(a) Retention of Records.
(1) Solicitation. All records related to the solicitation, award and performance of a contract shall be maintained in a contract file by the Clerk for not fewer than five (5) calendar years following the completion of the contract or longer as may be required by State Law. The quality of previous work product, the professionalism demonstrated by Business Enterprises who have received previous City contracts and any relevant information regarding past relationships with particular vendors as demonstrated in the City's contract files may be considered in evaluating Bids.
(2) Surplus Property. All records related to the sale of Surplus Property and Minor Surplus Property shall be retained by the Clerk for not fewer than five ( 5) calendar years following the sale, or longer as may be required by State Law.
(3) Lease. All records related to any lease of City property shall be maintained by the Clerk in a separate file for each lease for not fewer than seven (7) years following the termination of the lease, or longer as may be required by State Law.
(4) Other Records. All other records of any kind and character necessary to achieve the purposes and objectives of this Article shall be maintained by the Clerk for not fewer than five (5) calendar years, or longer as may be required by State Law.
(b) Clerk to Retain Records. Unless otherwise specifically set forth in this Article, the Clerk shall maintain all records of the City maintained under the purposes and terms of this Article. The Clerk may maintain records in an electronic format provided that reasonable steps are taken by the Clerk on behalf of the City to secure such records from physical destruction and unauthorized access.
(c) Retention Requirements. All records maintained under this Article shall be, at a minimum, individually and as a collection, sufficient, to provide an auditor competent evidential matter needed to attest to the fairness of the City's financial statements and sufficient to permit an auditor to evaluate whether the City has sufficiently and effectively carried out its responsibilities and complied with applicable laws and regulations, assuming that such an examination would be conducted under generally accepted auditing standards, standards issued by the Chief Inspector of the Office of the State Auditor, and as applicable the single audit requirement of OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations as amended or revised from time to time or any successor circular.
(d) Audit.
(1) The State of West Virginia, acting through its lawfully designated agents, may audit the books and records as preserved under this Article, of the City.
(2) The City may commission, from time to time, its own independent audit of its books and records including those maintained in accordance with this Article.
(Ord. 641. Passed 12-7-09.)