(a) Definitions. For the purpose of this Article, the following terms shall be defined as follows:
(1) "Administrator" shall mean the West Virginia State Auditor's Office Local Government P-Card Division or similar Person charged with the duties of administration of a City Card as may be authorized from time to time by the State.
(2) "B & 0 Tax(es)" shall mean the Business and Occupation Tax of the City that the City is authorized to impose by W.Va. Code § 8-13-5, as amended, or any successor provisions.
(3) "Best Interests of the City" shall mean the most reasonable interpretation of the wisest course of action for the City, or that course of action that the City Official responsible for the determination would make in the course of their private dealing when their own interests are at stake, as determined by the City Official charged with making such a determination under this Article.
(4) "Bid" shall mean any offer to complete certain Services or provide certain Goods to the City at a particular price and upon Specifications set forth in a Solicitation.
(5) "Bidder" shall mean a Business Enterprise that submits a Bid or a Proposal in response to a Solicitation by the City.
(6) "Business Day(s)" shall mean any day that the government offices of the State of West Virginia are open to the public.
(7) "Business Enterprise" shall mean any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, professional association or any other private legal entity, operated for profit, that is properly licensed under any applicable requirements of State and Federal Law and the City Code, to do business in the State of West Virginia and the City of Dunbar. The term may also include non-profit corporations or organizations that participate in Competitive Bidding for a Contract.
(8) "Charter" shall mean the Charter of the City of Dunbar, West Virginia.
(9) "City" shall mean the City of Dunbar West Virginia.
(10) "City Card" shall mean a debit or credit style card as described in Section 109.04
hereof and permitted and regulated by the State Code.
(11) "City Card Statements" shall mean all of those statements, receipts, reports and other documents produced by the use of the City Cards.
(12) "City Checks" shall mean those negotiable instruments the funds for the payment of which are drawn from the City's checking account(s).
(13) "City Clerk" see "Clerk".
(14) "City Code" shall mean the Charter, Codified Ordinances of the City of Dunbar, West Virginia and any properly issued rules or regulations of the City.
(15) "City Council" shall mean the City Council of the City of Dunbar acting in accordance with law at a duly noticed meeting of the same with a quorum present.
(16) "City Hall" shall mean the administrative and executive headquarters of the City, as it may be located or relocated from time to time.
(17) "City Official" shall mean any person employed by the City of Dunbar as an employee including Executive Officers of the City provided that such term shall not include independent contractors or members of the City Council.
(18) "Clerk" (or "City Clerk") shall mean the person holding the office of City Clerk.
(19) "Competitive Bidding" shall mean the process described in this Article to obtain Bids for the performance of Contracts and any procedures outlined herein for such process.
(20) "Contract(s)" shall mean any agreement of the City to purchase or procure Goods or Services, regardless whether such agreement is in writing.
(21) "Cooperative Purchasing" shall mean any purchase or Contract authorized by the City Council, in accordance with Section 109.08
(c) hereof, in which the City cooperates with Political Subdivisions to obtain favorable pricing on Goods or Services.
(22) "Department Heads" shall mean any City Official who is in charge of a particular department of City government.
(23) "Emergency" shall mean any imminent threat to the City or to human beings within the City's limits, or any imminent threat involving the destruction or damage beyond repair of the City's property, which is the result of a natural disaster, an act of God, war, riot, civil unrest, act or threat of terrorism, or mechanical or electrical failure. An Emergency may also exist when such imminent threat giving rise to an Emergency arises in a geographic location outside of the City in a circumstance giving rise to a moral or legal obligation of the City to assist its neighboring municipalities, the State of West Virginia or its political subdivisions or the United States of America. For the purposes of determining whether an Emergency exists a threat may be considered imminent if the reasonably likely consequences of the threat coming to fruition would occur in a time frame that would preclude the City from responding if such response were to occur under the Competitive Bidding procedures or otherwise usual and customary purchasing procedures of the City under this Article.
(24) "Employees" shall mean those agents of the City who are employed by the City and demonstrate those characteristics of an employee, as opposed to an independent contractor, as set forth by the Internal Revenue Service from time to time.
(25) "Executive Officers" shall mean the Mayor, the Clerk and the Manager of the City.
(26) "Expenditure(s)" shall mean any transfer of currency or any other item of value, belonging to the City, whether in exchange for Goods or Services, in payment of an Invoice or as a Grant or Gift.
(27) "Goods" shall mean any tangible item of personal property.
(28) "Grant or Gift" shall mean any transfer of currency or any other item of value, belonging to the City, in which the City does not receive any Goods, Services, personal property, whether tangible or intangible, or Real Property Rights or any other thing of value in return.
