160.02 LOCAL PREFERENCE.
   (a)    Application of Bid Preference. Subject to the limitations contained in subsection (f) below, a Contracting Authority shall, prior to awarding a Contract, evaluate all Bids received and apply a Bid Preference equal to four percent (4%) to each Bid of any Local Bidder whose Operations Location is within the City or within Huron Township or two percent (2%) to each Bid submitted by any other Local Bidder. Only one Bid Preference is to be applied to each Bid.
   (b)    All Contracts shall be awarded to the lowest and best bidder. The determination of the best bid shall be made in conformance with the criteria set forth in the bidding documents and other criteria established by the Contracting Authority.
   (c)    Nothing herein shall be construed as increasing or decreasing the actual price of a Bid and the resulting Contract made in accordance with the terms of this Chapter. The provisions of this Chapter are intended to be used for the exclusive purpose of comparing the evaluating bids for goods and services. Nothing in this Chapter shall be construed to create any private rights, claims or causes of action on behalf of any person, including but not limited to any Bidder.
   (d)    The provisions of this Chapter shall not apply to the following contracts or situations:
      (1)   Contracts funded in whole or in part with State or Federal funds;
      (2)    Emergency procurements;
      (3)    Purchases made through the Ohio Department of Administrative Services or through participation in a joint purchasing program authorized under Section 9.48 of the Ohio Revised Code;
      (4)   Contracts for Professional Services;
      (5)    Contracts proposing or requiring local hiring preferences or to require local employees in the bidding or hiring process (O.R.C. 9.75); or
      (6)    Any other Contract for which an invitation to bid, solicitation or request for proposal has not been made.
   (e)    The City shall indicate in all of its invitations to bid, its requests for proposals and
its solicitations for Contracts that it shall apply a Bid Preference in accordance with this Chapter.
   (f)   The maximum amount of Bid Preference applied according to this Chapter shall be:
      (1)   For contracts up to five hundred thousand dollars ($500,000), the maximum Bid Preference shall be ten thousand dollars ($10,000); and
      (2)    For contracts from five thousand and one dollars ($500,001) to one million dollars ($1,000,000) and higher, the maximum Bid Preference shall be twenty-five thousand dollars ($25,000).
         (Ord. 2022-22. Passed 4-26-22.)