IFB 26050AD Wellness and Fitness Equipment

C I T Y O F D A Y T O N, O H I O
AD # 07/02 & 07/07
INVITATION FOR BID
IFB No. 26050AD
Purchasing Division
Room 514, CITY HALL
101 W. Third St.
DAYTON, OHIO 45402
Wellness and Fitness Equipment Part I of II
For Further Information Contact: Date: July 2, 2026
Austin Dickison
Room 514, CITY HALL Nicole Fox
101 W. Third St. Purchasing Agent
Dayton OH 45402
Phone No. 937-333-4035
ELECTRONIC PDF BIDS MUST BE RECEIVED IN THE DIVISION OF PROCUREMENT EMAIL TO bids@daytonohio.gov
NO LATER THAN: 2:00 P.M. local (Dayton OH) time on July 23, 2026
User Agency: Various
Your bid is requested for the following:
To establish a firm Price Agreement for Wellness and Fitness Equipment Parts I and II with firm pricing period of August 1, 2026
through July 31, 2027 with a possible option to renew, at the City of Dayton's discretion, firm pricing for three (3) additional 12-month
periods from August 1, 2027 through July 31, 2030.
A copy of this bid may be found on the City's Website at: http://www.daytonohio.gov/bids.aspx
All Vendors must submit a current copy of their W-9 with the Bid. If you have not registered with the City of Dayton, please complete
and submit your complete Vendor Application form. Forms must be on file with the City of Dayton before any Purchase Order or
contract can be awarded with your company.
Questions: Please submit any and all questions in writing to Austin Dickison at Austin.Dickison@daytonohio.gov no later than 11:00
AM on July 14, 2026. Answers will be posted by end of business on July 16, 2026.
Forms can be found on the City of Dayton's website at: http://www.daytonohio.gov/781/Doing-Business-With-the-City-of -Dayton
Submit one (1) signed original PDF of bid to bids@daytonohio.gov with IFB number in "Subject" line. All supplemental
documentation shall be included with the original.
BIDDER IS REQUESTED TO USE THE CITY'S BID FORM ENCLOSED AS NONE OTHER WILL BE ACCEPTED.
LEGIBLE INFORMATION MUST BE GIVEN IN THE SPACES PROVIDED.
A copy of the Bid Tabulation may be obtained by contacting the Procurement office and will be available online once the award has been made.
All federal, state, and local laws regarding competitive bidding, anti-competitive practices, and conflict of interest shall be applicable to this I.F.B.
Bids are to include all shipping costs to the point of delivery as indicated above.
The City of Dayton is exempt from payment of federal excise taxes and state retail sales taxes (Ohio Vendor's License No. 57-15847).
Multi-year orders are valid only if funds are available in succeeding years.
State Manufacturer and Model No. of items you are bidding and send DESCRIPTIVE LITERATURE on same with your bid. Any brand names on our
bid form are to establish quality levels and do not indicate preference.
The City of Dayton reserves the right to reject any or all bids, to waive any irregularities in a bid, or to accept the bid or bids which in the judgment of
proper officials, is to the best interest of the City.
The City of Dayton reserves the right to accept a part or parts of a bid unless otherwise restricted in the bid. If you are not in a position to quote, advise
to this effect so we may keep your name on our active bid list. We are not permitted to accept telephone bids or Fax bids.
BIDDER'S PLEASE NOTE: Your signed equal opportunity "Affirmative Action Assurance" form (available at Human Relations Council,
371 W. Second St., Suite 100, Dayton, Ohio 45402--Phone No. 937-333-1403) must be on file with the City of Dayton before an order
or contract can be issued. Please complete and return promptly to the Human Relations Council.

BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Date: ___________ I.F.B. No. 26050AD
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including
inside delivery.
Wellness and Fitness Equipment Part I of II
Both portions of the Wellness and Fitness bid must be completed electronically. Send one original pdf signed bid and one excel spreadsheet
electronic via e-mail to: bids@daytonohio.gov
The City of Dayton is using P-Cards (Master Charge) for many low dollar purchases based on any Price Agreement(s) in effect -
please bid accordingly. Do you accept Master Charge Cards? ______________
Price to remain firm the period of August 1, 2026 through July 31, 2027
Yes [ ] or No [ ] If no, for how long? ______________.
Option to renew any resulting price agreement at the same rates, terms, and conditions for additional 12-month period (from August 1,
2027, through July 31, 2028) at the City's discretion?
