11/04/2003 Resolutions 2003-331
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RES 0 L UTI 0 N 2003-331
WHEREAS, the City of Grand Island obtains funding from Community Development
Block Grant (CDBG) funding sources for various improvement projects throughout the community;
and
WHEREAS, as the funding comes from federal sources, it is required that the use of
such funding adhere to Code of Federal Regulation 24 C.F.R. Section 85.36 or current state statutes,
whichever is more strict; and
WHEREAS, the proposed Procurement Procedures and Code of Conduct is attached
hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, it is recommended that such proposed Procurement Procedures and
Code of Conduct be adopted for use on projects utilizing Community Development Block Grant
(CDBG) funding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby adopts the
attached "Procurement Procedures and Code of Conduct" for the use of Community Development
Block Grant (CDBG) funds.
Adopted by the City Council of the City of Grand Island, Nebraska, November 4,2003.
QDA~9Q~
RaNae Edwards, City Clerk
Approved as to Form
October 31, 2003
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Exhibit "A"
City of Grand Island, Nebraska
Procurement Procedures and Code of Conduct
For Use With
Community Development Block Grant (CDBG) Funds
The City of Grand Island, Nebraska will in all cases of procurement for professional services,
construction services, and materials needed for Community Development Block Grant (CDBG)
Programs adhere to Code of Federal Regulation 24 C.F.R. Section 85.36 or current state
statutes; in all cases the stricter shall apply. The following procedures summarize said laws and
regulations.
(A) Procurement shall be made by one of the following methods:
(1) Small Purchase Procedures [24 C.F.R. Section 85-.36(d)(1)] - This method
will generally be used to obtain small quantities of supplies. Small purchase
procedures are those relatively simple and informal procurement methods for
security services, supplies, or other property that do not cost more than the
simplified acquisition threshold fixed at 41 U.S.C. 403(11) (currently set at
$100,000). If small purchase procedures are used, price or rate quotations shall
be obtained from an adequate number of qualified sources.
(2) Competitive Sealed Bids [24 C.F.R. Section 85.36(d)(2)] - This method will
generally be used to obtain contractors for construction projects and for
large quantities of goods or materials. Bids are publicly solicited and a firm-
fixed-price contract (lump sum or unit price) is awarded to the responsible bidder
whose bid, conforming with all the material terms and conditions of the invitation
for bids, is the lowest in price.
(3) Competitive Proposals [24 C.F.R. Section 85.36(d)(3)] - This method will
generally be used to obtain professional services. This method has two
subparts - The Request for Proposal and the Request for Qualifications.
Request for Proposals - The Request for Proposals (RFP) must clearly and
accurately state the technical requirements for the goods and services required;
the grantee must publicize the RFP, and to the maximum extent practicable,
honor reasonable requests by parties to have an opportunity to compete:
proposals must be solicited from an adequate number of qualified sources,
consistent with the nature and requirements of the procurement; the grantee
must conduct a technical evaluation of the submitted proposals to identify the
responsible offerors; as necessary, the grantee must conduct negotiations with
those offerors who are deemed responsive and responsible and fall within a
competitive price range, based on the grantee's evaluation of the bidders' pricing
and technical proposals. After negotiations, these bidders may be given the
opportunity to submit a "best and final" offer; and the grantee must award the
contract to the most responsive and responsible offeror after price and other
factors are considered through scoring the proposals or "best and final" offers
according to predetermined evaluation criteria. The successful proposal/offeror
must clearly be the most advantageous source of the goods and services.
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Exhibit "A"
Request for Qualifications - Grantees and subgrantees may use competitive
proposal procedures for qualifications-based procurement of
architectural/engineering (AlE) professional services whereby competitors'
qualifications are evaluated and the most qualified competitor is selected, subject
to negotiation of fair and reasonable compensation. The method, where price is
not used as a selection factor, can only be used in procurement of AlE
professional services. It cannot be used to purchase other types of services
though AlE firms are a potential source to perform the proposed effort.
(4)
Non-Competitive Proposals/Sole Source [24 C.F.R. Section 85.36(d)(4)] -
This method will only be used after approval from the Department of
Economic Development. When requesting permission to use this method, the
grantee will have to show that another method of procurement was not feasible
because: the item or service was only available from a single source; a public
emergency or condition requiring urgency existed which did not permit the use of
competitive procurement; or competition was determined to be inadequate after
solicitation of proposals from a number of sources.
(8) The cost plus a percentage of cost and percentage of construction cost method of
contracting shall not be used.
(C)
(D)
The City of Grand Island, Nebraska, shall maintain records sufficient to detail the
sufficient history of a procurement. These records shall include at a minimum: rationale
for the method of procurement; selection of contract type; contractor selection or
rejection; and the basis for the cost or price.
The following contract provisions or conditions shall be included in all procurement
contracts and subcontracts:
General Administrative Provisions
Effective date of the contract.
· Names and addresses of the firm and the grantee.
. Citation of the authority of the grantee under which the contract is entered into and
the source of the funds.
Conditions and terms under which the contract may be terminated by either party
and remedies for violation/breach of contract.
· Procedures for amending or revising the contract.
Scope of Services
. Detailed description of the extent and character of the work to be performed.
. Time for performance and completion of contract services, including project
milestones, if any.
. Specification of materials or other services to be provided (i.e. maps, reports, etc.)
Method of Compensation
Provisions for compensation for services including fee and/or payment schedules
and specification of maximum amount payable under the contract.
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Exhibit "A"
Federal Standard Provisions
· Compliance with Executive Order 11246, as amended (Required for service
contractors only if the contractor has 50 or more employees and the contract is for
more than $50,000)
· Title VI of the Civil Rights Act of 1964 clause.
· Section 109 of the Housing and Community Development Act of 1974 clause.
· Section 3 compliance clause (Required only if the contract exceeds $100,000)
· Access to Records/Maintenance of Records clause
· When required, all construction contracts exceeding $2,000 shall include provisions
for compliance with the Davis-Bacon Act (DBA), the Contract Work Hours and
Safety Standards Act (CWHSSA), The Copeland Act (Anti-Kickback Act) clause,
and the Fair Labor Standards Act (FLSA) clause.
This Code of Conduct shall govern the performance of the elected or appointed officials or
member of any board or commission, employees, or agents of the City of Grand Island,
Nebraska, engaged in the award and administration of contracts supported by Federal funds
under Community Development Block Grant.
I.
The provisions and requirements of the Conflict of Interest, at subpart (d) of the
Nebraska Political Accountability and Disclosure Act [such subpart (d) encompassing
Sections 49-1493 through 49-14,1404 of the Nebraska Revised Statutes], are
incorporated in this Code of Conduct by this reference. The provisions and requirements
of 24 C.F.R. Section 85.36(b)(3) are also incorporated in this Code of Conduct by this
reference. The requirements of these Nebraska state statutes and federal regulations
will be adhered to, and in the event of a conflict in the requirements of any of such state
and federal requirements, the stricter of any conflicting provisions will be adhered to.
II. No employee, officer or agent of the municipality shall participate in the selection, or in
the award or administration of a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved. Such a conflict would arise when an
employee or agent; any member of his or her immediate family; his or her partner; or an
organization, which employs, or is about to employ, any of the above, has a financial or
other interest in the firm selected for award.
III. The municipal employees, officers or agents shall neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or parties to
subcontracts.
IV. Violations of the Code of Conduct will invoke penalties and sanctions consistent with
applicable Federal and State laws.
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