(29) "Immediately Available Lawful Currency" shall mean cash, cashier's checks, certified checks, money orders, wire transfers or credit card payments in dollars and cents issued by the United States of America.
(30) "Invoice(s)" shall mean a request of the City for payment for Goods or Services delivered to the City.
(31) "Lease" shall mean an agreement to use real or personal property owned by a party other than the party using the property.
(32) "Lowest Responsible Bidder" shall mean that Responsible Bidder submitting the Bid meeting all of the Specifications for the lowest price or least cost to the City.
(33) "Manager" shall mean the Manager under the Charter and all powers and responsibilities of the "Mayor" hereunder may be satisfied by the "Manager".
(34) "Mayor" shall mean the person holding the office of Mayor of the City and all powers and responsibilities of the "Mayor" hereunder may be satisfied by the "Manager".
(35) "Minor Surplus Property" shall mean that Surplus Property defined in Section 109.09
(c) hereof.
(36) "Payroll Obligations" shall mean the regular, lawful and recurring salaries, benefit payments and other obligations of the City related to the employment of its full and part-time Employees.
(37) "Person" shall mean a human being or a firm, trust, corporation, association, partnership, limited liability company, limited partnership, public entity or entity of any other kind or character.
(38) "Political Subdivisions" shall mean any one or combination of the Political Subdivisions of the State of West Virginia as now existing or hereafter created.
(39) "Proposal" shall mean any response to a Solicitation issued by the City other than a Bid.
(40) "Public Board" shall mean that location at City Hall available to the public to view, where Solicitations and other required public notices are regularly displayed.
(41) "Public Purposes" shall mean those purposes, designs, needs, aims, goals, ends, objectives or approaches of the City as determined by the City Council or in limited circumstances by a City Official who has been delegated the authority to make such decisions by the City Council.
(42) "Real Property Rights" shall mean any fee, leasehold, remainder, reversion, option, deed of trust or other lien, easement, license, right of way or any other interest in real property.
(43) "Responsible Bidder" shall mean any Bidder that, in the sole and exclusive discretion of the City Council as exercised from time to time, possesses the requisite ability to perform a Contract on which it is bidding according to the specifications requested by the City or proposed by the Responsible Bidder.
(44) "Services" shall mean any duty, action or work performed for compensation.
(46) "Specifications" shall mean all of those details and characteristics of particular Goods or Services that are required to accomplish the Public Purposes of the City with regard to a purchase. Specifications include but are not limited to quantities, measurements, model numbers, sizes, performance requirements and required delivery or installation dates.
(48) "Standard Obligations" shall mean all of those continuing cyclical obligations of the City, which must be purchased or satisfied by the City at least every thirty (30) days, that are necessary for its general maintenance on a non-discretionary basis, or in a form that limits the discretion of the City to determine whether, and from whom, it will purchase the Goods or Services, the costs of which are based on a pre-determined formula that determines the City's obligation based upon the volume of Goods or Services used by the City during a given period. Standard Obligations do not include (i) continuing payments, installment payments, any prorated payments or portions of payments for long term contracts, (ii) any Expenditures related to relationships with independent contractors, (iii) the reimbursement of any Employees, Executive Officers, independent contractors or any other Person associated with the City or (iv) any Lease obligations owed by the City or rent in conjunction with a Lease. Standard Obligations include, by way of example, utility bills, debt service and Payroll Obligations.
(49) "State" shall mean the State of West Virginia, or any instrumentality thereof.
(50) "State Code" shall mean the West Virginia Code of 1931, as amended from time to time and all lawfully issued regulations pertaining thereto.
(51) "State Director" shall mean the State Director of the Division of Purchasing of the Department of Administration or such other officer of the State as may from time to time be charged with the management and direction of purchasing for the State.
(52) "State and Federal Law" shall mean the currently valid and enforceable forms of the West Virginia Code and the United States Code as either shall be amended from time to time and as the same may be supplemented by any applicable regulations, orders or other valid expressions of binding governmental authority.
(53) "State-wide Contract" shall mean an agreement negotiated by the State Director or other officer of the State offering to the City a Contract for particular Goods or Services at a standardized rate available to any agency of the State or Political Subdivision.
(54) "Submission Deadline" shall mean the deadline for the submission of Bids in response to a Solicitation.
(55) "Surplus Property" shall have that meaning assigned to the term in Section 109.09
(a) of this Article.
(56) "Vendor" shall mean any Person offering any thing of value for sale to the City.
(b) Words used in the present tense include the future; the singular form of words includes the plural and vice versa; the word "shall" is always to be read to mean mandatory.
(Ord. 641. Passed 12-7-09.)