Yes [ ] No [ ] If appropriate, state maximum percent of increase (based on pricing as of first year of bid) to retain this option is
____%. Any provided request shall be accompanied by supporting documentation that clearly indicates the detailed justification of the
requested increase.
Option to renew any resulting price agreement at the same rates, terms, and conditions for additional 12-month period (from August 1,
2028, through July 31, 2029) at the City's discretion?
Yes [ ] No [ ] If appropriate, state maximum percent of increase (based on pricing as of first year of bid) to retain this option is
____%. Any provided request shall be accompanied by supporting documentation that clearly indicates the detailed justification of the
requested increase.
Option to renew any resulting price agreement at the same rates, terms, and conditions for additional 12-month period (from August 1, 2029
through July 31, 2030) at the City's discretion?
Yes [ ] No [ ] If appropriate, state maximum percent of increase (based on pricing as of first year of bid) to retain this option is
____%. Any provided request shall be accompanied by supporting documentation that clearly indicates the detailed justification of the
requested increase.
All Vendors must submit a current copy of their W-9 with the Bid. If you have not registered with the City of Dayton, please complete and submit
your complete Vendor Application form. Forms must be on file with the City of Dayton before any Purchase Order or contract can be awarded with
your company.
Bidder shall provide product Summary and Specifications related to product(s) and Manufacturer's Warranty listed below with your company's
bid response.
BIDDER IS REQUESTED TO USE THE CITY'S BID FORM ENCLOSED AS NONE OTHER WILL BE ACCEPTED.
"I certify the bidding entity complies with City of Dayton Ordinance #30829-09 and the City's Revised Code of General Ordinances
Section 35.70 through 35.74 regarding Living Wages." [ ] YES [ ] NO
All delivery costs are included in this quotation Bidding Company____________________________________
regardless of F.O.B. designation.
Address : ___________________________________________
Cash Discount Allowed:______% 10th Proximo.
Leave blank if your terms are Net 30 Days. ___________________________________________________
City State Zip Code
Delivery will be made within ________ calendar
days after receipt of order. ___________________________________________________
Email address to send Purchase Order to:
Prices quoted will remain firm for acceptance with-
in 90 calendar days after bid opening unless other- By:_________________________________________________
wise stated. (Please Print or Type) Name and Title
Signature: ___________________________________________
Phone No.__________________/FED. ID#_________________

BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Date: ___________ I.F.B. No. 26050AD
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including
inside delivery.
DESCRIPTION
COOPERATIVE PRICING AGREEMENT
Yes [ ] No [ ] If appropriate, are you a part of a Cooperative Pricing Agreement?
If Yes, please elaborate:
BID DOCUMENT
All bids shall be submitted as a PDF via electronic submission to bids@daytonohio.gov. The City's email size can
only accept 20meg limit for incoming e-mail message sizes (20meg includes e-mail itself and any attachments total).
Should the bid document be larger than this size your company will have to submit bid in several email documents.
Should the bid be submitted in multiple parts please designated in the "Subject", your bid response as multiple "Parts",
i.e. IFB No. 26050AD Part 1, IFB No. 26050AD Part 2, etc.
BID OPENING
Topic: CITY OF DAYTON BID OPENING - IFB 26050AD - Wellness and Fitness Equipment Parts I and II
Time: July 23, 2026 2:00 PM Eastern Time (US and Canada)
Join Zoom Meeting
Meeting: https://us04web.zoom.us/j/78492467373?pwd=eJOeDMqcXIqpYD9ndTmjgRvte6VyAJ.1
Meeting ID: 784 9246 7373
Passcode: bG0hRr

CITY OF DAYTON
WELLNESS AND FITNESS EQUIPMENT PART I OF II
IFB NO. 26050AD
BID SPECIFICATIONS
Description
Wellness and Fitness Equipment for Greater Dayton Rec Center, Lohrey Rec Center, Northwest Rec Center, Ottawa
Yards, and Dayton Police West Patrol Division Headquarters. Possibility to expand to different locations depending on
need.
