purchasing agent, directing the contractor to make
changes which the "Changes" clause of the contract authorizes the purchasing agent to order without the consent of
the contractor.
Contract Modification (bilateral change). Any written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action
of the parties to the contract.
Confidential Information. Any information which is available to an employee only because of the
employee's status as an employee of the City and is not a matter of public knowledge or available to the public on
request.
Construction. The process of building, altering, repairing, improving, or demolishing any public structure
or building, or other public improvements of any kind to any public real property. It does not include the routine
operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
Contract. All types of City agreements, regardless of what they may be called, for the procurement of
supplies, services, or construction.
Contractor. Any person having a contract with the City or a using agency thereof.
Cost Analysis. The evaluation of cost data for the purpose of arriving at costs actually incurred or estimates
of costs to be incurred, prices to be paid, and costs to be reimbursed.
Cost Data. Factual information concerning the cost of labor, material, overhead, and other cost elements
which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.
Cost-Reimbursement Contract. A contract under which a contractor is reimbursed for costs which are
allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee or profit,
if any.
Direct or Indirect Participation. Involvement through decision, approval, disapproval, recommendation,
preparation of any part of a purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity.
Disadvantaged Business. A small business which is owned or controlled by a majority of persons, not
limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a
competitive position in the economy because of social disadvantages.
Employee. An individual drawing a salary or wages from the City, whether elected or not; any
noncompensated individual performing personal services for the City, or any department, agency, commission,
council, board, or any other entity established by the executive or legislative branch of the City; and any
noncompensated individual serving as an elected official of the City.
Financial Interest. (a) Ownership of any interest or involvement in any relationship from which, or as a
result of which, a person within the past year has received, or is presently or in the future entitled to receive, more
than $100 per year, or its equivalent; (b) ownership of 1% of any property or business; or (c) holding a position in a
business such as officer, director, trustee, partner, employee, or the like, or holding any position of management.
Gratuity. A payment, loan, subscription, advance, deposit of money, service, or anything of more than
nominal value, present or promised, unless consideration of substantially equal or greater value is received.
Immediate Family. A spouse, children, parents, brothers, and sisters.
Invitation for Bids. All documents, whether attached or incorporated by reference, utilized for soliciting
sealed bids.
Person. Any business, individual, union, committee, club, other organization, or group of individuals.
Price Analysis. The evaluation of price data, without analysis of the separate cost components and profit as
in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
Pricing Data. Factual information concerning prices for items substantially similar to those being procured.
Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices.
The definition refers to data relevant to both prime and subcontract prices.
Procurement. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, services, or
construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction,
including description of requirements, selection, and solicitation of sources, preparation and award of contract, and
all phases of contract administration.
Public Agency. A public entity subject to or created by the City.
Qualified Products List. An approved list of supplies, services, or construction items described by model or
catalogue numbers, which, prior to competitive solicitation, the City has determined will meet the applicable
specification requirements.
Request for Proposals. A document, whether attached or incorporated by reference, utilized for soliciting
proposals.
Responsible Bidder or Offeror. A person who has the capability in all respects to perform fully the contract
requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and
credit which will assure good faith performance.
Responsive Bidder. A person who has submitted a bid which conforms in all material respects to the
requirements set forth in the invitation for bids.
Services. The furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end
product other than reports which are merely incidental to the required performance. The term shall not include
employment agreements or collective bargaining agreements.
Small Business. A United States business which is independently owned and which is not dominant in its
field of operation or an affiliate or subsidiary of a business dominant in its field of operation.
Specification. Any description of the physical or functional characteristics or of the nature of a supply,
service, or construction item. It may include a description of a requirement for inspecting, testing, or preparing a
supply, service, or construction item for delivery.
Supplies. All property, including but not limited to equipment, materials, printing, insurance, and leases of
real property, excluding land or a permanent interest in land.
Using Agency. Any department, commission, board, or public agency requiring supplies, services, or
construction procured pursuant to this chapter.
§27-4. Public Access To Information
Procurement information shall be a public record to the extent provided in Neb. R.R.S. §84-712 to §84-
712.09, as amended, and shall be available to the public as provided in such statutes.
§27-5. Purchasing Agent
There is hereby created an Office of the Purchasing Agent, headed by the Chief Purchasing Agent. The
Chief Purchasing Agent shall be a person with demonstrated executive and organizational ability with knowledge of
public procurement law and contracts.
The City Attorney shall perform the duties of purchasing agent during any period that such office shall be
vacant.
§27-6. Reserved
§27-7. Delegation To Other Officials
With the approval of the city council and the mayor, the purchasing agent may delegate authority to
purchase certain supplies, services, or construction items to other City officials, if such delegation is deemed
necessary for the effective procurement of those items. Procurement authority with respect to certain supplies,
services, or construction may be delegated to other City officials by the mayor with the approval of the city council,
when such delegation is deemed necessary for the effective procurement of these supplies, services, or construction.
Amended by Ordinance No. 9298, effective 07-05-2011
§27-8. Competitive Sealed Bidding
Conditions for Use. All contracts of the City shall be awarded by competitive sealed bidding except as
otherwise provided in §27-9 (Competitive Sealed Proposals), §27-10 (Designated Professional Services), §27-11
(Small Purchases), §27-12 (Sole Source Procurement), §27-13 (Emergency Procurements), and §27-35 (Architects,
Engineers, Surveyors) of this chapter.
Invitation for Bids. An invitation for bids shall be issued and shall include specifications, and all
contractual terms and conditions applicable to the procurement. Invitations for bids on public works contracts shall
require a statement of compliance with fair labor standards as required by Neb. R.R.S. 73-102.
Public Notice. Adequate public notice of the invitation for bids shall be given a reasonable time, not less
than seven (7) calendar days prior to the date set forth therein for the opening of bids. Such notice may include
publication in a newspaper of general circulation a reasonable time prior to bid opening. The public notice shall state
the place, date, and time of bid opening.
Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place
designated in the invitation for bids. The amount of each bid, and such other relevant information as the purchasing
agent deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be
open to public inspection in accordance with §27-4 (Public Access to Information).
Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction,
except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship,
delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in
evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle
costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid
evaluation that are not set forth in the invitation for bids.
Correction or Withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently
erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may
be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written
or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening.
After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and
convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid
price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the
interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material
mistake of fact may be permitted to withdraw its bid if:
(A) The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly
evident; or
(B) The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All
decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes,
shall be supported by a written determination made by the purchasing agent.
