[HISTORY: Adopted by the City Council of
the City of Papillion as indicated in article histories. Amendments
noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 18-1 — Neb. R.R.S.
§ 13-503.
[Adopted 7-21-1998 by Ord. No. 1268
(Ch. 1, Art. 10, of the 1990 Code)]
When used in this article, the following terms
and phrases shall have the following meanings:
Nonprofit organizations authorized under the laws of Nebraska
or any other state, and for-profit corporations offering fire protection
or rescue squad services.
Any funds included within the meaning of "public funds" as
defined by the Nebraska Budget Act, Neb. R.R.S. § 13-503
et seq., as currently existing or hereafter amended.
[Amended 6-2-2020 by Ord. No. 1883]
In addition to other contracting requirements imposed by state
law or City ordinance, all contracts where the consideration is paid
from funds of the City to nonprofit organizations authorized under
the laws of Nebraska or any other state, or to for-profit corporations
offering fire protection or rescue squad services, shall be in writing
and contain express provisions requiring the contractor:
A.
For contracts of $25,000 or more, to maintain an accounting of all
expenditures made with City funds in a format prescribed by the City
Finance Director. To make such records available to the City Finance
Director or other authorized City representative, upon request. The
accounting shall be updated regularly, and no less frequently than
quarterly. All records shall be retained for the greater of the term
of the contract or a period of five years.
B.
For contracts of $25,000 or more, to submit an annual report to the
City itemizing all expenditures of City funds in a format as prescribed
by the City Finance Director.
C.
For all contracts in which City funds are paid to the contractor
for a specific use or purpose, the contractor is prohibited from using
City funds in any way which is inconsistent with the specific use
or purpose for which said funds were originally given without a written
and properly executed modification of the contract approved in a manner
consistent with the contract. Any amounts which are not used for the
specific purpose outlined in the contract shall be reimbursed to the
City.
D.
Except for contracts with a purpose that expressly includes promoting
the City's legislative interests, the contractor or anyone on
the contractor's behalf is prohibited from spending any funds
of the City to promote or oppose any matter before any legislative
body or any matter appearing on an elective ballot.
It shall be unlawful for any consideration to
be paid from funds of the city to any contractor that is in violation
of any contract provision required by this section. In addition to
any rights accorded the city by law, including an action for specific
performance, violation of any contract provision required by this
section after all consideration under the contract has been paid shall
disqualify the contractor from contracting with the city for one year
after the contract containing the violated provision expires. Provided,
however, that payment may be authorized or disqualification may be
removed by the vote of 3/4 of all members elected to the City Council.
This article shall apply to all applicable contracts
which are awarded, renewed or extended after the article's effective
date.
Any person who violates any of the prohibitions
or provisions of any article or section of this chapter shall be deemed
guilty of a misdemeanor. Unless otherwise specified in the particular
article or section for which the person stands convicted of violating,
the penalty for such violation shall be in an amount not to exceed
$1,000 or imprisonment for any length of time not to exceed one year,
or both such fine and imprisonment, at the discretion of the court.
