04/22/2025 Ordinances 10,014 ORDINANCE NO. 10,014
An ordinance to amend Chapter 27 of Grand Island City Code ;to amend various Sections;
to clarify and/or make general corrections to various code sections, to provide for the sunsetting
of the current Chapter 27 after all pending procurements active on or before June 6, 2025 have
been concluded; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND,NEBRASKA:
Section 1. That Chapter 27 of Grand Island City Code be maintained and in full force and
effect as it is on todays date as applicable to all pending procurements active on or before June 6,
2025.
Section 2. That effective June 7, 2025 Chapter 27 be amended to read as set forth below.
Where"No Changes" are noted, said reference is for clarity only and all provisions of said section
shall be left intact.
CHAPTER 27 PROCUREMENT
Article 27-1 —General Provisions
27-1 Purpose
No Changes
27-2 Application
This chapter applies to contracts for the procurement of supplies, services, and construction,
entered into by the City after June 7, 2025, unless the parties agree to its application to contracts
entered into prior to the effective date. For purchases made prior to June 7, 2025 Chapter 27 of
City Code as it existed prior to April 8, 2025 shall apply.
It shall apply to every expenditure of public funds by the City, any City department or division, or
anyone required by contract or law to follow the Grand Island City Code for public purchasing,
irrespective of the source of the funds, unless a more restrictive requirement exists in law. In the
event federal or state assistance is used,any legal provision,rule, regulation, or contract provision
more restrictive or specific than City Code shall apply.
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.
ORDINANCE NO. 10,014 (Cont.)
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. 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.
Contract Modification (bilateral change). 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.
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.
ORDINANCE NO. 10,014 (Cont.)
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.
Limited Source. Means of such a unique nature that the less than three sources of the item or
service have been identified after a diligent and objective search rendering the process of obtaining
three independent quotations impossible. It also means, for purposes of repair or maintenance of
properly procured equipment, parts or services under restrictive agreements which render the
source of the item limited by the manufacturer or distributor of the necessary repair part or service.
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.
ORDINANCE NO. 10,014 (Cont.)
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.
Sole Source. Means of such a unique nature that the contractor selected is clearly and justifiably
the only practicable source to provide the service or personal property. Determination that the
contractor selected is justifiably the sole source is based on either the uniqueness of the service
or personal property or sole availability at the location required.
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. Any
material marked as confidential,proprietary and/or as a trade secret will only be withheld pursuant
to these statutes if the bidder includes an explanation of why this information should be withheld
at the time of submission of their bid and establishes that the release of said information would
serve no legitimate public purpose. Bidders are expressly advised that confidentiality is not
guaranteed and should not be presumed.
27-5 Purchasing Agent; Position
The City shall maintain a position to be known as the Purchasing Agent. If the position is not
occupied by an individual working in that capacity full time, the Chief Financial Officer shall be
ORDINANCE NO. 10,014 (Cont.)
the Purchasing Agent of the City and shall be responsible to the Mayor for the efficient conduct of
his/her office. The Purchasing Agent may use one or more designees to perform their duties as
may be needed from time to time.
The Purchasing Agent shall develop and maintain standard procedures, manuals, paperwork, and
other resources as may be needed. These procedures shall have the full force and effect of policy
so long as they are compliant with all applicable laws and regulations to include this Code.
27-6 Purchasing Agent; Duties
The Purchasing Agent, or his/her designee(s), shall have the responsibility to:
(1) Purchase or contract for all supplies, equipment, and contractual services needed by any using
department or agency which derives its support wholly or in part from the City.
(2) Develop procedures, rules, regulations, internal management, and operational regulations of
the purchasing functions so entrusted to them.
(3) To procure for the City the highest quality in supplies, equipment, and contractual services at
the least expense to the City.
(4) To take actions to discourage anticompetitive practices amongst all involved in the purchasing
process.
(5) To ensure an open and competitive purchasing process to the maximum extent possible on all
purchases and sales.