Award. The contract shall be awarded with reasonable promptness by appropriate written notice to the
lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for
bids, subject to the requirements of Neb. R.R.S. 73-101.01 for resident bidder preference. In the event the low
responsive and responsible bid for a construction project exceeds available funds as certified by the city treasurer,
and such bid does not exceed such funds by more than five percent, the purchasing agent is authorized, when time or
economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid
price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
Negotiated adjustments shall be based upon eliminating independent deductive items specified in the invitation for
bids or upon adjustments to unit prices or project prices.
Multi-Step Sealed Bidding. When it is considered impractical to prepare initially a purchase description to
support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to
be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically
acceptable under the criteria set forth in the first solicitation.
Local Bidder Preference. In case of tied low bids, all other things being equal, preference shall be given in
the following order:
(A) To those bidders who manufacture their products within the limits of the City of Grand Island;
(B) To those bidders who manufacture their products within the limits of the County of Hall;
(C) To those bidders who package, process, or through some other substantial operation have employees and
facilities for these purposes in the City of Grand Island;
(D) To those bidders who package, process, or through some other substantial operation have employees and
facilities for these purposes in the County of Hall;
(E) To those bidders who maintain a bona fide business office in the City of Grand Island, whose products may
be made outside the confines of the County of Hall;
(F) To those bidders who maintain a bona fide business office in the County of Hall, whose products may be
made outside of the confines of the County of Hall;
(G) To those bidders whose commodities are manufactured, mined, produced, or grown within the State of
Nebraska, and to all firms, corporations, or individuals doing business as Nebraska firms, corporations, or
individuals when quality is equal or better and delivered price is the same or less than the other bids received;
(H) To those bidders whose commodities are manufactured, mined, produced, or grown within the United
States of America, and to all firms, corporations, or individuals doing business as firms registered in states other
than Nebraska, when quality is equal or better and delivered price is the same or less than the other bids
received.
§27-9. Competitive Sealed Proposals
Conditions for Use. When the purchasing agent determines in writing that the use of competitive sealed
bidding is either not practicable or not advantageous to the City, a contract may be entered into by use of the
competitive sealed proposals method.
Request for Proposals. Proposals shall be solicited through a request for proposals.
Public Notice. Adequate public notice of the request for proposals shall be given in the same manner as
provided in §27-8 (Competitive Sealed Bidding); provided, the minimum time shall be fifteen (15) calendar days.
Receipt of Proposals. No proposals shall be handled so as to permit disclosure of the identity of any offeror
or the contents of any proposal during the process of negotiation including meetings and interviews with any of the
offerors. The register of proposals containing the name and address of the offerors shall be open for public
inspection. All proposals shall be open for public inspection after the award of the contract.
Evaluation Factors. The request for proposals shall state the relative importance of price and other
evaluation factors.
Discussion with Responsible Offerors and Revisions to Proposals. As provided in the request for proposals,
discussions may be conducted with responsible offerors who submit proposals determined to be reasonably
susceptible of being selected for award for the purpose of clarification to assure full understanding of, and
conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to
any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and
prior to award for the purpose of obtaining best and final offers. In conducting discussion, there shall be no
disclosure of the identity of competing offerors or of any information derived from proposals submitted by
competing offerors.
Award. Award shall be made to the responsible offeror whose proposal is determined in writing to be the
most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for
proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on
which the award is made.
Amended by Ordinance No. 8961, effective 3-9-2005
§27-10. Designated Professional Services
Authority. For the purpose of procuring the services of accountants, clergy, physicians, lawyers, dentists, as
defined by the laws of the State of Nebraska, any using agency requiring such services may procure them on its own
behalf, in accordance with the selection procedures specified in this section. A using agency procuring such services
shall consult with the purchasing agent. No contract for the services of legal counsel may be awarded without the
approval of the city council.
Selection Procedure:
(A) Conditions for Use. Except as provided under §27-12 (Sole Source Procurement) or §27-13
(Emergency Procurements), the professional services designated in this section shall be procured in accordance
with this section.
(B) Statement of Qualifications. Persons engaged in providing the designated types of professional services
may submit statements of qualifications and expressions of interest in providing such professional services. A
using agency using such professional services may specify a uniform format for statements of qualifications.
Persons may amend these statements at any time by filing a new statement.
(C) Public Announcement and Form of Request for Proposals. Adequate public notice of the need for such
services shall be given by the using agency requiring the services through a request for proposals. Such notice
may include publication in a newspaper of general circulation not less than seven (7) days prior to the final date
for receipt of proposals . The request for proposals shall describe the services required, list the types of
information and data required of each offeror, and state the relative importance of particular qualifications.
(D) Discussions. The head of a using agency procuring the required professional services or a designee of
such officer may conduct discussions with any offeror who has submitted a proposal to determine such offeror's
qualifications for further consideration. Discussions shall not disclose any information derived from proposals
submitted by other offerors.
(E) Award. Award shall be made to the offeror determined in writing by the head of the using agency
procuring the required professional services or a designee of such officer to be best qualified based on the
evaluation factors set forth in the request for proposals, and negotiation of compensation determined to be fair
and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be
formally terminated with the selected offeror. If proposals were submitted by one or more other offerors
determined to be qualified, negotiations may be conducted with such other offeror or offerors, in the order of
their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified
if the amount of compensation is determined to be fair and reasonable.
§27-11. Small Purchases
General. Any contract not exceeding $20,000, or in the case of utility power plant fuel contracts, any
contract not exceeding $40,000, or for the purchase of equipment used for such enlargement or improvement of the
electric system, any contract not exceeding $40,000, may be made in accordance with the purchase by quotation and
small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to
constitute a purchase by quotation or a small purchase under this section.
Public Works General Improvement Projects. In any contract not exceeding $20,000 for enlargement or
general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets, or any
other work or improvement when the cost of such enlargement or improvement is assessed to the property, no less
than three businesses shall be solicited to submit quotations. Award shall be made to the business offering the
lowest acceptable quotation. The names of businesses submitting quotations, and the date and amount of each
quotation shall be recorded and maintained as a public record.
Utility Power Plant Fuel Contracts. In all purchases of utility power plant fuel not exceeding $40,000 per
contract, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business
offering the lowest acceptable quotation. The names of businesses submitting quotations and the date and amount of
each quotation shall be recorded and maintained as a public record.
Municipal Electric Utility Enlargement or Improvement. In any contract by the municipal electric utility
for the enlargement or improvement of the electric system or for the purchase of equipment used for such
enlargement or improvement, when said contract does not exceed $40,000, no less than three businesses shall be
solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The
names of businesses submitting quotations and the date and amount of each quotation shall be recorded and
maintained as a public record.
