[Adopted as Ch. 1, Art. 10, § 1004, of the 1976
Code; amended 10-5-1982 by Ord.
No. 29-82; 9-20-1983 by Ord. No. 23-83; 9-18-1984 by Ord. No. 34-84; 9-16-1986 by Ord. No. 13-86; 11-2-1993 by Ord. No. 44-93]
(Neb. RS 18-305 through 18-312, 49-14, 103.01 through 49-14,
103.03, 70-624.04)
As used in this article, the following terms shall have the
meanings indicated:
OFFICER
A.
Means:
(1)
Any member of any board or commission of the municipality;
(2)
Any appointed official if such municipal official:
(a)
Serves on a board or commission which spends and administers
its own funds; and
(b)
Is dealing with a contract made by such board or commission;
or
(3)
Any elected municipal official.
B.
Unless specified otherwise, volunteer firefighters and ambulance
drivers shall not be considered officers for purposes of this article,
with respect to their duties as firefighters and ambulance drivers.
No officer of the municipality shall be permitted to have an
interest in any contract to which the municipality is a party. The
existence of such an interest in any contract renders the contract
voidable by decree of a court of competent jurisdiction as to any
person who entered into the contract or took assignment thereof with
actual knowledge of the prohibited conflict.
A. An action
to have a contract declared void under this section may be brought
by the municipality or by any resident thereof and must be brought
within one year after the contract is signed or assigned. Any such
decree may provide for the reimbursement of any person for the reasonable
value of all money, goods, material, labor, or services furnished
under the contract, to the extent that the municipality has benefitted
thereby.
B. The prohibition
in this section shall apply only when the officer or his or her parent,
spouse, or child 1) has a business with which the individual is associated
or business association, which shall mean a business: a) in which
the individual is a partner, director, or officer or b) in which the
individual or a member of the individual's immediate family is a stockholder
of a closed corporation stock worth $1,000 or more at fair market
value or which represents more than five-percent equity interest,
or is a stockholder of publicly traded stock worth $10,000 or more
at fair market value or which represents more than ten-percent equity
interest or 2) will receive a direct pecuniary fee or commission as
a result of the contract; provided, however, if such officer is an
employee of the business involved in the contract and has no ownership
interest or shall not receive a pecuniary fee, such officer shall
not be deemed to have an interest within the meaning of this section.
The provisions of this article shall not apply if the contract
is an agenda item approved at a board meeting and the interested officer:
A. Makes a declaration on the record to the governmental body 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 matters of granting the contract, making payments
pursuant to the contract, or accepting performance of work under the
contract, or similar matters relating to the contract, except that
if the number of members of the board declaring an interest in the
contract would prevent the board, 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 municipality as to inspection or performance
under the contract in which he or she has an interest.
The receiving of deposits, cashing of checks, and buying and
selling of warrants and bonds of indebtedness of any municipality
by a financial institution shall not be considered a contract under
the provisions of this article. The ownership of less than 5% of the
outstanding shares of a corporation shall not constitute an interest
within the meaning of this article.
Notwithstanding the provisions of §
100-1.2 above, if an officer's parent, spouse or child is an employee of the municipality, the officer may vote on all issues of the contract which are generally applicable to all employees or all employees within a classification and do not single out his or her parent, spouse, or child for special action. If an officer has the power to employ personnel and he or she hires his or her parent, spouse, or child, such officer shall disclose the hiring pursuant to §
100-1.6 below, except that if the parent, spouse, or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made.
An open account established for the benefit of any municipality
or entity thereof, with a business in which an officer has an interest,
shall be deemed a contract subject to the provisions of this article.
The statement required to be filed pursuant to this article shall
be filed within 10 days after such account is opened. Thereafter,
the Clerk shall maintain a running account of all amounts purchased
on the open account. Purchases made from petty cash or a petty cash
fund shall not be subject to the provisions of this article.
Any officer who knowingly violates this article shall be guilty
of a Class III misdemeanor. Any officer who negligently violates this
article shall be guilty of a Class V misdemeanor.