(6) To explore the opportunities available to the city to purchase bulk or pooled supplies so as to
take full advantage of discounts which may be available.
(7) To develop and maintain such centralized inventory systems as may be needed to effectively
use purchases or procurements made in bulk or made to benefit the City as a whole.
(8) To procure for the City all tax exemptions to which it is entitled;
(9) To authorize officials and employees to make small purchases as may be efficient from time
to time.
(10) To assist departments in the development of requests for pre-qualification,proposals,bids,
or other procurements.
(11) To assist in the review of submissions and procurements.
(12) To negotiate contracts in consultation with the City Attorney.
(13) Declare vendors who default on their quotations, bids, or proposals irresponsible vendors
and to disqualify them from receiving any business from the City for a stated period of time.
(14) Develop and impose procedures related to debarment or disqualification of vendors or
persons involved in procurement.
(15) Prepare, or cause to be prepared, written specifications for standard supplies.
(16) Work in consultation with the City Engineer in the development of cost estimates as may
be required by law.
(17) Remain educated and informed on developments in the field of purchasing,prices,market
conditions, new products, and to secure for the City the benefits of such education and
information.
(18) Develop and maintain a list of pre-approved purchasing cooperatives and ensure
membership is obtained as may be deemed necessary.
ORDINANCE NO. 10,014 (Cont.)
(19) To perform any related duties as may be assigned by the Chief Financial Officer.
27-7 Administrative Rules & Procedures
The Purchasing Agent shall develop any necessary administrative rules and procedures as they
may determine are necessary for efficient and legally compliant purchasing procedures.The Agent
shall keep any administrative rules and procedures continuously current and shall make the same
available at all times to employees and officials charged with making purchases using City funds.
All City Employees&Officials permitted to make purchases shall comply with any administrative
rules and procedures as may be developed by the Purchasing Agent.
27-8 Formal Procurement Procedure
When the estimated cost of supplies, equipment or contractual services exceeds fifty thousand
dollars($50,000.00),no formal contract for purchase shall be authorized until the contract, if any,
has been reviewed by the City Attorney, and without prior approval of the City Council. All
supplies,equipment,and contractual services in this category shall be purchased by formal written
contract or purchase order, from the lowest responsible and responsive bidder, after due notice
inviting bids or proposals.
Notice inviting bids or proposals shall be published once in at least one (1) official newspaper in
the city and at least ten (10) days preceding the last day set for the receipt of bids or proposals.
The bid notice shall include a general description of the items to be purchased, and shall state
where bid forms and specifications may be secured, and the date,time and place for opening bids.
The proposal notices shall include a description of the services to be purchased and the criteria for
evaluating said proposals if cost is not the sole determining factor. The Purchasing Agent, or
his/her designee, shall also endeavor to distribute bid or proposal documents to responsible
prospective suppliers of whom the Purchasing Agent, or his/her designee, may be aware.
When deemed necessary by the Purchasing Agent, or his/her designee, bid or proposals deposits
shall be prescribed in the public notice inviting bids or proposals. Unsuccessful bidders shall be
entitled to a return of surety required by the Purchasing Agent, or his/her designee. The successful
bidder shall forfeit his/her bid deposit upon failure on his/her part to enter a contract within ten
(10) days after the award.
Bids or proposals shall be submitted sealed to the City Clerk and shall be identified as bids on the
envelope. Bids or proposals shall be opened in public on the date and at the time and place stated
in the public notices. A tabulation of all bids received shall be available for public inspection.
Proposals shall be evaluated in the manner prescribed in the solicitation but no tabulation shall be
required to be prepared or made available for public inspection.
When possible,objective evaluation factors should be used in evaluating solicitations by proposal.
Proposals shall include a scoring sheet to be evaluated by no less than three(3)evaluators.At least
one evaluator shall be the Purchasing Agent. No evaluator shall participate who has been directly
solicited by any company offering a proposal, who has a conflict of interest, or who has received
ex-parte communication from any proposer about the subject of the procurement within 60 days
prior to the solicitation or at any time during the solicitation.
