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ORDINANCE NO. 08-22-2011-A AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF HAMILTON COUNTY CONCERNING PRICE PREFERENCES FOR LOCAL BUSINESSES WITNESS THAT: WHEREAS, the General Assembly of Indiana has granted price preferences to certain local businesses(“Claimants”) who bid or quote on construction projects within Hamilton County pursuant to Indiana Code 36-1-12-22; and, WHEREAS, Indiana Code 36-1-12-22, refers to Indiana Code 5-22-15-20.9 for the procedures for establishing price preferences to Claimants; and, WHEREAS, the standards for determining price preferences for Claimants is included in Indiana Code 5-22-15-20.9(a)(b) and which reads as follows: a) This section applies only to a contract awarded by a political subdivision. b) As used in this section, “affected county” refers to a county: in which the political subdivision awarding a contract under this article is located; or that is adjacent to the county described in subdivision As used in this section, “local Indiana business” refers to any of the following: A business whose principal place of business is located in an affected county. A business that pays a majority of its payroll (in dollar volume) to residents of affected counties. A business that employs residents of affected counties as a majority of its employees. A business that makes significant capital investments in the affected counties as defined in rules adopted by the political subdivision. A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules adopted by the political subdivision. ; and, ---PAGE BREAK--- WHEREAS, the above Sections and require the County to establish rules to determine a preference. IT IS THEREBY ORDAINED by the Board of Commissioners of Hamilton County as follows: SECTION I. PROCEDURE FOR CLAIMING PREFERENCE. In order to comply with the terms of Indiana Code 36-1-12-22 and Indiana Code 5-22-15-20.9, the Board of Commissioners hereby establishes the following Policy for determining whether or not a bidder, quoter, or supplier is entitled to a preference as set out in Indiana Code 5-22-15-20.9: CONTRACT PREFERENCE POLICY FOR HAMILTON COUNTY, INDIANA 1. The terms of this Policy apply to any entity (“the Claimant”) which tenders a bid or quote to Hamilton County. 2. In order to qualify for a local government preference the Claimant must include its claim for a local Indiana business preference with the quote or bid and be clearly marked “CLAIM FOR BID PREFERENCE”. 3. Included in the claim, the Claimant must show its principal place of business which should include the following documentation: a. Registration with the Indiana Secretary of State, listing an affected county as the business’s primary place of business. b. Registration of Business with County Recorder, listing an affected county as the business’s primary place of business. c. Copies of Federal and State IRS filing statements, (redacting all financial and confidential information) evidencing an affected county as the primary place of business. 4. If the claim is based on the Claimant’s payroll, the Claimant must state that it pays a majority (51% or greater) of its total company payroll to residents in an affected county. The claim shall include total payroll for the entire business and the amount of payroll paid to employees residing in the affected counties. The information must be stated in total dollar values for the twelve (12) months immediately preceding the bid date. 5. If the claim is based on the number of employees in affected counties, the Claimant shall include information that the Claimant employs residents of affected counties as a majority (51% or greater) of the total company employees, including the total ---PAGE BREAK--- number of employees of the company, and the number of employees who are residents of an affected counties for the twelve (12) months immediately preceding the bid date. 6. If the claim is based on a “significant capital investment” in the affected counties, the Claimant must define its total investment in real or depreciable personal property in the affected counties and itemize the investment in such property in the three calendar years prior to the claim. The total of the capital investment made in the past three years must exceed ten percent (10%) of the average gross income of the Claimant in the past two calendar years. 7. If the claim of preference is based upon a “substantial” positive economic impact on the affected counties, the County shall use the criteria set out in Sections 4, 5, and 6 above. 8. If the Bidder is a Joint Venture and is claiming local preference, the County will evaluate the Joint Venture by combining each business’s total payroll, payroll paid to residents of affected counties, total number of employees, and total number of employees who are residents of affected counties. Further, each entity participating in the Joint Venture shall submit proof of the location of its principal place of business. The County will determine whether the Joint Venture qualifies is a Local Indiana Business, as defined herein, by evaluating the Joint Venture as one business, not as separate businesses using the criteria set out in Sections 3, 4, and 5. All members of the Joint Venture must provide information described above. The total overall Joint Venture must qualify as a Local Indiana Business to receive the local preference as defined above. 9. All documents necessary to support any allegations included in the claim for bid preference shall be attached to the claim for bid preference and included in the bid. Failure to provide such information will result in a denial of the claim for bid preference. 10. The claim for preference shall be verified as follows: I, , as , of ,verify under the penalties of perjury that the facts set out in the above claim for Price Preference are true. Signature Printed SIGN ---PAGE BREAK--- SECTION II. APPLICABILITY. The Policy set out above shall be included in all bid packets for projects bid by any Department of Hamilton County. SECTION III. VALIDITY OF BID. Any contractor who attempts to claim a preference under this agreement, and fails to comply with this Ordinance shall have his bid considered with all other bids submitted for the project, but shall be disqualified from the bidding preference included in Indiana Code 5-22-15-20.9(d). SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect retroactive to any contract wherein the first notice to bidders was published on or after July 1, 2011. ALL OF WHICH IS ORDAINED by the Board of Commissioners of Hamilton County this _29th__ day of August, 2011. BOARD OF COMMISSIONERS OF HAMILTON COUNTY Christine Altman Steven A. Holt Steven C. Dillinger ATTEST: Dawn Coverdale, Auditor