(a) All purchases of material, supplies, equipment and any contract for the procurement of services for the City of an estimated cost or value of one thousand dollars ($1,000) or less, shall be made in the open market, without newspaper advertisement and without sealed bids. (Passed 8-22-85.)
(b) (1) Except as otherwise provided herein, all purchases of materials, supplies and equipment for the procurement by the City shall be by competitive bidding where the estimated cost or value of such materials, supplies or equipment exceeds the amount of ten thousand dollars ($10,000).
(2) For the purchase of materials, supplies and equipment for the procurement by the City of a value more than one thousand dollars ($1,000) and less than ten thousand dollars ($10,000), the purchasing agent shall obtain and submit three prices from the open market of said materials, supplies, and equipment, unless said materials, supplies and equipment are only obtainable from two or fewer sources. In any event, the purchasing agent shall purchase the lowest price qualifying material, supply, and/or equipment. (Ord. 01-19. Passed 6-27-19.)
(c) The Purchasing Agent shall solicit sealed bids for the purchase of material, supplies, equipment or for the procurement of services by the City. Bids shall be obtained by public notice published as a Class I legal advertisement in compliance with West Virginia Code 59-3-1 et seq, and the area for publication shall be the City. Such notice shall be published not less than ten days next preceding the final date of submitting bids and shall contain the time and place for opening bids. Bids shall be opened in public at the time and place stated in the publication and shall be open for public inspection. The notice may also be published by any other advertising medium the Purchasing Agent may deem desirable. The Purchasing Agent may also solicit sealed bids by sending requests by mail to prospective suppliers and by posting notice in a conspicuous location at the City Building; provided, however, that this section shall not preclude the use by the City of, or be applicable to, the purchasing of material, supplies, equipment or services through the State Director of the Division of Purchases, as provided by law; nor shall any of the provisions herein preclude the City from entering into agreements with one or more other municipalities or counties for centralized purchasing for all governmental units which are parties to such agreement. Furthermore, nothing herein shall be applicable in case of an actual emergency, upon which a department head, with the prior consent of the Mayor or the Council member liaison for the using department may purchase directly any supplies, materials or equipment which immediate procurement is essential to prevent delays in the work of the using department, which may vitally affect the life, health or convenience of the City or its residents. The department head shall send to the Treasurer of the City a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency, which report shall be filed with Council and shall be entered in the minutes of Council and shall be open to public inspection.
(Ord. 0-31-87. Passed 11-12-87.)
(d) Bids shall be based on standard specifications to be set forth in, or referred to, in the public notice soliciting sealed bids. If the specifications are not set forth, then a copy of the specifications shall be available upon request from a prospective bidder from the Recorder.
(e) The failure of a prospective bidder to deliver his bid to the Purchasing Agent’s Office prior to the appointed date and hour, shall be grounds for rejection of the bid. Each bid, with the name of the bidder, shall be entered in a record and each record, with the successful bid indicated thereon, shall, after the award of the order or contract, be open to public inspection.
(f) The Mayor shall, with the advice and consent of Council, award all contracts or purchase orders to the lowest responsible bidder, taking into consideration the qualities of the articles or services to be supplied, their conformity with specifications, their suitability to the requirement of the City government and the delivery terms thereof. Any or all bids may be rejected and language to this effect shall appear in all invitations to bid. If any such contract for goods or services is not awarded to the lowest bidder, the resolution of Council consenting to the award shall set forth specifically the reason or reasons for not awarding the contract or purchase order to the lowest bidder.
(g) (EDITOR IS NOTE: Former subsection (g) hereof was repealed by Ordinance
0-31-87, passed November 12, 1987.)
(h) No purchase shall be subdivided to avoid the requirements of this section.
(i) In the event of tie bids, the contract or purchase order shall be awarded to one of the tie bidders by drawing lots in public.
(Passed 8-22-85.)
(j) If, after due and proper notice, as prescribed in subsection (c) hereof, no bids are received or, all bids so received are rejected, the Purchasing Agent shall again solicit bids in accordance with the provisions of this section, and, if, after which, no bids are received pursuant thereto, or, if all of the bids so received are rejected, then, upon the unanimous vote of Council, the department head or the Purchasing Agent, as directed by Council, shall purchase such materials, supplies, or equipment, or contract for services, as the case may be, in the open market, as if the adherence to the provisions of this section regarding competitive bidding would render the interest of the City better served by noncompliance than by compliance with this section.
(Ord. 0-31-87. Passed 11-12-87.)
(k) If any provision or clause of this article is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared to be severable. (Passed 8-22-85.)