1. SCOPE OF PROJECT
a. Consultation and Planning Services: Awarded Vendor shall be available to provide on-site assessment of
locations needs, recommendations on future equipment needs, room layout, and suggestions of strategies to
improve efficiency when requested.
b. Facility Layout and Design Support: Provide solutions and detailed room layout mockups to maximize
functionality, improve traffic flow and enhance member/ employee experience
c. Long Term Planning and Space Efficiency: The Department of Recreation anticipates the potential of
adding new and trending fitness equipment with the next two years. As such, the awarded vendor will need to
have the ability to supply dual- and multi- function machines to maximize floor space while providing a variety
of workout options, allowing flexibility for future equipment additions.
d. Responsive Maintenance and Service: Awarded vendor will need the capability to provide comprehensive
preventative maintenance and service with clearly defined pricing and response times. Response time for
service requests within 48 hours unless otherwise noted.
e. Extended Maintenance: Extended Maintenance Coverage Period for the duration of the Bid for all machinery
purchased through awarded vendor. Please included summary and specifications of services with company's
bid response.
f. Machine Pricing: Pricing shall be all inclusive including installation services and all fees of transportation
including delivery as noted in the Bid documentation.
g. Warranty: Summary and Specifications related to product(s) and Manufacturers Warranty for product listed in
bid documentation to be included with your company's bid response.
2. INVOICING
The City of Dayton will not be responsible for or allow charges not listed within the Bid Documentation. This is
including but not limited to Fuel, Energy, Service surcharges. Service call and trip charges shall be listed as a
separate line item and must include all mobilization, travel, and dispatch costs for both emergency and non-
emergency services. All invoices must be approved by an authorized City of Dayton staff member.
3. TRADE-IN: Vendor must have a trade-in program that will give credit for old fitness equipment towards new
equipment. The trade ins will not be all at once, the City will do a rotation with replacing and or trading in our
equipment at all City Locations.
List of Equipment:
Precor Smith Machine
Precor Select Leg Extension
Precor Select Leg Curl
Precor Select Bicep Curl
Precor Select Tricep Extension
Precor Select Lat Pulldown
Precor Select Inner/ Outer Thigh
Precor Select Back Extension

List of Equipment (Continued):
Precor Select Seated Abdominal
Precor Select Shoulder Press
Precor Select Chest Press
Precor Select Pec Fly/ Read Delt
Flat Benches
Multi-Adjustable Bench
Decline Bench

BID TO THE CITY OF DAYTON, OHIO
DIVISION OF PROCUREMENT
E-MAIL TO: bids@daytonohio.gov
Date: ___________ I.F.B. No. 26050AD
Note: FOB Destination; all prices bid to the City shall include all fees of transportation including
inside delivery.
DESCRIPTION
Wellness and Fitness Equipment Part I of II
SUSTAINABLE PROCUREMENT POLICY
The City of Dayton acknowledges its responsibility to reduce harm to human health and the environment
while fostering a vibrant community and economy. To help achieve these goals, the City has adopted an
optional sustainable procurement policy. The City further recognizes that the products and services the City
buys have inherent environmental and economic impacts and that the City should make procurement
decisions that embody, promote and encourage the City's commitment to the environment and human
health.
The City strongly encourages potential vendors to bring forward tested, emerging, innovative, and
environmentally preferable products and services that are best suited to the City's environmental principles.
This includes products and services such as those with lower greenhouse gas emissions, high recycled
content, without toxic substances, those with high reusability or recyclability, those that reduce the
consumption of virgin materials, and those with low energy intensity.
As part of its environmental commitment, the City reserves the right to award a contract to the most
responsive and responsible bidder, which includes bids that bring forward products or services that help
advance the City's environmental commitment. In addition, the City may request, though optional to the
vendor, that vendors voluntarily share environmental information related to the bid such as annual
greenhouse gas emissions, energy consumption, miles traveled, or other relevant data. This would help the
City better understand the environmental impacts of its procurement decisions.
The City will do this within its financial ability and affordability.
Our company offers sustainable products and pricing within this submitted proposal:
YES
NO
Our company offers comparable sustainable products not submitted in this proposal:
YES
NO
If YES, please consider submitting documentation and/or certifications to verify the products environmental
and economic impacts with your proposal.

TERMS AND CONDITIONS
1. BILLING: All goods or services must be billed to THE CITY OF DAYTON, OHIO and at prices not exceeding those stated on the Purchase Order. If prices or terms do not agree with quotation,
notify the City of Dayton, Division of Procurement, immediately.
2. INVOICE: All invoices must be in duplicate and must be forwarded to the City of Dayton at the address shown on the Purchase Order. Each Purchase Order must be invoiced separately. Invoices
for partial shipments will be accepted; final invoice must indicate completion of order.