Purchases by Quotation. Insofar as it is practical for materials, supplies and equipment purchases in excess
of $2,500, and services and services/materials purchases in excess of $7,500, no less than three businesses shall be
solicited to submit quotations. Award shall be made to the business offering the lowest acceptable quotation. The
names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and
maintained as a public record.
Small Purchases. The purchasing agent shall adopt operational procedures for making small purchases of
materials, supplies and equipment in an amount of $2,500 or less, and for making purchases of services and labor,
including materials in an amount of $7,500 or less. Such operational procedures shall provide for obtaining adequate
and reasonable competition for the supply, service, or construction being purchased. Further, such operational
procedures shall require the preparation and maintenance of written records adequate to document the competition
obtained, properly account for the funds expended, and facilitate an audit of the small purchase made.
§27-12. Sole Source Procurement
A contract may be awarded without competition when after advertising for bids the city council determines
that there is only one source for the required supply, service, or construction. The purchasing agent shall conduct
negotiations, as appropriate, as to price, delivery, and terms. A record of sole source procurements shall be
maintained as a public record and shall list each contractor's name, the amount and type of each contract, a listing of
the items procured under each contract, and the identification number of each contract file.
§27-13. Emergency Procurements
Notwithstanding any of the provisions of this chapter, the city council may as authorized by State Statutes
make or authorize others to make emergency procurements of supplies, services, or construction when there exists a
threat to public health, welfare, or safety; provided, that such emergency procurements shall be made with such
competition as is practicable under the circumstances. A written determination of the basis for the emergency and
for the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of
each emergency procurement shall be made and shall set forth the contractor's name, the amount and type of the
contract, a listing of the items procured under the contract, and the identification number of the contract file.
§27-14. Cancellation Of Requests
An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or
proposals may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in
the best interests of the City. The reasons therefor shall be made part of the contract file. Each solicitation issued by
the City shall state that the solicitation may be canceled and that any bid or proposal may be rejected in whole or in
part when it is for good cause and in the best interests of the City. Notice of cancellation shall be sent to all
businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where
appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of
a similar nature. Reasons for rejection shall be provided upon request by unsuccessful bidders or offerors.
§27-15. Responsibility Of Bidders
Determination of Nonresponsibility. If a bidder or offeror who otherwis e would have been awarded a
contract is found nonresponsible, a written determination of nonresponsibility, setting forth the basis of the finding,
shall be prepared by the purchasing agent. The failure of a bidder or offeror to supply promptly information in
connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility
with respect to such bidder or offeror. A copy of the determination shall be sent promptly to the nonresponsible
bidder or offeror. The final determination shall be made part of the contract file and be made a public record.
Right of Nondisclosure. Information furnished by a bidder or offeror pursuant to this section shall not be
disclosed by the City outside of the office of the purchasing agent, or using agency, without prior written consent by
the bidder or offeror.
§27-16. Cost Or Pricing Data
Required Submission Relating to the Award of Contracts. A prospective contractor shall submit cost and/or
pricing data when the contract is expected to exceed $100,000 and is to be awarded by competitive sealed proposals
(§27-9, Competitive Sealed Proposals), or by sole source procurement authority (§27-12, Sole Source Procurement).
Exceptions. The submission of cost or pricing data relating to the award of a contract is not required when:
(A) The contract price is based on adequate price competition;
(B) The contract price is based on established catalogue prices or market prices;
(C) The contract price is set by law or regulation; or
(D) It is determined in writing by the purchasing agent that the requirements of this section may
be waived, and the determination states the reasons for such waiver.
Required Submissions Relating to Change Orders or Contract Modifications. A contractor shall submit
cost and/or pricing data prior to the pricing of any change order or contract modification, including adjustments to
contracts awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection
with the initial pricing of the contract, when the change or modification involves aggregate increases or aggregate
decreases in costs plus applicable profits that are expected to exceed $100,000.
Exceptions. The submission of cost and/or pricing data relating to the pricing of a change order or contract
modification is not required when:
(A) Unrelated and separately priced adjustments for which cost or pricing data would not be
required are consolidated for administrative convenience; or
(B) It is determined in writing by the purchasing agent that the requirements of this section may
be waived, and the determination states the reasons for such waiver.
Certification Required. A contractor, actual or prospective, required to submit cost and/or pricing data in
accordance with this section, shall certify that, to the best of its knowledge and belief, the cost or pricing data
submitted was accurate, complete, and current as of a mutually specified date prior to the award of the contract or
the pricing of the change order or contract modification.
Price Adjustment Provision Required. Any contract award, change order, or contract modification under
which the submission and certification of cost or pricing data are required shall contain a provision stating that the
price to the City, including profit or fee, shall be adjusted to exclude any significant sums by which the City finds
that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or
not current as of the date agreed upon between the City and the contractor.
§27-17. Cost Or Price Analysis
A cost analysis or a price analysis, as appropriate, may be conducted by the Purchasing Agent and using
department prior to award of the contract other than one awarded under §27-8 (Competitive Sealed Bidding). A
written record of such cost analysis or price analysis shall be made a part of the contract file.
§27-18. Bid And Performance Bonds
Bid, payment, and performance bonds or other security may be requested for supply, service or
construction contracts as the Purchasing Agent or head of a using department deems advisable to protect the City's
interests, or required by law. Any such bonding requirements shall be set forth in the solicitation. Bid, payment, or
performance bonds shall not be used as a substitute for a determination of a bidder or offeror's responsibility.
§27-19. Types Of Contracts
General Authority. Subject to the limitations of this section, any type of contract which is appropriate to the
procurement and which will promote the best interests of the City may be used, provided that the use of a cost-plus-
a-percentage-of-cost contract is prohibited. A cost reimbursement contract may be used only when a determination
is made in writing, that such contract is likely to be less costly to the City than any other type or that it is
impracticable to obtain the supply, service, or construction item required except under such a contract.
Multi-Term Contracts.
(A) Specified Period. Unless otherwise provided by law, a contract for supplies or services may be entered
into for any period of time deemed to be in the best interests of the City, provided, the term of the contract and
conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first
fiscal period at the time of contracting. Payment and performance obligations, for succeeding fiscal periods
shall be subject to the availability and appropriation of funds therefor.
(B) Determination Prior to Use. Prior to the utilization of a multi-term contract, it shall be determined in
writing:
(i) That estimated requirements cover the period of the contract and are reasonably firm and continuing;
and
(ii) That such a contract will serve the best interests of the City by encouraging effective competition or
otherwise promoting economics in City procurement.
