(a) Definitions. For the purpose of the section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(1) "Bidder" means a person or business entity making a formal or informal bid in accordance with Chapter 173, C.O.S.
(2) "City of Stow bidder" means a bidder who has had a permanent business location within the City of Stow for at least two successive years immediately prior to making a formal bid or informal bid by responding to a request for proposal and is listed on the Stow Vendors List.
(3) "Formal bid local preference" means the formal bid price of City of Stow bidders shall be evaluated as though those proposed bids were a certain percentage lower than actually proposed
(4) "Informal bid local preference" means a City of Stow bidder may adjust their bid price to match the lowest bid price if the City of Stow bidder's original bid price was within a certain percentage of the lowest bid.
(5) "Stow Vendors List" means the list of persons or business entities which qualify to receive local preference by having a permanent business location within the City of Stow for at least two successive years immediately prior to making a formal bid or informal bid by responding to a request for proposal.
(b) Local Preference.
(1) A vendor's or contractor's formal bid shall be subject to the following formal bid local preference.
A. City of Stow bidders shall be given a formal bid local preference of three percent (3%), not to exceed ten thousand dollars ($10,000).
(2) A vendor's or contractor's informal bid shall be subject to the following informal bid local preference.
A. City of Stow bidders shall be given the opportunity to utilize informal bid local preference if the City of Stow bidder's original bid price was not more than three percent (3%) higher than the lowest bid.
B. No opportunity to utilize informal bid local preference shall be given if the lowest bid was made by a City of Stow bidder.
C. The opportunity to utilize informal bid local preference shall be given to the lowest City of Stow bidder whose bid is within the range set forth in subsection (a) above. If the lowest City of Stow bidder chooses not to utilize the opportunity, that opportunity shall be given to the next lowest City of Stow bidder whose bid is also within the range set forth in subsection (a) above. The opportunity to utilize informal bid local preference shall continue to be given in this manner until a City of Stow bidder chooses to utilize the opportunity or until all City of Stow bidders within the range specified in subsection (a) above have declined to utilize the opportunity.
(c) Bid Document Notification. All contract specifications and bid documents that are distributed by the City for the purposes of soliciting bids for goods or services shall contain the following notice:
Prospective bidders will take notice that the City of Stow, in determining the lowest responsive and responsible bidder in the award of this contract, may award a local bidder preference to any qualified bidder. The determination of whether a bidder qualifies for the local preference shall be made by the Board of Control. The Board's decision shall be final.
(d) Bidder Certification. To qualify for local preference, bidders shall include the following on their bid or proposal documents:
(1) Certification that "The bidder hereby certifies that it has had a permanent place of business in Stow, Ohio for at least two successive years immediately preceding the opening date herein."
(e) Stow Vendors List. The City of Stow Department of Public Service shall be responsible for creating and maintaining the Stow Vendors List. Any person or business entity who desires to be placed on the Stow Vendors List shall submit information on a form developed by the Director of Public Service. Such information shall be updated as required by the Director of Public Service. The determination of whether a person or business entity qualifies to be placed on the Stow Vendors List shall be made by the Board of Control; the Board's decision shall be final.
(f) Consideration of Responsiveness and Responsibility. Formal bid local preference and informal bid local preference may be applied in considering the lowest bid. Formal bid local preference and informal bid local preference shall not waive or nullify evaluation of whether bidders are responsive and responsible.
(g) Conflict with State or Federal Law. Formal bid local preference and informal bid local preference shall not be applied where doing so is in conflict with any state or federal law.
(h) Bid Price. Application of formal bid local preference shall not be construed as increasing or decreasing the actual price of a bid or proposal or of any resulting contract.
(i) Local Preference Exception. Formal bid local preference and informal bid local preference shall not apply when purchases or services are made for professional services or made from a State Bid List, on-line auction, auction or when purchasing water, gas, electricity or services from another political subdivision of the State of Ohio or the State of Ohio.
(Ord. 2010-43. Passed 3-11-10.)