(a) Definitions: The following words and terms as used in this section shall have the following meanings:
(1) Local business. An individual or business entity located within the corporate limits of the City or Monroe Township and that has filed or paid an earnings tax in the past two (2) successive tax years, and that has submitted a bid to the City for materials, supplies, equipment or services. When proof of a business’ location is required for purposes of this section, the business or individual must authorize the City’s Tax Department to release the necessary information or, in the instance of a Monroe Township business or individual, state income tax returns.
(2) Local preference. In purchasing materials, supplies, equipment and services, the City shall provide a local business with a credit equal to five percent (5%) of the lowest and best bid received from a non-local business.
(3) Bid. The price quoted to the City by the local or non-local business in an invitation to bid, a request for proposal and/or a request for qualifications.
(4) Non-local business. An individual or business entity that does not meet the definition of being a local business.
(b) To qualify for local preference, bidders shall include the following on their bid or proposal documents:
(1) Certification that “The bidder or offerer hereby certifies that its principal place of business is in Conneaut, Ohio or Monroe Township and has been for at least two (2) successive years immediately preceding the opening date herein”.
(2) Location of principal place of business.
(3) Date of business establishment.
(4) If the bid is for a City vehicle or motor vehicle or accessory, the bidder’s price shall be the same as or lower than the State Purchasing Program price.
(c) Each bidder shall have only one (1) principal place of business.
(d) Local preference shall not be applied as provided herein where prohibited by state or federal law.
(e) Local preference may be applied in considering the lowest bid and shall not waive or nullify evaluation of bidders which are responsive and responsible.
(f) When purchasing supplies, materials, equipment and service, the City shall provide a local business with a credit equal to five percent (5%) of the lowest and best bid received from a non-local business. The local preference shall be applied subject to the limitation set forth in subsection (h) hereof.
(g) If the lowest bid received is from an entity that is a non-local business, the local business that has submitted a bid to the City may be deemed to be lowest and best bid if its bid is within five percent (5%) of the lowest bid submitted by the non-local business subject to subsection (h) below.
(h) This program applies to bids and contracts for supplies, materials, equipment and services that does not exceed one hundred thousand dollars ($100,000.00).
(i) Ties.
(1) Ties between one (1) local business and one (1) ore more non-local businesses shall be broken in favor of the local business.
(2) Ties between two (2) or more local businesses shall be broken through a coin toss method administered by the City until the winner remains.
(j) Notwithstanding the above provisions, the local preference does not apply to contracts financed in whole or in part by contributions, grants or loans from any agency of the State of Ohio, the County of Ashtabula or the United States Government.
(k) Nothing within this section shall be construed to create any private rights, claims or causes of actions on behalf of any person, including, but not limited to, bidders, proposers, and contractors.
(l) The City shall indicate in all its invitations to bid, its request for proposals, requests for qualifications, and its solicitations for all public contracts and purchases for materials, supplies, equipment and services, that it shall apply a local preference as outlined in this section in the evaluation and award of all bids received.
(m) The City Manager or his designee may promulgate rules and regulations to implement this section provided they are not inconsistent with the expressed provisions of this section.
(n) In case any one or more of the provisions contained in this section shall be invalid, illegal or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
(Ord. 84-08. Passed 9-22-08.)