(C) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods. When funds are not
appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period,
the contract shall be canceled and the contractor shall be reimbursed for the reasonable value of any non-
recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.
The cost of cancellation may be paid from any appropriations available for such purposes.
Multiple Source Contracting.
(A) General. A multiple source award is an award of an indefinite quantity contract for one or more
similar supplies or services to more than one bidder or offeror. The obligation to order the City's actual
requirements is limited by the provision of Uniform Commercial Code Section 2-306(1).
(B) Limitations on Use. A multiple source award may be made when award to two or more bidders or
offerors for similar products is necessary for adequate delivery, service, or product compatibility. Any multiple
source award shall be made in accordance with the provisions of §27-8 (Competitive Sealed Bidding), §27-9
(Competitive Sealed Proposals), §27-11 (Small Purchases), and §27-13 (Emergency Procurements), as
applicable. Multiple source awards shall not be made when a single award will meet the City's needs without
sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making
available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding
the resolution of tie bids. Any such awards shall be limited to the least number of suppliers necessary to meet
the valid requirements.
(C) Contract and Solicitation Provisions. All eligible users of the contract shall be named in the
solicitation, and it shall be mandatory that the actual requirements of such users that can be met under the
contract be obtained in accordance with the contract, provided that:
(i) The City shall reserve the right to take bids separately if a particular quantity requirement arises which
exceeds its normal requirement or an amount specified in the contract; and
(ii) The City shall reserve the right to take bids separately if the purchasing agent approves a finding that
the supply or service available under the contract will not meet a nonrecurring special need of the City.
(D) Intent to Use. If a multiple source award is anticipated prior to issuing a solicitation, the City shall
reserve the right to make such an award and the criteria for award shall be stated in the solicitation.
(E) Determination Required. The purchasing agent shall make a written determination setting forth the
reason for a multiple source award, which shall be made a part of the procurement file.
§27-20. Contract Clauses
Contract Clauses. All City contracts for supplies, services, and construction shall include provisions
necessary to define the responsibilities and rights of the parties to the contract. The purchasing agent may issue
clauses appropriate for supply, service, or construction contracts, addressing among others the following subjects:
(A) The unilateral right of the City to order in writing changes in the work within the scope of the contract;
(B) The unilateral right of the City to order in writing temporary stopping of the work or delaying performance
that does not alter the scope of the contract;
(C) Variations occurring between estimated quantities of work in contract and actual quantities;
(D) Defective pricing;
(E) Liquidated damages;
(F) Specified excuses for delay or nonperformance;
(G) Termination of the contract for default;
(H) Termination of the contract in whole or in part for the convenience of the City;
(I) Suspension of work on a construction project ordered by the City; and
(J) Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a
differing site conditions clause need not be included in a contract:
I. When the contract is negotiated;
II. When the contractor provides the site or design; or
III. When the parties have otherwise agreed with respect to the risk of differing site conditions.
Price Adjustments.
(A) Adjustments in price resulting from the use of contract clauses required by Subsection 1. of this section
shall be computed in one or more of the following ways:
I. By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon
thereafter as practicable;
II. By unit prices specified in the contract or subsequently agreed upon;
III. By the costs attributable to the events or situations under such clauses with adjustment of profit or fee,
all as specified in the contract or subsequently agreed upon;
IV. In such other manner as the contracting parties may mutually agree; or
V. In the absence of agreement by the parties, by a unilateral determination by the City of the costs
attributable to the events or situations under such clauses with adjustment of profit or as computed by the
City or as accounted for with reference to cost principles and subject to the provisions of §27-40 (Contract
Claims).
(B) A contractor shall be required to submit cost and/or pricing data if any adjustment in contract price is
subject to the provisions of §27-16 (Cost or Pricing Data).
Standard Clauses and Their Modification. The purchasing agent may establish standard contract clauses for
use in City contracts. Any standard clauses may be varied, provided, that any variations are supported by a written
determination that states the circumstances justifying such variations, and provided, that notice of any such material
variation be stated in the invitation for bids or request for proposals. Contracts for public works shall include a
provision for the maintenance of fair labor standards as required in Neb. R.R.S. 73-102.
§27-21. Contract Administration
A contract administration system designed to insure that a contractor is performing in accordance with the
solicitation under which the contract was awarded, and the terms and conditions of the contract, shall be established
and maintained.
§27-22. Accounting System
Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been
determined in writing by the purchasing agent that:
(A) The proposed contractor's accounting system will permit timely development of all necessary cost data in
the form required by the specific contract type contemplated; and
(B) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally
accepted cost accounting principles.
§27-23. Right To Inspect Plant
The City may, at reasonable times, inspect the part of the plant, place of business, or worksite of a
contractor or subcontractor at any tier which is pertinent to the performance of any contract awarded or to be
awarded by the City.
§27-24. Right To Audit Records
Audit of Cost or Pricing Data. The City may at reasonable times and places, audit the books and records of
any contractor who has submitted cost or pricing data pursuant to §27-16 (Cost or Pricing Data) to the extent that
such books, documents, papers, and records are pertinent to such cost or pricing data. Any person who receives a
contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books,
documents, papers, and records that are pertinent to such cost or pricing data for three years from the date of final
payment under the contract.
Contract Audit. The City shall be entitled to audit the books and records of a contractor or a subcontractor
at any tier under any negotiated contract or subcontract other than a firm fixed-price contract to the extent that such
books, documents, papers, and records are pertinent to the performance of such contract or subcontract. Such books
and records shall be maintained by the contractor for a period of three years from the date of final payment under the
prime contract and by the subcontractor for a period of three years from the date of final payment under the
subcontract.
§27-25. Anticompetitive Practices
When for any reason collusion or other anticompetitive practices are suspected among any bidders or
offerors, a notice of the relevant facts shall be transmitted to the State Attorney General and the Hall County
Attorney.
§27-26. City Procurement Records
Contract File. All determinations and other written records pertaining to the solicitation, award, or
performance of a contract shall be maintained for the City in a contract file by the purchasing agent.
Retention of Procurement Records. All procurement records shall be retained and disposed of by the City in
accordance with records retention guidelines and schedules consistent with applicable state and federal law.
§27-27. Specifications; Competition
All specifications shall be drafted so as to promote overall economy for the purpose intended and
encourage competition in satisfying the City's needs, and shall not be unduly restrictive. The policy enunciated in
this section applies to all specifications including but not limited to, those prepared for the City by architects,
engineers, designers, and draftsmen.