ORDINANCE NO. 10,014 (Cont.)
The City Council shall have the authority to reject all bids or proposals, parts of all bids or
proposals,or all bids or proposals for any one(1)or more supplies or contractual services included
in the proposed contract, when the public interest will be served thereby.
The City Council shall have the authority to not accept the bid or proposal of a contractor who is
in default on the payment of city collected taxes, licenses, or other monies due the City.
Contracts shall be awarded to the lowest responsible and responsive bidder, or the proposal which
best represents the lowest responsible and responsive proposal likely to meet the criteria set forth
in the solicitation.In determining"lowest responsible bidder",in addition to price,the City Council
shall consider:
(1) The ability, capacity, and skill of the bidder to perform the contract required;
(2) The character, integrity, reputation,judgment, experience and efficiency of the bidder;
(3) Whether the bidder can perform the contract within the time specified;
(4) The quality of performance of previous contracts;
(5) The previous and existing compliance by the bidder with laws and ordinances relating to
the contract;
(6) The life-cost of the personal property in relation to the purchase price and specific use of
the item;
(7) The performance of the personal property, taking into consideration any commonly
accepted tests and standards of product usability and user requirements;
(8) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or
equipment;
(9) The information furnished by each bidder when deemed applicable by the Purchasing
Agent, or his/her designee, concerning life-cycle costs between alternatives for all classes
of equipment, evidence of expected life, repair and maintenance costs, and energy
consumption on a per-year basis;
(10) Such other information as may be secured having a bearing on the decision to award
the contract;
(11) A "responsive bidder" shall be defined as a person or company who has submitted
a bid that conforms in all material respects to the "Invitation for Bids".
When the award is not given to the lowest bidder, a full and complete statement of the reasons for
placing the order elsewhere shall be prepared by the Purchasing Agent, or his/her designee, and
filed with other papers relating to the transaction.
No contract in excess of fifty thousand dollars ($50,000.00) for enlargements or general
improvements, such as (by way of illustration, not limitation)water/sewer main extensions, street
improvements,park improvements,or airport improvements,shall be awarded by the City Council
until the plans/specifications and estimate of the cost are approved by the City Council.
Except in the case of tie bids, there shall be neither formal nor tacit local vendor's preference
policies. The City shall neither impose nor condone any bidding or procurement policies that result
in exclusionary or anti-competitive bidding or violate state or federal antitrust laws, or which
ORDINANCE NO. 10,014 (Cont.)
violate the City's conflict of interest policy. If all bids received are for the same total amount or
unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where
there is no local bidder or when two (2) or more local bidders are equal,the Purchasing Agent, or
his/her designee, shall award the contract to one (1) of the tie bidders by drawing lots in public.
The City, whenever applicable, may, by the use of purchasing under a State of Nebraska contract,
purchase supplies, equipment or services without the necessity of using the formal bid
requirements as set forth in this section.
The Purchasing Agent, or his/her designee, shall have the authority to join with other units of
government in cooperative purchasing of supplies, equipment or services when the best interests
of the City would be served thereby. The Purchasing Agent shall be empowered to authorize
purchasing from these cooperative partnerships in the same manner as they may make purchases
under a State of Nebraska contract.
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 rescission.
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.
The Purchasing Agent shall have the authority 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.
In the event all bids exceed the estimated amount by 5%,the Purchasing Agent and City Attorney
may attempt to negotiate a contract with the lowest responsible bidder for an amount which does
not exceed the estimated amount by 5%. In the event the lowest responsible bidder declines to
reduce their bid to amount not to exceed 5% over the estimated cost,the bid shall be canceled, re-
estimated, new solicitations must be obtained.
27-9 Reserved
Reserved
27-10 Designated Professional Services
ORDINANCE NO. 10,014 (Cont.)
