(A) Definitions. This ordinance shall be referred to as the Buy Local Ordinance, and except as specifically modified herein, the definitions as set forth in IC 5-22 et seq. shall be applicable hereto.
(1) As used in this section an INDIANA BUSINESS shall mean a business that is certified as an Indiana business by the Indiana Department of Administration (IDOA) and can provide proof of such certification pursuant to the disclosures required in division(B)(4)(b)below.
(2) An OUT-OF-STATE BUSINESS refers to a business that is not an Indiana business.
(3) The PURCHASING DEPARTMENT as used in this section shall mean the person or entity which is considered to be the purchasing agent of the City of Fort Wayne.
(B) Buy local preference.
(1) Price preference for commodities/ supplies to Indiana businesses. There shall be the following price preferences for commodities/ supplies purchased by the City of Fort Wayne from an Indiana business.
(a) Five percent for a purchase expected by the city to be at least $25,000 but less than $500,000.
(b) Three percent for a purchase expected by the city to be at least $500,000 but less than $1,000,000.
(c) One percent for a purchase expected by the city to be at least $1,000,000.
(d) If the expected cost is less than $25,000 then no preference shall be applicable.
(2) Buy local request for proposals (RFP) preference. When the City of Fort Wayne utilizes an RFP method, Indiana businesses shall be allocated as a preference 5% of all possible points which may be awarded under the RFP in determining who should receive the contract.
(3) When preference is not applicable. Notwithstanding division (B)(1) above, the city shall award a contract to the lowest responsive and responsible offeror regardless of the preference provided herein if:
(a) The offeror is an Indiana business; or
(b) The offeror is a business from a state bordering Indiana and the business's home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana law to Indiana businesses.
(4) Disclosures required. A business that desires to claim a preference provided under this ordinance must do all of the following:
(a) State in the business's bid that the business claims a preference provided by this ordinance.
(b) Provide the following information to the City of Fort Wayne Contract Compliance Office.
1. Proof of certification through the Indiana Department of Administration as an Indiana business either by being placed on the IDOA web-published certification list or by obtaining a letter from the IDOA certifying the entity as an Indiana business.
(5) Preference restrictions on projects that include federal funding. Notwithstanding the foregoing provisions requiring preferences as to Indiana businesses, said preferences shall not be applicable to contracts or projects unless otherwise authorized under federal law when federal funds are being utilized in the funding of part or all of the contract or project.
(C) State law applies and controls. This Buy Local Ordinance shall be construed to adopt preferences as set forth above in compliance with state law as codified in IC 5-22-15 et seq., and it is intended that this ordinance shall be consistent with all provisions of state law (except as to the definition of INDIANA BUSINESS as noted herein). All other
provisions contained in IC 5-22-15 et seq. or otherwise under Indiana law, including but not limited to IC 5-22-15-10 with respect to computation of the preference in determining a low bidder, IC 5-22-15-12, the award of the contract, IC 5-22-15-20, rules relating to preferences to Indiana businesses, shall remain applicable, and must be complied with in the enforcement and application of this ordinance.
(D) One preference limit. An Indiana business may not claim more than one preference as provided for herein throughout the course of a single bid or RFP process.
(E) State/federal/purchasing cooperative contracts. This ordinance will not affect the city's ability to buy off of state, federal or purchasing cooperative contracts. This ordinance will not affect joint buying with other governmental entities.
(F) Certain professional services excluded. Regardless of the bid process utilized, the City of Fort Wayne may but is not required to apply any of the preferences as outlined in this ordinance to contracts for professional services as that term is defined in IC 5-16-11.1-1.
(Ord. G-20-09, passed 7-14-09; Am. Ord. G-5-12, passed 2-28-12; Am. Ord. G-13-12, passed 5-8-12)