(a) The City Card. The City Card may be used by the City for the payment of all authorized Expenditures.
(b) Governing Law. The City Card was created under the statutory authority of West Virginia Code of 1931, as amended,§ 6-9-2a and the use of the City Cards is governed by State Law and this Section should be construed to provide the City with the maximum authority under State Law to utilize the City Card program. From time to time the Administrator may require the City to execute an agreement related to the City's continued use of the City Cards. In the event such an agreement is in force, the agreement shall carry the weight of the State Law and regulations and shall supersede this Section in the event of any inconsistencies.
(c) Conflict With State Law. If any provision of this Article is in conflict with State Law or regulations issued by the Administrator that conflicting portion of this Article shall be superseded to the extent of the inconsistency. Each and every City Official of the City having a City Card or having responsibility for a City Card shall comply with State Law at all times regarding the use of the same. The Entity Coordinator shall maintain a copy of the applicable State Law and regulations issued by the Administrator and shall make the same available for inspection by any City Official upon request.
(d) Entity Coordinator. The Administrator serves as the program administrator for the "Local Government P-Card Program" but the City is required by the regulations to designate a local coordinator:
(1) Subject to the approval of the Administrator, the Clerk shall be the "Entity Coordinator" for the City Card in the City, and the Clerk shall, as often as is required, complete and submit a "Coordinator Authorization Form" in accordance with the regulations of the Administrator;
(2) The Entity Coordinator shall oversee the City Card Program and shall immediately report to the Administrator any instance of unlawful use, possible fraud, misappropriation or mismanagement with the City Card within twenty-four (24) hours of the discovery of the same;
(3) The Entity Coordinator shall comply at all time with State Law and the regulations of the Administrator regarding the City Card.
(e) Supervision of Use. In compliance with the regulations of the Administrator the following will, at a minimum, be undertaken by the City to supervise the use of City Cards issued to City Officials:
(1) All City Card Statements of the City will be collected by the Entity Coordinator and reviewed by both the Entity Coordinator and the Mayor to ensure that each purchase was:
A. Authorized by the Mayor, the Clerk or a Department Head with limited spending authority under this Article or otherwise authorized under this Article; and
B. Exclusively for Public Purposes.
(2) The Entity Coordinator shall then present the City Card Statements to the Finance Committee of the City Council for its review.
(f) Issuance of City Card. The Entity Coordinator shall request that the Administrator issue a City Card for a City Official, utilizing the procedure outlined in the regulations issued by the Administrator after:
(1) Being requested to do so by the Department Head or the Mayor having charge of the City Official;
(2) Receiving a completed City Card application, the form for which will be issued and amended from time to time by the Administrator;
(3) Verifying and signing to indicate that the credit and transaction limits and the daily and monthly transaction limits for use of the City Card ;
(4) Receiving a signed cardholder agreement form, which will be issued and amended from time to time by the Administrator.
(g) Delegation Prohibited. No City Official shall permit any other Person to have access to the City Card assigned to him or her nor shall the City Official permit any other person to initiate or complete a transaction utilizing the City Card assigned to him or her.
(h) Record Retention. All records related to the use of City Cards must be maintained as long as the City Card is active and for as long thereafter as other similar records are to be retained under this article, provided that in no event shall records related to the City Card be retained for less than two (2) years from the end of the fiscal year in which the last transaction was completed. To the extent the records do not otherwise contain information related to the payee, amount paid, purchase tracking, date and purpose, the Clerk may supplement such records.
(i) Suspension of City Cards. The City Council may, in its sole discretion and by resolution adopted by majority vote, suspend the use of the City Card of any City Official or the use of the entire program.
(Ord. 641. Passed 12-7-09.)