§27-28. Specifications; Brand Name Or Equal
Use. Brand name or equal specifications may be used when the purchasing agent determines in writing that
any of the following circumstances exist:
(A) No other design or performance specification or qualified products list is available;
(B) Time does not permit the preparation of another form of purchase description, not including a brand
name specification;
(C) The nature of the product or the nature of the City's requirements makes use of a brand name or equal
specification suitable for the procurement; or
(D) Use of a brand name or equal specification is in the City's best interests.
Designation of Several Brand Names. Brand name or equal specifications shall seek to designate three, or
as many different brands as are practicable, shall include an "or equal" reference and shall further state that
substantially equivalent products to those designated will be considered for award.
Required Characteristics. Unless the purchasing agent determines in writing that the essential
characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand
name or equal specifications shall include a description of the particular design, functional, or performance
characteristics which are required.
Nonrestrictive Use of Brand Name or Equal Specifications. Where a brand name or equal specification is
used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the
purpose of describing the standard of quality, performance, and characteris tics desired and is not intended to limit or
restrict competition.
§27-29. Specifications; Brand Name
Use. Since use of a brand name specification is restrictive of product competition, it may be used only
when the purchasing agent makes a written determination that only the identified brand name item or items will
satisfy the City's needs.
Competition. The purchasing agent shall seek to identify sources from which the designated brand name
item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is
practicable. If only one source can supply the requirement, the procurement shall be made under §27-12 (Sole
Source Procurement).
§27-30. Construction Management
The purchasing agent shall have discretion to select the appropriate method of construction contracting
management for a particular project. In determining which method to use, the purchasing agent shall consider the
City's requirements, its resources, and the potential contractor's capabilities. The purchasing agent shall execute, and
include in the contract file a written statement setting forth the facts which led to the selection of a particular method
of construction contracting management for each project.
§27-31. Bid Security
Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for
construction contracts when the price is estimated by the purchasing agent to exceed $100,000. Bid security shall be
a bond provided by a surety company authorized to do business in the State of Nebraska, or the equivalent in cash,
or otherwise supplied in a form satisfactory to the City. Nothing herein shall prevent the requirement of such bonds
on construction contracts under $100,000 when the circumstances warrant. Amount of Bid Security. Bid
security shall be in an amount equal to at least 5% of the amount of the bid.
Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids requires
security, noncompliance by a bidder requires that the bid be rejected unless it is determined that the bid fails to
comply only in a nonsubstantial manner with the security requirements.
Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in §27-8
(Competitive Sealed Bidding), no action shall be had against the bidder or the bid security.
§27-32. Performance And Payment Bonds
When Required; Amounts. When a construction contract is awarded in excess of $25,000, the following
bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the
contract:
(A) A performance bond satisfactory to the City, executed by a surety company authorized to do business in the
State of Nebraska or otherwise secured in a manner satisfactory to the City, in an amount equal to 100% of the
price specified in the contract; and
(B) A payment bond satisfactory to the City, executed by a surety company authorized to do business in the
State of Nebraska or otherwise secured in a manner satisfactory to the City, for the protection of all persons
supplying labor and material to the contractor or its subcontractors for the performance of the work provided for
in the contract. The bond shall be in an amount equal to 100% of the price specified in the contract.
Reduction of Bond Amounts. After ten (10) days written notice to the Mayor and City Council, the
purchasing agent is authorized to reduce the amount of performance and payment bonds to 50% of the contract price
for each bond when a written determination is made that it is in the best interests of the City to do so.
Authority to Require Additional Bonds. Nothing in this section shall be construed to limit the authority of
the City to require a performance bond or other security in addition to those bonds, or in circumstances other than
specified in this section.
Suits on Payment Bonds; Right to Institute. Unless otherwise authorized by law, any person who has
furnished labor or material to the contractor or subcontractors for the work provided in the contract, for which a
payment bond is furnished under this section, and who has not been paid in full within 90 days from the date on
which that person performed the last of the labor or supplied the material, shall have the right to sue on the payment
bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due that
person. However, any person having a contract with a subcontractor of the contractor, but no express or implied
contract with the contractor furnishing the payment bond, shall have a right of action upon the payment bond upon
giving written notice to the contractor within 90 days from the date on which that person performed the last of the
labor or supplied the material. That person shall state in the notice the amount claimed and the name of the party to
whom the material was supplied or for whom the labor was performed. The notice shall be served personally or by
registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor
maintains an office or conducts business.
Suits on Payment Bonds; Where and When Brought. Unless otherwise authorized by law, every suit
instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or district in
which the construction contract was to be performed.
§27-33. Copies Of Bond Forms
Any person may request and obtain from the City a certified copy of a bond upon payment of the cost of
reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the
contents, execution, and delivery of the original.
§27-34. Fiscal Responsibility
Every contract modification, change order, or contract price adjustment under a construction contract with
the City in excess of $300 shall be subject to prior written certification by the head of the department responsible for
the project or the contract, or other official responsible for monitoring and reporting upon the status of the costs of
the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment
in contract price on the total project budget or the total contract budget. In the event that the certification discloses a
resulting increase in the total project budget and/or the total contract budget, the purchasing agent shall not execute
or make such contract modification, change order, or adjustment in contract price unless sufficient funds have been
appropriated therefor, or the scope of the project or contract is adjusted so as to permit the degree of completion that
is feasible within the total project budget and/or total contract budget as it existed prior to the contract modification,
change order, or adjustment in contract price under consideration; provided, however, that with respect to the
validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price
which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the
provisions of this section.
§27-35. Architects; Engineers; Surveyors
Public Announcement. It is the policy of the City to announce publicly all requirements for architects,
engineers, and land surveying services and to negotiate such contracts on the basis of demonstrated competence and
qualifications at fair and reasonable prices. In the procurement of architect, engineer, and land surveying services,
the purchasing agent shall request firms to submit a statement of qualifications and performance data.
Selection Process. A selection committee composed of the purchasing agent, the director of public works
and the head of a using agency in need of the architect, engineer, or land surveying services shall conduct
discussions with no less than three firms regarding the proposed contract and the relative utility of alternative
methods of approach for furnishing the required services and shall select from among them no less than three of the
firms deemed most qualified to provide the required services. The selection shall be made in order of preference,
based on criteria established and published by the selection committee.
Negotiation. The purchasing agent shall negotiate a contract with the firm considered to be the most
qualified for architect, engineer, or land surveying services at compensation which the purchasing agent determines
in writing to be fair and reasonable to the City. In making this decision, the purchasing agent shall take into account
the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the
purchasing agent be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a
price the purchasing agent determines to be fair and reasonable to the City, negotiations with that firm shall be
formally terminated. The purchasing agent shall then undertake negotiations with the second most qualified firm.