Contracts involving $100 or less in which an officer of the
municipality may have an interest are hereby exempted from the provisions
of this article.
No officer, including volunteer firefighters and ambulance drivers,
shall receive any pay or perquisites from the municipality other than
his or her salary. The governing body shall not pay or appropriate
any money or other valuable thing to pay a person who is not an officer
for the performance of any act, service, or duty which shall come
within the proper scope of the duties of any officer of the municipality.
(Neb. RS 17-611)
[Adopted 1-3-2023 by Ord. No. 2023-1]
The purpose of the below recommended guidelines and procedures
is to authorize the City, through the Political Subdivisions Construction
Alternatives Act (Sections 13-2901 through 13-2914 of the Nebraska
Revised Statutes), to enter into a design-build contract which is
subject to qualification-based selection or a construction management
at risk contract for public contracts.
For purposes of this article, the following are the definitions
outlined in the Political Subdivisions Construction Alternatives Act.
CONSTRUCTION MANAGEMENT AT RISK CONTRACT
A contract by which a construction manager:
A.
Assumes the legal responsibility to deliver a construction project
within a contracted price;
B.
Acts as a construction consultant during the design development
phase of the project; and
C.
Is the builder during the construction phase of the project.
CONSTRUCTION MANAGER
The legal entity which proposes to enter into a construction
management at risk contract.
DESIGN-BUILD CONTRACT
A contract subject to qualification-based selection of the
design-builder to furnish:
A.
Architectural, engineering, and related design services for
a project; and
B.
Labor, materials, supplies, equipment and construction services.
DESIGN-BUILDER
The legal entity which proposes to enter into a design-build
contract by qualification-based selection.
LETTER OF INTEREST
A statement indicating interest to enter into a design-build
or construction management at risk contract for a project.
PERFORMANCE-CRITERIA DEVELOPER
Any person licensed or any organization issued a certificate
of authorization to practice architecture or engineering who is selected
to assist in the development of project performance criteria, requests
for proposals, evaluations of proposals, evaluation of construction
under a design-build contract to determine adherence to performance
criteria, and any additional requested services to represent the City's
interest in relation to a project. The performance-criteria developer
is ineligible to be included as a provider of any services in a proposal
for any project on which he/she/it has acted as performance-criteria
developer and is not employed by or does not have a financial or other
interest in a design-builder or construction manager who will submit
a proposal.
PROJECT PERFORMANCE CRITERIA
The performance requirements of the project suitable to allow
the design-builder to make a proposal. Performance requirements include
the following:
D.
Ingress and egress requirements;
G.
Soil and environmental information concerning the site;
H.
Interior space requirements;
I.
Material quality standards;
J.
Design and construction schedules;
K.
Site development requirements;
L.
Provisions for utilities and stormwater retention and disposal;
N.
Applicable governmental code requirements; and
O.
Other criteria for the intended use of the project.
PROPOSAL
An offer in response to a request for proposals a) by a design-builder
to enter into a design-build contract or b) by a construction manager
to enter into a construction management at risk contract.
QUALIFICATION-BASED SELECTION PROCESS
The process of selecting a design-builder based first on
qualifications of the design-builder and then on the design-builder's
proposed approach to the design and construction of the project.
The City Council shall adopt a resolution selecting the design-build
contract or construction management at risk contract delivery system
prior to proceeding with any of the steps involved with solicitation
or execution of any construction contract by the City. The resolution
requires the affirmative vote of at least 2/3 of the City Council.
For a project authorized under Subsection (3) of Section 13-2914 of
the Nebraska Revised Statutes, the resolution shall include a statement
that the political subdivision has made a determination that the design-build
contract or construction management at risk contract delivery system
is in the public interest based, at a minimum, on one of the following
criteria: a) savings in cost or time or b) requirement of specialized
or complex construction methods suitable for the design-build contract
or construction management at risk contract delivery system.
Nothing in the Political Subdivisions Construction Alternatives
Act shall limit or reduce statutory or regulatory requirements
regarding bonding or insurance.