3. CASH DISCOUNTS: All cash discount terms will be effective from date of actual receipt and acceptance of the items purchased, or from receipt of correct and acceptable invoice, whichever is
later.
4. F.O.B.: Destination (City of Dayton, Ohio) with delivery to the specified Department at the specified street address. NO COLLECT FREIGHT SHIPMENTS WILL BE ACCEPTED. All
quotations are solicited won a delivered price basis. When, in rare instances, the City accepts a quotation not including all shipping charges, your claim for reimbursement must be itemized on the
invoice and supported with a copy of the original freight bill.
5. TAXES: The City of Dayton is exempt from payment of Federal excise taxes and State retail sales taxes. The City of Dayton's Federal Exemption Certificate is No. 31-73- 0546K and Ohio
Vendor's License No. is 57-15847. The Vendor is responsible for all Social Security taxes and Workers' Compensation contributions for the Vendor or any of the Vendor's employees.
6. DELIVERIES: All deliveries on this order must be in full accordance with specifications, properly identified with the Purchase Order number, and must not exceed the quantities specified.
7. CANCELLATION: The City of Dayton reserves the right to cancel this order by written notice if the Vendor does not fulfill its contractual obligations with respect to timeliness and/or
quality.
8. DEFAULT PROVISIONS: In case of default by the Vendor, the City of Dayton may procure the items from other sources, and the Vendor shall be responsible for any excess costs occasioned
thereby.
9. NO VERBAL AGREEMENTS: The City of Dayton will be bound only by the terms and conditions of this order and will not be responsible for verbal agreements made by any other officer or
employee of the City of Dayton. The receipt of this purchase order does not indicate an authorization of fulfillment. Confirmation by City personnel must be received as indicated in the purchase order
before any orders are placed.
10. PATENT AND COPYRIGHT INFRINGEMENTS: It is hereby understood that by acceptance of this order, the Vendor agrees to defend, indemnify, and save harmless the City of Dayton, Ohio,
its officers, agents and employees from any and all loss, costs or expense on account of any claim, suit or judgment as a result of, caused by, or incidental to any patent, copyright or trademark
infringement and/or royalty, actual or claimed, because of the use or disposition by said City of any article enumerate on this order and sold to said City pursuant to this order.
11. APPLICABLE LAWS: The Vendor warrants that the items and their production or completion shall not violate any federal, state or local laws, regulations or orders.
12. INSPECTION: The City of Dayton may inspect the items ordered hereunder during their manufacture, construction and/or preparation at reasonable times and shall have the right to inspect such
items at the time of their delivery and/or completion.
13. WARRANTY: The Vendor warrants all items delivered hereunder to be free from defects of material or workmanship, to be of good quality, and to conform strictly to any specifications,
drawings or samples which may have been specified or furnished by the City of Dayton, and the Vendor further warrants that the Vendor will have good title to the items free and clear of all liens
and encumbrances and will transfer such title to the City of Dayton. Said warranties shall not negate or limit any implied warranties of merchantability or fitness. This warranty shall survive any
inspection, delivery, acceptance or payment by the City of Dayton.
14. RISK OF LOSS: Title and risk of loss to and with respect to the items shall remain in the Vendor until the items in a completed state have been delivered to and accepted by the City of Dayton
or to an agent or consignee duly designated by the City of Dayton at the location specified on the face hereof, items which are to be shipped shall be shipped F.O.B. destination unless otherwise
specified by the City of Dayton. A packing slip must accompany each such shipment and if a shipment is to a consignee or an agent of the City of Dayton, a copy of the packing slip shall be forwarded
concurrently to the City of Dayton. If no such packing slip is sent, the count or weight by the City of Dayton or its agent or consignee is agreed to be final and binding on the Vendor with respect to
such shipment.
15. SAVE HARMLESS: To the fullest extent permitted by law, the Vendor shall protect, defend, indemnify and hold free and harmless the City of Dayton, its agents, consignees, employees, and
representatives from any and all claims, damages, losses claims of loss, causes of action, penalties, settlements, costs, liabilities and expenses of any kind, including but not limited to attorney's fees,
arising out of any acts or omissions of the Vendor; its officers and employees, including but not limited to temporary employees that the Vendor provides to the City of Dayton who may be trained or
controlled by the City of Dayton to any degree; consultants; agents; and, subcontractors of any tier used in any way to provide the goods or services for this purchase order.