For the purpose of procuring professional services, to the extent possible the processes for
obtaining formal contract shall be followed except that professional services of an attorney,
physicians, dentists, accountants, or veterinarians may be obtained without formal procurement;
except that retention of lawyers may only be done by the City Attorney.
The Purchasing Agent may utilize a system of pre-qualification when deemed necessary prior to
soliciting requests for proposals for professional services. This request for qualifications shall
detail the anticipated professional service needs and the minimum acceptable qualifications. If at
least three respondents meet these pre-qualification criteria, a solicitation may be limited only to
those pre-qualified respondents.
Professional services must be solicited by a request for proposals published in the same manner as
all formal contracts.
The Purchasing Agent, in conjunction with the head of a using department requesting such
professional services, shall develop all solicitation materials and shall evaluate all submitted
proposals. Discussions held between the Purchasing Agent and the using Department shall be
conducted in a way to avoid disclosure of any information derived from proposals submitted by
other offerors.
The Purchasing Agent may develop procedures for the use of a team to evaluate proposals as they
see fit.
Professional services worth less than $10,000 may be considered small purchases if they can be
made with purchase order and without contract.
27-11 Informal Purchasing; Quotations; Small Purchases
When the estimated cost of supplies, equipment or contractual services is less than fifty thousand
dollars($50,000.00),but more than ten thousand($10,000)the purchase shall be made in the open
market, without advertisement and without observing the procedure prescribed for the award of
formal contracts in this article and shall be referred to as quotation based purchase. All such
purchases shall be awarded by the Purchasing Agent, or his/her designee.
All quotation based purchases greater than $10,000 and not more than $50,000 shall be acquired
after the solication of three(3)quotations.Purchases made under this authority must be made from
the lowest responsible and responsive bidder, in accordance with the same criteria established for
formal contracts.
Before authorizing purchasing by quotation be done by anyone other than the Purchasing Agent
or designee, the Purchasing Agent shall independently verify the quotations represent a
competitive solicitation in the open market. If the purchasing Agent becomes aware that any
designee or authorized employee is engaged in anticompetitive solicitation of quotations, the
Purchasing Agent shall deny the authorized individual the authority to purchase by quotation for
a period of no less than 24 months.
If the purchase by quotation can be done via use of a purchasing card or purchase order, it
may be delegated by the purchasing agent to individuals or departments.
ORDINANCE NO. 10,014 (Cont.)
Purchases less than $10,000 may be made without formal contract or quotation so long as they are
made in good faith on the open market. These purchases shall be known as small purchases.
If the small purchase can be done via use of a purchasing card or purchase order, it may be
delegated by the purchasing agent to individuals or departments.
General. The Purchasing Agent shall adopt operational procedures for making small purchases of
materials, supplies, equipment, services or labor in the amount of$10,000 or less. Such
operational procedures shall provide for obtaining adequate and reasonable competition for the
supply, service, or construction being purchased. Purchases shall not be artificially divided so as
to constitute a purchase by quotation or general purchase under this section.
For contracts 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,the amount
for three (3)quotes shall be between $10,000 and $120,000. 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.
Purchase requirements shall not be artificially divided so as to constitute a purchase by quotation
or general purchase under this section.
27-12 Sole Source Procurement; Limited Source Procurement
Sole source means of such a unique nature that the contractor selected is clearly and justifiably the
only practicable source to provide the service or personal property. Determination that the
contractor selected is justifiably the sole source is based on either the uniqueness of the service or
personal property or sole availability at the location required.
Items or services necessary to preserve, repair, maintain, extend, or expand, the useful life and
value of any asset that was purchased through an open and competitive process may be considered
for sole or limited source procurement if due diligence shows that the proposed contractor is the
sole and exclusive provider of the service or items needed to preserve or extend the useful life and
value of any asset so long as the combined value of the necessary item(s) or service(s) do not
exceed the original purchase price of the asset or value of the original contract or fifty-percent of
its remaining useful life prior to the additional procurement as determined by the Purchasing
Agent. This cannot be used to expand agreements which include architect, engineering, or
construction services; or be used in violation of any other applicable State or Federal law.