Failing accord with the second most qualified firm, the purchasing agent shall formally terminate negotiations. The
purchasing agent shall then undertake negotiations with the third most qualified firm. Should the purchasing agent
be unable to negotiate a contract at a fair and reasonable price with any of the selected firms, the selection
committee shall select additional firms in order of their competence and qualifications, and the purchasing agent
shall continue negotiations in accordance with this section until an agreement is reached.
§27-36. Authority To Debar
After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the
purchasing agent is authorized to debar a person for cause from consideration for award of contracts. The debarment
shall be for a period of not more than three years. The purchasing agent is authorized to suspend a person from
consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity
which might lead to debarment. The suspension shall be for a period not to exceed three months. The causes for
debarment include:
(A) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a
public or private contract or subcontract, or in the performance of such contract or subcontract;
(B) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or
business honesty which currently, seriously, and directly affects responsibility as a City contractor;
(C) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(D) Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing
agent to be so serious as to justify debarment action:
I. Deliberate failure without good cause to perform in accordance with the specifications or within the time
limit provided in the contract; or
II. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of
one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor shall not be considered to be a basis for debarment.
(E) Any other cause the purchasing agent determines to be so serious and compelling as to affect
responsibility as a City contractor, including debarment by another governmental entity for any cause listed
in this chapter; or
(F) For violation of the ethical standards set forth in Chapter 27, Article II.
§27-37. Decision To Debar
The purchasing agent shall issue a written decision to debar or suspend. The decision shall state the reasons
for the action taken and inform the debarred or suspended person involved of its rights concerning judicial or
administrative review. A copy of the decision shall be mailed by certified mail, return receipt requested or otherwise
furnished immediately to the debarred or suspended person.
§27-38. Finality Of Decision
A decision under §27-37 (Decision to Debar) shall be final and conclusive, unless the debarred or
suspended person within 10 days after receipt of the decision takes an appeal to the city council or commences a
timely action in court in accordance with applicable law.
§27-39. Bid Protests
Right to Protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection
with the solicitation or award of a contract may protest to the city council. Protestors are urged to seek resolution of
their complaints initially with the purchasing agent. A protest with respect to an invitation for bids or request for
proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals, unless the
aggrieved person did not know or reasonably would not have known of the facts giving rise to such protest prior to
bid opening or the closing date for proposals. The protest shall be submitted within three calendar days after such
aggrieved person knows or reasonably would have known of the facts giving rise thereto.
Stay of Procurements During Protests. In the event of a timely protest under this section, the purchasing
agent shall not proceed further with the solicitation or award of the contract until all administrative and judicial
remedies have been exhausted or until the city council makes a determination on the record that the award of a
contract without delay is necessary to protect substantial interests of the City.
Entitlement to Costs. In addition to any other relief, when a protest is sustained and the protesting bidder or
offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror
shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs
other than attorney's fees.
§27-40. Contract Claims
Decision of the Purchasing Agent. All claims by a contractor against the City relating to a contract, except
bid protests, shall be submitted in writing to the purchasing agent for a decision. The contractor may request a
conference with the purchasing agent on the claim. Claims include, without limitation, disputes arising under a
contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract
modification or recision.
Notice to the Contractor of the Purchasing Agent's Decision. The decision of the purchasing agent shall be
promptly issued in writing, and shall be immediately mailed by certified mail, return receipt requested or otherwise
furnished to the contractor. The decision shall state the reasons for the decision reached.
Finality of Purchasing Agent's Decision. The purchasing agent's decision shall be final and conclusive
unless the contractor files a timely claim under Neb. R.R.S. 16-726.
Failure to Render Timely Decision. If the purchasing agent does not issue a written decision regarding any
contract controversy within 10 days after written request for a final decision, or within such longer period as may be
agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been received.
§27-41. Authority To Settle Protests or Claims
The purchasing agent is authorized to settle any protest regarding the solicitation or award of a City
contract, or any claim arising out of the performance of a City contract, prior to an appeal to the city council or the
commencement of an action in a court of competent jurisdiction.
§27-42. Remedies For Violations
Prior to Bid Opening or Closing Date for Receipt of Proposals. If prior to the bid opening or the closing
date for receipt of proposals, the purchasing agent determines that a solicitation is in violation of federal, state, or
municipal law, then the solicitation shall be canceled or revised to comply with applicable law.
Prior to Award. If after bid opening or the closing date for receipt of proposals, the purchasing agent
determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law,
then the solicitation or proposed award shall be canceled.
After Award. If, after an award, the purchasing agent determines that a solicitation or award of a contract
was in violation of applicable law, then:
(A) If the person awarded the contract has not acted fraudulently or in bad faith:
(I.) The contract may be ratified and affirmed, provided it is determined that doing so is in the best
interests of the City; or
(II.) The contract may be terminated and the person awarded the contract shall be compensated for the
actual costs reasonably incurred under the contract, plus a reasonable profit, prior to the termination; or
(B) If the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null
and void or voidable, if such action is in the best interests of the City.
Article II. Ethics in Public Contracting
§27-43. Criminal Penalties
To the extent that violations of the ethical standards of conduct set forth in this article constitute violations
of Nebraska or federal law, they shall be punishable as provided therein. Such penalties shall be in addition to the
civil sanctions set forth in this part.
§27-44. Employee Conflict Of Interest
It shall be unethical for any City employee to participate directly or indirectly in a procurement contract
when the City employee knows that:
(A) The City employee or any member of the City employee's immediate family has a financial interest
pertaining to the procurement contract; or
(B) Any other person, business, or organization with whom the City employee or any member of a City
employee's immediate family is negotiating or has an arrangement concerning prospective employment is
involved in the procurement contract.
A City employee or any member of a City employee's immediate family who holds a financial interest in a
disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that
financial interest.
The provisions of this section shall not apply to the Mayor, members of the City Council, and members of
appointed boards and commissions of the City, provided the participating person:
(A) Makes a declaration on the record of the governing body, board or commission responsible for approving
the contract regarding the nature and extent of his or her interest prior to official consideration of the contract;
(B) Does not vote on the matter of granting the contract, except that if the number of members of the governing
body, board or commission declaring an interest in the contract would prevent the body with all members
present from securing a quorum on the issue, then all members may vote on the matter; and
(C) Does not act for the governing body, board or commission which is party to the contract as to inspection or
performance under the contract in which he or she has an interest.