16. FORCE MAJEURE: Neither the City nor Vendor shall be considered in default of these Purchase Order Terms and Conditions for delays in performance caused by circumstances beyond the
reasonable control of the non-performing party. For purposes of these Terms and Conditions, such circumstances include, but are not limited to: abnormal weather conditions; floods; earthquakes;
fire; epidemics; wars, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or
authorization from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either the City of Consultant under this Agreement. Should
such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing
continued performance and the efforts being made to resume performance under this Purchase Order.
17. INSURANCE: If requested by the City of Dayton, the Vendor shall maintain policies of liability insurance of such types and such amounts and with such companies as may be designated by
the City of Dayton, which policies shall be written so as to protect the City of Dayton and the Vendor from the risks enumerated in Section 15. Such policies of insurance shall not be cancellable
except upon thirty (30) days written notice to the City of Dayton and proof of such insurance shall be furnished by the Vendor to the City of Dayton. In addition, such policies shall protect all
subcontractors of the Vendor. The Vendor agrees to make prompt written report to the insurance company involved of all accidents, occurrences, injuries or losses which may occur and of any and
all claims made against the persons insured under said policies.
18. SPECIFICATIONS CONFIDENTIAL: Any specifications, drawing, notes, instructions, engineering notices or technical data referred to in this Purchase Order shall be deemed to be incorporated
herein by reference the same as if fully set forth. The City of Dayton shall at all times retain title to all such documents and the Vendor shall not disclose such to any party other than the City of
Dayton or a party duly authorized by the City of Dayton. Upon the City of Dayton's request or upon completion and delivery of the items the Vendor shall promptly return all such documents
to the City of Dayton.
19. EXAMINATION OF PREMISES: If work is to be performed hereunder on the premises of the City of Dayton, the Vendor represents that it has examined the premises and any specifications or
other documents furnished in connection with the items and that it has satisfied itself as to the condition of the premises and site and agrees that no allowance shall be made in respect of any error as
to such on the part of the Vendor.
20. CLEANING OF PREMISES: If work is to be performed hereunder on the premises of the City of Dayton, the Vendor shall at all times keep the premises free from accumulation of
waste material or rubbish. At the completion of the items the Vendor shall leave the premises and the items broom-clean.
21. EQUAL EMPLOYMENT OPPORTUNITY, R.C.G.O. Sec. 35.14: (a) The Vendor agrees that it will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status, or handicap with respect to employment, upgrading, promotion or transfer, recruitment
or recruitment advertising, lay-off, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) It is expressly agreed and understood by Vendor
that R.C.G.O. Sec. 35.14 constitutes a material condition of this contract as fully as if specifically rewritten herein and that failure to comply therewith shall constitute a breach thereof entitling the
City to terminate the contract at its option.
22. AGREEMENT TO BE EXCLUSIVE: This Purchase Order contains the entire agreement between the parties and supersedes all other agreements between them. The parties acknowledge and
agree that neither of them has made any representation with respect to the subject matter of this Purchase Order or any representation inducing the execution and delivery of this Purchase Order except
such representations as are specifically set forth herein, and each party acknowledges that it has relied on these representations in connection with its dealings with the other.
23. GOVERNING LAW: This Purchase Order, the performance under it, and all suits and special proceedings under it shall be construed in accordance with the laws of the State of Ohio. In any action,
special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Purchase Order, the laws of the State of Ohio shall be applicable and shall govern to
the exclusion of the laws of any other forum, without regard to the jurisdiction in which the action or special proceeding may be heard.
24. ADDITIONAL RIGHTS: Any rights or remedies granted to the City of Dayton in any part of this Purchase Order shall not be exclusive of, but shall be in addition to, any other rights or remedies
granted in another part of this Purchase Order and any other rights or remedies that the City of Dayton may have at law or in equity in any such instance.
25. PRODUCT MANUFACTURE LABOR STANDARDS: Products and services provided for in this Purchase Order cannot be produced under "Sweatshop" Conditions as defined in Informal
Resolution No. 301-97 as adopted by the Commission of the City of Dayton. The City of Dayton encourages vendors, contractors, Enterprise Zone employers and other organization doing business
with the City of Dayton to use their best efforts to pay a living wage to their employees in accordance with Informal Resolution No. 321-98 as adopted by the Commission of the City of Dayton.
26. CONTRACTOR: Contractor acknowledges its employees are not public employees for purpose for Ohio Public Employees Retirement System ("OPERS") membership.
