(A) The term of any agreement with an independent contractor shall be determined by Council and be within the limitations established by the State Constitution and the West Virginia Code.
(B) An independent contractor shall be required to submit a certified check or a performance bond with an acceptable surety in an amount equal to 100% of the accepted contract price.
(C) An independent contractor shall comply with W.Va. Code §§ 24-1-1 et seq.; as amended, and any regulations promulgated thereto if applicable.
(D) (1) An independent contractor shall establish and maintain an office within the city or other location approved by the Mayor and shall keep the office open for business from 8:00 a.m. to 5:00 p.m. of each and every day except Saturday, Sunday and all legal holidays observed by the city.
(2) An independent contractor shall keep and maintain in the office at all times during the hours it is required to be open, competent personnel who shall have authority to represent the independent contractor in his or her relations with the city and with the public. The independent contractor shall obtain and keep in the office sufficient listed telephones and personnel to courteously, quickly and expeditiously receive and answer all telephone and other calls to the office. A daily log of service calls received and the disposition thereof shall be kept by the independent contractor and submitted to the Mayor upon request.
(E) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EQUIPMENT. Any and all vehicles and equipment used by the independent contractor for the purpose of performing the services provided for in the contract at any time within the 90 days immediately prior to the commencement of the interruption of service.
INTERRUPTION OF SERVICE.
1. Any time period during which solid waste collection services by an independent contractor are interrupted by a labor dispute and scheduled collections are discontinued or substantially reduced; or
2. Any time period after notice by the city of the termination of the contract by reason of a breach or default by the independent contractor or any other reason and until other suitable equipment can reasonably be purchased or otherwise acquired by the city for such purpose.
PAYMENT FOR USE. In the case of a piece of equipment, means the reasonable rental value of such piece of equipment for the period of time during which the city possesses uses the piece of equipment pursuant to this definition during an interruption of service.
(2) In the event of an interruption of service, the city shall be entitled to have the temporary possession of all or any portion of the equipment of an independent contractor for use for solid waste collection on the condition that the city shall, from time to time, make the payment for use as provided in the definition above and as provided in any contract or lease made concerning the interruption of service.
(3) Any contract or lease entered into between the city and an independent contractor shall include provisions concerning interruption of service, equipment and payment for use.
(F) An independent contractor shall demonstrate to the satisfaction of Council the following criteria:
(1) The ability, capacity and skill of the independent contractor to perform the contract;
(2) Whether the independent contractor can perform the contract promptly or within the time specified, without delay or interference;
(3) The sufficiency of the independent contractor’s financial resources and the effect thereof on his or her ability to perform the contract;
(4) The character, integrity, reputation, judgement, experience and efficiency of the independent contractor;
(5) The quality of independent contractor’s performance on previous contracts for the city or other municipalities;
(6) Litigation by the independent contractor on previous contracts with the city or other municipalities; and
(7) The previous and existing compliance by the independent contractor with laws and ordinances relating to the subject of the contract.
(G) An independent contractor shall fully disclose its principals and owners and if a corporation, its majority stockholders.
(1986 Code, § 957.04)