Sole source designation shall only be valid for ten (10) years and must be designated so by City
Council upon recommendation of the Purchasing Agent.After ten(10)years,the Purchasing Agent
shall resolicit bids for said item(s).
Limited source designation shall only be valid for three (3) years and must be designated so by
City Council upon recommendation of the Purchasing Agent and any resulting purchase must be
authorized by Council. After three (3) years, the Purchasing Agent shall resolicit bids for said
item(s).
27-13 Emergency Procurement
No changes
ORDINANCE NO. 10,014 (Cont.)
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 at the sole discretion of the Purchasing
Agent or, when applicable, the City Attorney. 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 Reserved
Reserved
27-16 Reserved
Reserved
27-17 Reserved
Reserved
27-18 Bid And Performance Bonds; Bid Security
Bid Security shall be required for all competitive sealed proposals when the price is estimated by
the Purchasing Agent or City Engineer to exceed $100,000, or for all contracts for public works
improvements in excess of $50,000 as set forth below, and for any other contracts as deemed
necessary by the Purchasing Agent or Using Department.
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. The head of a using department may object to the
waiver or exclusion of security requirements and, upon said objection, Council may require the
Purchasing Agent include any requested security in the solicitation. 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.
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.
Bid security shall be in an amount equal to at least 5%of the amount of the bid.
ORDINANCE NO. 10,014 (Cont.)
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.
If a bidder is permitted to withdraw its bid before award as provided in City Code, no action shall
be had against the bidder or the bid security.
When a contract is awarded in excess of$30,000 for the erecting, furnishing, or repairing of any
public building, bridge, roadway, or other public structure or improvement, 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/or;
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.
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.
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.
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.
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.Any person may request and obtain from the City a certified copy of a bond upon
ORDINANCE NO. 10,014 (Cont.)
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.
27-19 Types of Contracts
(1) General Authority. The Purchasing Agent shall maintain a list of approved types of contracts
within available purchasing materials. All contracts, regardless of kind, must promote the best
interests of the City. No contract type prohibited by law may be used. Prior to solicitation the
Purchasing Agent shall review the requested procurement to ensure that the proposed type of
contract is permissible for the proposed procurement.
(2)Prohibited Contracts.
(a) Cost-plus-a-percentage-of-cost contracts are prohibited.
(b) Indefinite Term Contracts are prohibited.
(3)Restricted Contracts.
(a) Design-Build Contracts may be used only when expressly authorized by law. When
permitted by law, the Purchasing Agent shall undergo a cost or price analysis (see 2-17) prior to
solicitation and no design-build contract may be awarded which exceeds the estimated price.
(b) 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.
(c) Contracts with Foreign companies may only be used with the approval of the
Purchasing Agent and City Attorney and may not be used when prohibited by law.
(d)Contracts which involve a conflict-of-interest, or which are awarded from a solicitation
in which one or more responders had a conflict of interest,may only be used if the solicitation was
conducted in such a manner as to sufficiently avoid,disclose,and protect against, said conflict.No
contract over$2,000 involving an actual or potential conflict of interest may be awarded unless it
was publicly solicited and the solicitation occurred in conformity with all applicable conflict of
interest policies, laws, rules, and regulations.
(e)Multi-Term Contracts may he used only when a determination has been made that:
(1) The specific period of time is deemed to be in the best interests of the City,
(2) 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.
(3) Sufficient contract terms have been included to ensure that payment and performance
obligations, for succeeding fiscal periods shall be subject to the availability and
appropriation of funds for said purchase.
(4) That estimated requirements cover the period of the contract and are reasonably firm
and continuing; and
ORDINANCE NO. 10,014 (Cont.)
(5) That such a contract will serve the best interests of the City by encouraging effective
competition or otherwise promoting economics in City procurement.
(6) Multi-Term Contracts must include clarity regarding cancellation due to unavailability
of funds in succeeding fiscal periods. Provisions should include clear notice that 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.