27. VENUE: Vendor agrees that all suits or special proceedings pertaining to or arising from this Purchase Order shall be brought exclusively in a court of competent jurisdiction located in Montgomery
County, Ohio. Vendor hereby consents and submits to the exclusive jurisdiction of such court. Vendor agrees that no legal action, suit or proceeding with respect to this Purchase Order may be brought
in any other forum.
28.VENDOR WARRANTS AND GUARANTEES THAT: (a) all services provided shall be performed in a timely, efficient, and professional manner; (b) all personnel assigned to perform services shall
have the necessary skill and training; and (c) services shall be performed in a manner consistent with the standard of care in the industry. The Vendor shall fully warrant and guarantee the effectiveness,
fitness for purpose intended, quality and merchantability of any services or work performed. This shall be in addition to any other warranty, guarantee, or remedy provided by law or otherwise.
29. TERMINATION: The City may, at any time, upon twenty days written notice to the contractor, terminate this purchase order in whole or in part for the City's convenience and without cause. The
contractor shall not be entitled to any profit or overhead for the materials, equipment or services not performed.
T&C Revision Date: 20 November 2024

AFFIRMATIVE ACTION ASSURANCE
NOTE: Prior to any award on this bid the vendor(s) must have a current
Affirmative Action Assurance Form on file and approved by the City
of Dayton Human Relations Council.
If you have a current approval, please enclose a copy with your bid.
If you do not have a current approval, or are not sure if you do, please
contact the Human Relations Council at 937/333-1403 or by
following instructions at link:
http://daytonhrc.org/business-technical-assistance/affirmative-
action-assurance/affirmative-action-assurance-application/
If you are notified by the City of Dayton that your company does not
have a current "AAA" approval, you will have five (5) working days
to obtain the approval. Failure to obtain this approval within five (5)
working days may be cause for rejection of your bid(s).

CITY OF DAYTON, OHIO
PROCUREMENT ENHANCEMENT PROGRAM (PEP) PREFERENCE FORM
Ordinance #31023-10 (hereinafter referred to as 'the Ordinance') passed by the Dayton City Commission provides for a
Dayton Local Business and MBE, WBE or SBE Bidder Preferences for Goods and Services purchased by the City of
Dayton as defined in section 35.42 of the Revised Code of General Ordinance (R.C.G.O.). Excerpts of the ordinance
are provided for your information.
The rules and regulations adopted by the City for the administration of this ordinance require that bidders claiming
Preference complete this form for each bid.
Failure to properly complete and return this form may result in not being qualified to receive preference under the
Ordinance.
If I am a: 1. Local and certified MBE, WBE or SBE 10%
or 2. Local and not certified MBE, WBE or SBE 5%
or 3. Certified and not local 5%
If my bid is within the above percentage of the lowest bid submitted, I agree to reduce my bid to match the lowest bid
Check one [ ] Yes [ ] No [ ] Please contact me
PREFERENCE CLAIMED - check one or both [ ] Dayton Local Bus. [ ] Certified MBE, WBE, or SBE
NOTE if claiming local preference, the business location must meet the definition of a Dayton Local Business.
NOTE if claiming Certified M/W/SBE preference, the business must submit a current copy of the City of Dayton HRC
certification letter with the bid.
BUSINESS NAME: __________________________________________________________________________
BUSINESS ADDRESS: _______________________________________________________________________
COUNTY: __________________________ STATE: _____________________ ZIP CODE: _________________
FEDERAL I.D. NO.: __________________________________________________________________________
If incorporated. If a sole proprietorship, use Social Security number of owner.
I. TESTIMONY AND AUTHORIZATION
The undersigned, on behalf of the aforementioned business concern, hereby authorizes the City of Dayton Department
of Finance, Division of Taxation to provide proof of situs pursuant to the Ordinance (#31023-10), to the city of Dayton
Division of Purchasing. In so doing, I authorize the Division of Taxation to disclose such records as may be necessary
to establish qualifications for local preference as required by the Ordinance or any subsequent rules and regulations
adopted in the administration of the Ordinance. I, on behalf of the aforementioned business concern, hereby release
the City of Dayton and its officers, employees, or agents from any and all liability for the disclosure of any information
establishing these qualifications. If applying as a Dayton Local Business, I attest to the fact that the business is physically
located within the corporate limits and boundaries of the City of Dayton, Ohio. By affixing my signature to this form, I
also attest that I am a duly authorized agent of the aforementioned business concern.