If such participating person's parent, spouse, or child is an employee of the City, the participating person
may vote on all issues of the contract which are generally applicable to (1) all employees or (2) all employees within
a classification and do not single out his or her parent, spouse, or child for special action.
Any contract entered into with such participating person shall be subject to applicable competitive bidding
requirements and shall be fair and reasonable to the City.
The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness
of the City by a financial institution shall not be considered a contract for purposes of this section.
§27-45. Gratuities And Kickbacks
Gratuities. It shall be unethical for any person to offer, give, or agree to give any City employee or former
City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from
another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular
matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal
therefor.
Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on
behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person
associated therewith, as an inducement for the award of a subcontract or order.
Contract Clause. The prohibition against gratuities and kickbacks prescribed in this section shall be
conspicuously set forth in every contract and solicitation therefor.
§27-46. Contingent Fees
It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a City contract
upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention
of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.
§27-47. Contemporaneous Employment
It shall be unethical for any City employee who is participating directly or indirectly in the procurement
process to become or to be, while such a City employee, the employee of any person contracting with the
governmental body by whom the employee is employed.
§27-48. Waivers; Conflicts Of Interest
The city council may grant a waiver from the employee conflict of interest provision (§27-44; Employee
Conflict of Interest) or the contemporaneous employment provision (§27-47; Contemporaneous Employment) upon
making a written determination that:
(A) The contemporaneous employment or financial interest of the City employee has been publicly disclosed;
(B) The City employee will be able to perform its procurement functions without actual or apparent bias or
favoritism; and
(C) The award will be in the best interests of the City.
§27-49. Confidential Information
It shall be unethical for any employee or former employee knowingly to use confidential information for
actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person.
§27-50. Sanctions
Employees. The mayor may impose any one or more of the following sanctions on a City employee for
violations of the ethical standards in this article:
(A) Oral or written warnings or reprimands;
(B) Suspension with or without pay for specified periods of time; or
(C) Termination of employment.
Nonemployees. The city council may impose any one or more of the following sanctions on a nonemployee
for violations of the ethical standards:
(A) Written warnings or reprimands;
(B) Termination of contracts; or
(C) Debarment or suspension as provided in §27-36 (Authority to Debar).
§27-51. Recovery Of Value Upon Breach
General Provisions. The value of anything transferred or received in breach of the ethical standards of this
chapter by a City employee or a nonemployee may be recovered from both City employee and nonemployee.
Recovery of Kickbacks by the City. Upon a showing that a subcontractor made a kickback to a prime
contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be
conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately
borne by the City and will be recoverable hereunder from the recipient. In addition, that amount may also be
recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude
recovery from other offending parties.
Article III. Contracts Funded with Federal Funds
§27-52. Contractor Records
If a contract is being funded in whole or in part by assistance from a federal agency, then the contract shall
include provisions:
(A) Requiring the contractor and subcontractors at any tier to maintain for three years from the date of
final payment under the contract all books, documents, papers, and records pertinent to the contract; and
(B) Requiring the contractor and subcontractor at any tier to provide to the City, the federal grantor
agency, the Comptroller General of the United States, or any of their duly authorized representatives access
to such books, documents, papers, and records for the purposes of examining, auditing, and copying them.
§27-53. Patents
If a contract involving research and development, experimental, or demonstration work is being funded in
whole or in part by assistance from a federal agency, then the contract shall include provisions:
(A) Giving notice to the contractor of the applicable grantor agency requirements and regulations
concerning reporting of, and rights to any discovery or invention arising out of the contract; and
(B) Requiring a contractor to include a similar provision in all subcontracts involving research and
development, experimental, or demonstration work.
§27-54. Copyrights
If a contract is being funded in whole or in part by assistance from a federal agency, then the contract shall
include a provision giving the contractor notice of the applicable regulations concerning the rights of the United
States to any plans, drawings, specifications, computer programs, technical reports, operating manuals, and similar
work products developed and paid for under the contract.
§27-55. Federal Policy Requirements
If the contract is being funded in whole or in part by assistance from a federal agency, and the contract is
subject to one or more federal public policy requirements, such as:
(A) Equal employment opportunity;
(B) Fair labor standards;
(C) Energy conservation;
(D) Environmental protection; or
(E) Other similar socioeconomic programs, then, the purchasing agent shall include contract provisions
giving the contractor notice of these requirements, and where appropriate, including in those contract
provisions the requirement that the contractor give a similar notice to all of its subcontractors.
§27-56. Buy American
If a contract is being funded in whole or in part by assistance from a federal agency, then the City shall
adhere to the appropriate "Buy American" requirements of the federal agency providing the assistance.
§27-57. Energy Conservation
If a contract is being funded in whole or in part by assistance from a federal agency, then the City's
solicitation shall seek to promote energy conservation and shall comply with any mandatory standards and policies
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163).
§27-58. Favored Business Enterprises
Expand Participation. If a contract is being funded in whole or in part by assistance from a federal agency,
the purchasing agent shall take affirmative steps to assure that small, women-owned, and minority businesses are
utilized when possible as sources of supplies, services, and construction items.
Examples of Affirmative Steps. Affirmative steps to be taken shall include:
(A) Including qualified small, women-owned, and minority businesses on solicitation lists;
(B) Assuring that small, women-owned, and minority businesses are solicited whenever they are potential
sources;
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit
maximum small, women-owned, and minority business participation;
(D) Where the requirement permits, establishing delivery schedules which will encourage participation by
small, women-owned, and minority business; and
(E) Using the services and assistance of the Small Business Administration, or the Office of Minority
Business Enterprise of the Department of Commerce, as required.
Pass-Through to Subcontracts. A contractor awarded a federally funded contract shall take the affirmative
steps, as listed in this section, in awarding its subcontracts.
§27-59. Labor Surplus Area Business
If a contract is being funded in whole or in part by assistance from a federal agency, the purchasing agent is
encouraged to procure supplies, services, and construction items from businesses located in labor surplus areas.
Article IV. Miscellaneous Expenditure Act
§27-60. Authorized Expenditures
The mayor and city council shall be authorized to approve the expenditure of funds in accordance with the
Local Government Miscellaneous Expenditure Act, subject to the following:
(A) Authorized expenses may include:
(i) Registration costs, tuition costs, fees, or charges;
(ii) Mileage at the then current rate allowed by Neb. R.R.S. §81-1176, or actual travel expense if travel is by
commercial or charter means. When travel mode is optional, the lower of the reimbursable cost is authorized;
and
(iii) Meals and incidental (M&I) expense at the then current rate of the applicable federal per diem for M&I;
and
(iv) When travel is a partial day, the federal per diem rate for meals will apply at the rate of 20% for breakfast,
30% for lunch and 50% for supper. Departures must occur prior to 6:00 a.m. for breakfast and return must be
after 8:00 p.m. for supper; and
(v)Lodging at a rate not exceeding the then current applicable federal per diem rate unless lodging is at a
location hosting the function in which case the actual lodging rate is allowed but no additional transportation
costs shall be paid for commuting during the lodging stay.
