171.10 LOCAL PREFERENCE IN PROCURING COMMODITIES AND NONPROFESSIONAL SERVICES.

   The procurement of commodities and nonprofessional services, as defined herein, for the City, shall be governed as follows:

   (a)    Definitions: As used in this section, the following terms shall be defined as follows:

      (1)    "Commodities" means any goods purchased other than for use in the construction, repair, refurbishment or improvement of, or to be permanently incorporated into any public work or improvement which are purchased by the City in amounts or lots of fifty thousand dollars ($50,000) or greater at one time.

      (2)    "Nonprofessional services" means services including, but not limited to, mowing, janitorial and general maintenance, which service does not involve construction, repair, refurbishment. or renovation of any public work or improvement.

      (3)    "Local bidder/vendor" means a person or an entity submitting a bid in excess of fifty thousand dollars ($50,000) to provide one or more commodities or one or more nonprofessional services, whether such bidder be a sole proprietorship, general or limited partnership, corporation. or other business entity which bidder meets all of the following qualifications:

         A.    In the most recently-ended City income tax quarter according to City income tax records, the bidder has filed a return of income tax withheld and paid to the City a payroll earnings tax for one or more employees as well as for the business entity itself where required by law;

         B.   Upon the date of opening the bid and for one calendar year previous thereto, the bidder has continuously maintained a permanent office or other permanent facility (such as, but not limited to, a manufacturing facility, warehouse, retail store, or other business purpose site) within the corporate limits of the City; and

         C.    Has continuously employed one or more permanent employees and stationed one or more employees at the permanent site identified in subsection (a)(3)B. hereof.

For purposes of ascertaining the accuracy of the qualifications of a local bidder/vendor, a bidder claiming entitlement to a local preference bears responsibility for providing evidence satisfactory to the City along with its bid documents that it meets the necessary criteria for a preference and the bidder must also, upon request of the Purchasing Agent. permit the City Income Tax Division and any other municipal office with relevant information to disclose any such information in its possession which reflects upon the truth or falsity of the bidder's claims.

   (b)    Local Preference: Consistent with the limitations imposed upon the awarding of contracts for public work and improvements set forth in Section 009.62 of the Hamilton Charter, in connection with the bidding and awarding of City contracts for the acquisition of commodities and nonprofessional services, the City shall grant a preference to the lowest local bidder/vendor when a nonlocal bidder/vendor is the lowest and best responsible bidder meeting specifications.

In determining the lowest and best responsible bidder/vendor for purposes of awarding a contract involving commodities or nonprofessional services when a local bidder/vendor is not the lowest and best responsible bidder meeting the specifications, five percent (5%), in an amount not to exceed ten thousand dollars ($10,000) per contract, shall be added to the bid of the lowest and best responsible non local bidder/vendor meeting specifications. If the bid of the lowest and best responsible local bidder/vendor whose bid is responsive to the specifications is less than or equal to the bid of the lowest and best responsible nonlocal bidder/vendor when that bid is multiplied by five percent (5%), then the local bidder/vendor shall be awarded the contract at the price bid by the local bidder/vendor if and when all legal and contractual requirements for such an award are met. If the bid of the lowest and best responsible local bidder/vendor whose bid is responsive to the specifications is not less than or equal to the bid of the lowest and best responsible nonlocal bidder/vendor as that bid is modified by five percent (5%), then the nonlocal bidder/vendor shall be awarded the contract at the original bid price if and when all legal and contractual requirements for such an award are met.

   (c)    Tie Bids:

      (1)    A tie bid between a responsible local bidder/vendor and one or more responsible nonlocal bidders/vendors, both of which meet specifications, shall be broken in favor of the local bidder/vendor.

      (2)    A tie bid between one or more responsible bidders/vendors meeting specifications shall be broken by a coin toss until a winner is determined.

   (d)   Rules and Regulations: The City Manager or his designee is hereby authorized to promulgate reasonable rules and regulations consistent with the provisions of this section for the purpose of fairly and impartially administering the provisions of this section.

   (e)   Exceptions: The provisions of this section shall not apply to any City contract which is funded in whole or in part with federal or state funds, nor shall a local preference apply where it would otherwise be unlawful to utilize a local preference. The provisions of this section shall not operate in connection with contracts for public work or improvements which are controlled by Section 9.01 of the Hamilton Charter.

      (Ord. 2013-9-79. Passed 9-25-13.)