In any instance that a purchase or contract is made upon competitive bids, such purchase shall be made from, or contract executed with, a bidder or vendor resident in the City, if such bidder or vendor's bid does not exceed the lowest qualified bid from a nonresident bidder or vendor by more than two percent (2%) of the latter bid, and if such resident bidder or vendor has made written claim for such preference at the time the bid was submitted: provided, in determining the lowest bid, the City shall exclude from the bid the amount of business and occupation taxes which must be paid by a resident bidder or vendor to the City as a result of being awarded the contract or purchase which is the object of the bid: provided, further, that prior to soliciting any such competitive bids, Council may, by majority vote of all its members in a public meeting where all such votes shall be recorded, elect not to exclude from the bid the amount of business and occupation taxes as provided herein.
A bidder or vendor shall be deemed to be a resident of the City if such bidder or vendor is an individual, partnership, association or corporation that maintains an active, bona-fide place of business within the City and maintains therein a representative inventory of the commodities on which the bid is submitted, and in the case of a corporation, is duly qualified to do business and is in good standing under the laws of the State of West Virginia.
A resident bidder or vendor shall be disqualified from the provisions of this section if the bidder or vendor owes a financial debt to the City resulting from the nonpayment of any tax, fee, lien, service charge or other assessment.
If any of the requirements or provisions set forth in this section jeopardize the receipt of Federal funds, then such requirements or provisions shall be void and of no force and effect for that specific public improvement project.
(9-10-85)