(B) Authorized expenditures shall not include expenditures for meals of city council members provided while
attending a public meeting of the city council unless such meeting is a joint meeting with one or more other
governing bodies.
(C) Authorized expenditures shall not include expenditures for any expenses incurred by a spouse of an elected or
appointed official, employee, or volunteer unless the spouse is also an elected or appointed official, employee, or
volunteer of the City.
§27-61. Beverages; Service Recognition
The expenditure of public funds is hereby authorized for the following purposes:
(A) Nonalcoholic beverages provided to individuals attending public meetings of the city council.
(B) Nonalcoholic beverages and meals:
(i) Provided for any individuals while performing or immediately after performing relief, assistance, or support
activities in emergency situations, including but not limited to, tornado, severe storm, fire or accident;
(ii) Provided for any volunteers during or immediately following their participation in any activity approved
by the city council, including but not limited to, mowing parks, picking up litter, removing graffiti, or snow
removal;
(iii) Provided at one recognition dinner each year held for elected and appointed officials, employees, or
volunteers. The maximum cost per person for such dinner shall be nineteen dollars ($19.00). The annual
recognition dinner may be held separately for employees of each department or separately for volunteers, or any
of them in combination.
(C) Plaques, certificates of achievement, or items of value awarded to elected or appointed officials, employees, or
volunteers, including persons serving on local government boards or commissions, subject to the following dollar
limit on value:
Volunteer Service $25.00
Board, Commission, Council Service $100.00
Award Ceremony/Farewell Tribute $50.00
1 year employment 0.00 plus service pin
5 years employment 0.00 plus service pin/clip
10 years employment 50.00 plus service pin
15 years employment 75.00 plus service pin
20 years employment 100.00 plus service pin
25 years employment 125.00 plus service pin
30 years employment 150.00
35 or more years employment 175.00 Added by Ord. No. 7978, 1-24-1994
§27-62. Business Travel
The following procedures shall be used for business travel:
(A) Transportation Method
I. When travel is by air, advance ticketing by purchase order will be utilized whenever possible to obtain
the lowest available coach fare.
II. All refunds, travel coupons, and other promotions in connection with business travel shall be returned to
the City.
III. When ground travel is required, City vehicles shall be used whenever possible.
(B) Lodging
I. Reimbursement for non-commercial lodging is not permitted.
II. When personnel are accompanied by non-City personnel, only the costs attributed to the City personnel
are reimbursable.
(C) Expenses
I. The following expenses are reimbursable upon affidavit of expenditure and receipts are not required:
parking fees; taxi and bus fares; and highway tolls.
II. The following expenses are reimbursable upon submission of paid receipts:
(a) registration, tuition, and fees for official functions related to the travel;
(b) supplies or equipment required for travel or training;
(c) rental cars; and
(d) traveler's checks fees.
III. The following expenses are not reimbursable:
(a) entertainment, including television rentals;
(b) personal expenses, e.g. hygiene items, magazines;
(c) travel insurance; and
(d) alcoholic beverages.
(D) Travel Advances . Travel advances are not authorized, except under special circumstances with written prior
approval of the finance director. The use of credit cards and advance purchase order payment of lodging and
transportation expenses are encouraged.
(E) Expense Claims. Personnel on authorized travel must submit expense claims to the Finance Department
immediately upon return, but not later than four (4) work days after return to duty. All receipts, unexpended City
funds and funds due the City, shall be returned at that time. All expenses (including prepaid expenses) shall be
summarized and accounted for.
Item -4
Update Concerning the Wastewater Treatment Plant and
Collection System Rehabilitation Project (Engineering Phase)
Tuesday, February 21, 2012
Study Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: February 21, 2012
Subject: Update Concerning the Wastewater Treatment Plant and
Collection System Rehabilitation Project (Engineering
Phase)
Item #’s: 4
Presenter(s): John Collins, Public Works Director
Background
At the October 11, 2011 meeting City Council approved hiring Black & Veatch of
Kansas City, Missouri to provide engineering services for the Wastewater Treatment
Plant and Collection System Rehabilitation.
Discussion
After an in-depth review of the project it has been decided that the most cost effective
way to address the headworks for the Plant is through a complete rebuild. In an effort to
keep the public and City Council informed on the status of this project Black & Veatch
will give a presentation explaining this piece of the project.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to
be answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring this issue to a future council meeting for
the approval of a bid award for the headworks rebuild portion of this project.
JANUARY 31, 2012
PURPOSE OF STUDY SESSION
CONCEPTUAL DESIGN RESULTS 5 PROJECT DIRECTOR DEREK CAMBRIDGE
CONCEPTUAL DESIGN RESULTS
CIP Budget CONCEPTUAL DESIGN RESULTS
Requires extended period of temporary pumping to Limited to vertical screens Building expansion for screening washing/compaction Maximum of five 8 mgd pumps, installed capacity of 40 mgd. 32 mgd firm capacity (one unit out of service) Potential for change orders Unknown condition of existing concrete and gates Reusing a 45 year old structure CONCEPTUAL DESIGN RESULTS
Cost
WWTP IMPROVEMENTS
CONCEPTUAL DESIGN RESULTS
No. 1 Build new 25 mgd dry pit pump station, rehab No.2 Build new 25 mgd submersible pump station, rehab existing pump station for 25 mgd. removal facility, rehab existing pump station for 25 mgd. No. 4 New 50 mgd dry pit pump station, reuse No. 5 New 50 mgd submersible pump station, reuse existing pump station for plant drain system. CONCEPTUAL DESIGN RESULTS
Design Basis Historical Peak Hour Flow = 35 mgd Current Pump Station: Firm Capacity = 26.6 mgd; Total Capacity = 34.7 mgd CONCEPTUAL DESIGN RESULTS
CONCEPTUAL DESIGN RESULTS
Provides required pumping capacity for 20 years and beyond. 50 mgd firm capacitySimplifies construction Reduces unknowns sewer work No temporary pumping 6 versus 10 pumps, 2 versus 4 screens New structure Single point for screenings disposal pickup CONCEPTUAL DESIGN RESULTS
CONCEPTUAL DESIGN RESULTS
17 QUESTIONS