__________________________________________ __________________________________________
Type or Print Agent Name Agent Signature and Date
Form LP29572-98 Rev 10-7-10

Excerpts from ORDINANCE #31023-10 and #31841-20
Establishing a Dayton Local Business and MBE, WBE or SBE Bidder Preferences for Goods and Services
Section 1. Definitions
(a) "Dayton Local Business" hereafter called City Bidder, is a business as defined in Section 35.35 of the Revised Code of
General Ordinances (R.C.G.O.) who is a business located within the corporate limits of the City that has filed or paid a payroll
or earnings tax in the most recent calendar quarter and is a taxpayer in good standing with the City of Dayton.
(b) "Minority Business Enterprise (MBE)" or "Women Business Enterprise (WBE)" or "Small Business Enterprise (SBE)"
as certified through the City's Human Relations Council and as defined by 35.35 of the R.C.G.O.
(c) "Goods" All things, including specially manufactured goods, which are movable at the time of identification to the contract for
sale, other than the money in which the price is to be paid, investment securities and things in action, and excluding land or a
permanent interest in land
(d) "Services" Those services within the scope of the practices included within professional services and general services.
Section 2. Intent
The intent is to expand the City's ability to provide a revenue neutral program, while allowing flexibility in the award process to
include and prefer those companies qualified for the preference. In order to receive the preference, the business must be within the
stated percentage and willing to reduce their bid.
Preferences will be given in the following order:
Step 1) 10% preference for a business that is local AND certified,
Step 2) If no business meets the above criteria, THEN a 5% preference for a non-certified local business may be granted,
Step 3) If no business meets either of the above criteria, THEN a 5% preference for a non-local certified business may be given.
Section 3. Applying Local & Certified Preference Example
Bid Responses:
Bidder A: Not a certified and not a Dayton local business bids: $100
Bidder B: Certified (MBE, WBE, or SBE) and Dayton Local Business bids: $110
Bidder C: Not certified but is a Dayton Local HUB Zone Business bids: $105
Bidder D: Not certified, but is a Dayton Local Business (non HUB) bids: $105
Bidder E: Certified, but is not a Dayton Local Business bids: $104
In step one, Purchasing would first contact Bidder B a Dayton Local & Certified Business (since they are within 10% of the low bid),
to determine if they would be willing to match the price of the low bid. If "Yes", then Bidder B is awarded the contract at $100, if
"No", Purchasing would move onto the next criterion.
In step two, we have a tie between two Dayton local businesses (Bidder C and Bidder D), who are both within 5% of the low bid.
The tie would be broken in favor of the Dayton Local business that is a qualified Dayton HUB Zone business. Purchasing would
contact Bidder C to determine if they would be willing to match the price of the low bid. If "Yes", then Bidder C is awarded the
contract at $100, if "No", Purchasing would move onto the other Dayton Local business, Bidder D. Again Purchasing would contact
Bidder D to determine if they would be willing to match the price of the low bid. If "Yes", then Bidder D is awarded the contract at
$100, if "No", Purchasing would move onto the next Criterion.
For step three, we have Bidder E who is certified through the City of Dayton as an MBE, WBE or SBE and within 5% of the low
bidder, but is not a Dayton Local Business. Purchasing would contact Bidder E to determine if they would be willing to match the
price of the low bid. If "Yes", then Bidder E is awarded the contract at $100, if "No", Purchasing would have exhausted all possible
preferences and would award to Bidder A the low bid of $100.
Section 4. Ties
When ranking qualifying businesses, In the event of a tie between two (2) or more Dayton Local Business bidders that are certified
MBE, WBE or SBEs, ties will be broken through a lottery method until the winner remains. In the event the event of a tie between
two Dayton Local Businesses, the tie shall be broken in favor of a Dayton Local Business that is also SBA HUBZone Certified. In
the event of a tie between two (2) or more certified MBE, WBE or SBE bidders, ties will be broken through a lottery method until the
winner remains.
Section 5. City Manager Authorization
The City Manager or designee may promulgate rules and regulations to implement this ordinance provided they are not inconsistent
with the expressed provisions of this ordinance.
Section 6. Severability
This ordinance may be subject to the application of the laws of the State of Ohio or the United States of America, which may
preempt all, or a portion of this ordinance.
Section 7. Expiration
City Commission approval of this ordinance shall expire December 31, 2030.