(f) Multiple Source Contracts. Are 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) and other applicable laws, rules, and regulations. 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 all other provisions of City Code 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. If a multiple source award is anticipated prior to issuing a solicitation, the
reservation of a right to issue such award and the criteria shall be included in the solicitation and
the purchasing agent shall note the reason for their approval of this type of contract in the contract
file.
When awarded,multiple source contracts shall include the following provisions:
(1) All known or anticipated non-City users of the contract shall be named in the
solicitation
(2) A notation that additional bids may be separately taken if a particular quantity
requirement arises which exceeds the requirements set forth in the solicitation or an
amount specified in the contract
(3) A notation that the City reserves 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.
27-20 Contract Clauses
(1) 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;
ORDINANCE NO. 10,014 (Cont.)
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:
1. When the contract is negotiated;
2. When the contractor provides the site or design; or
3. When the parties have otherwise agreed with respect to the risk of differing site conditions.
K. Clear start and end dates for the term of the contract and any renewals. Indefinite contracts
shall not be permitted.
L. Options for discretionary renewals.
M. A specific prohibition on automatic renewals or default renewals.
N. Price Adjustment restrictions.
(2) 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:
(a). By agreement on a fixed price adjustment before commencement of the pertinent
performance or as soon thereafter as practicable;
(b). By unit prices specified in the contract or subsequently agreed upon;
(c). 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;
(d). In such other manner as the contracting parties may mutually agree; or
(3) 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 City Code.
ORDINANCE NO. 10,014 (Cont.)
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 City Code.
(4). Standard Clauses and Their Modification. The purchasing agent may establish standard
contract clauses for use in City contracts subject to approval by the City Attorney. 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. In the event standard clauses
are used they shall be included in any solicitation and shall be included in the award unless the
Purchasing Agent and City Attorney authorize an award subject to an exception to the standard
clause(s) at question. Contracts for public works shall include a provision for the maintenance of
fair labor standards as required in Neb. R.R.S. 73-102, other applicable State or Federal Law,
and/or any requirement set forth by any non-City funder or regulator.
27-21 Reserved
Reserved
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.
The Purchasing Agent is authorized to include in any solicitations pre-approved accounting
systems as they may deem appropriate.
27-23 Right To Inspect Plant
No Changes
27-24 Right To Audit Records
No Changes
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.
All solicitations shall include clear notice that any anticompetitive practices may result in the
disqualification of bids or proposals at the sole discretion of the Purchasing Agent. Solicitations
shall include reference to the City of Grand Island's conflict of interest policy and shall require
compliance with all applicable Federal, State, or Local laws or regulations.
ORDINANCE NO. 10,014 (Cont.)
The Purchasing Agent is hereby authorized to develop any detailed provisions or policies as may
be necessary to ensure a conflict-free procurement process. Any employee engaging in
anticompetitive practices may be subject to discipline up to and including termination.
27-26 City Procurement Records
No changes
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_No
specifications may be used without the approval of the Purchasing Agent who shall ensure that
specifications are not anticompetitive and do not result in preferential treatment of any known or
potential bidder or proposal. 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. The Purchasing Agent shall ensure that all proposals are evaluated in a manner that
promotes overall economy and competition in satisfying the City's needs.
27-28 Specifications; Brand Name Or Equal
(1) 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.
E. The nature of the product and the brand name or equivalent specification would otherwise meet
all requirements of a Limited Source Procurement as set forth in City Code.
(2) 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. Efforts will be made to use product specifications or references to existing inventory to
aid potential bidders in determining what the City will accept as "equivalent" so as to not limit or
restrict competition.
The Purchasing Agent will seek to identify sources from which these items, or their equivalents
may be obtained and will verify that the proposed sources represent the most competitive price
practicably available prior to award. If only one source can supply the requirement, the
procurement shall be made as a sole or limited source procurement as set forth in Code.
