City of Papillion, NE: Definitions.

[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.

FUNDS OF THE CITY

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.

§ 18-2 Additional contracting requirements for contracting with nonprofit organizations.

[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:

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.

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.

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.

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.

§ 18-3 Contractor obligations and performance; disqualification.

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.

§ 18-4 Applicability.

This article shall apply to all applicable contracts which are awarded, renewed or extended after the article's effective date.

§ 18-5 Violations and penalties.

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.