547.34 LOCAL SUPPLY PREFERENCE.

   (a)    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

      (1)    "Bidder," Any person, partnership, corporation, association or joint venture seeking to be awarded a public contract.

      (2)    "Construction contract," Any public contract for the construction, rehabilitation, alteration, conversion, extension or repair of buildings, streets or other improvements to real property.

      (3)    "Contractor," Any person, partnership, corporation, association or joint venture which has been awarded a public contract and includes every subcontractor on such a contract.

      (4)    "Local bidder," An individual or business entity; (1) whose principal place of business is located within the corporation limits of the City of Youngstown as registered in official documents filed with the Secretary of State of the State of Ohio; or (2) the business entity has retail, wholesale or manufacturing facilities within the corporation limits of the City of Youngstown, the business entity makes capital investment in the City of Youngstown, and the business entity pays City of Youngstown income taxes.

      (5)    "Public contract," any contract awarded by the City whereby the City is committed to expend or does expend its funds in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing, or any lease, grants or devises property of the City or otherwise grants a right of privilege to occupy or use property of the City.

      (6)    "Subcontractor," Any person, partnership, corporation, association or joint venture which supplies any of the work, labor, services, supplies, equipment, materials or any combination of the foregoing under a contract with the contractor on a public contract.

   (b)   The award of all public contracts for supplies, equipment and materials, excluding construction contracts and contracts financed in whole or in part by contributions or loans from any agency of the State of Ohio or United States Government, shall be conducted in accordance with the following provisions:

      (1)    In determining the lowest and best responsible bid, a local bidder shall receive a credit equal to two point five percent (2.5%) of the lowest bid submitted by a nonlocal bidder. This credit shall not exceed ten thousand dollars.

      (2)    The City shall indicate in all its invitations to bid and specifications for all public contracts for supplies, equipment and materials, excluding construction contracts and contracts financed in whole or in part by contributions or loans from any agency of the State of Ohio or United States government, that it shall apply a local bid preference as outlined in this section in the evaluation and award of bids received.

         (Ord. 16-265. Passed 7-13-16.)