27-29 Reserved
Reserved
ORDINANCE NO. 10,014 (Cont.)
27-30—Reserved
Reserved
27-31—Reserved
Reserved
27-32—Reserved
Reserved
27-33 Reserved
Reserved
27-34 Fiscal Responsibility
No Changes
27-35 Reserved
Reserved
27-36— Reserved
Reserved
27-37 Reserved
Reserved
27-38—Reserved
Reserved
27-39 Bid Protests
No Changes
27-40 Contract Claims
No Changes
27-41 Authority To Settle Protests Or Claims
No Changes
27-42 Remedies For Violations
No Changes
ORDINANCE NO. 10,014 (Cont.)
Article 27-II
Ethics In Public Contracting
No Changes
Article 27-III
Contracts Funded With Federal Funds
27-52 Exceptions for State or Federally Funded Contracts
If State or Federally funded programs mandate a different contracting procedures or regulations,
those procedures and regulations shall control.
27-53 Reserved
Reserved
27-54—Reserved
Reserved
27-55—Reserved
Reserved
27-56—Reserved
Reserved
27-57—Reserved
Reserved
27-58—Reserved
Reserved
27-59—Reserved
Reserved
Article 27-IV
Miscellaneous Expenditure Act
27-60 Miscellaneous Expenditures
(1) The expenditure of public funds is hereby subject, pursuant to the State of Nebraska Local
Government Miscellaneous Expenditure Act, to the following:
(a)Authorized expenses may include:
(1) Registration costs,tuition costs, fees, or charges; and
ORDINANCE NO. 10,014 (Cont.)
(2) Travel costs in conformity with the City's travel policies and procedures.
(3) 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 (1) or more other governing bodies.
(b) 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.
(2) The expenditure of public funds is hereby authorized,pursuant to the State of Nebraska Local
Government Miscellaneous Expenditure Act, for the following purposes:
(a) Nonalcoholic beverages provided to individuals attending public meetings of the City
Council.
(b) Nonalcoholic beverages and meals:
(1) Provided for any individuals while performing or immediately after performing
relief, assistance, or support activities in emergency situations, including, but not
limited to,tornadoes, severe storm, fire or accident;
(2) 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;
(3) Provided at one (1) recognition meal each year held for elected and appointed
officials, employees. The maximum cost per person for such meal shall not exceed
the General Services Administration (GSA) dinner per diem for the City of Grand
Island.The annual recognition dinner may be held separately for employees of each
department or separately for volunteers, or any of them in combination.
(4) Provided for meetings in excess of four hours such as conferences, trainings, or
other cooperative gatherings.
(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 Up to $50.00
Board, Commission Up to $100.00
Award Ceremony/Farewell Tribute for employees who are in good standing Up to $150.00
and have completed 10 years of service
Item of Value for Employee Recognition Program
5 years of employment milestone Up to $75.00
10 years of employment milestone Up to $100.00
15 years of employment milestone Up to $125.00
ORDINANCE NO. 10,014 (Cont.)
20 years of employment milestone Up to $150.00
25 years of employment milestone Up to $175.00
30 years of employment milestone Up to $200.00
35 or more years of employment milestone Up to $225.00
(d) Travel for Business shall be in accordance with the City's Procurement and Procedures
Manual and Travel Policy as may be developed and amended from time to time by the
Purchasing Agent.
27-61—Reserved
Reserved
27-62—Reserved
Reserved
Article 27-V
27-63—Reserved
Reserved
Article 27-VI Construction Alternatives
No Changes
SECTION 3. Any ordinance or parts of ordinances in conflict herewith be, and hereby are
superseded effective June 7, 2025
SECTION 3. This ordinance shall be in force and take effect from and after its passage
and publication,within fifteen days in one issue of the Grand Island Independent as provided by
law
Rogerteele, Mayor
Attest:
.e/ Gf _�F GRAND..........
Jill"ranere, City Clerkr'\,coOA%
let tt 44.0 10,1i6k1' ' I