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SECTION 00200 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Effective August 1 , 2009 , Indian River County adopted a local preference ordinance, Ordinance No . 2009 — 010 as set forth below : Section 105 . 041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A . DEFINITIONS ( 1 ) " Local business " shall mean a business that meets all of the following criteria : (a) Has had a staffed and fixed office or distribution point , with a verifiable street address, located within Brevard ; Indian River; Martin ; Okeechobee ; Osceola; or St. Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address; and (b) Has had, for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard; Indian River; Martin ; Okeechobee ; Osceola ; or St. Lucie County , if applicable ; and and ( c) Holds any license or competency card required by Indian River County ; if applicable (d) if the contract is awarded, will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower-tier subcontractor, materialman , or supplier . (2 ) "Non - local business" means a bidder that is not a local business as defined herein . B . CERTIFICATION . Any person or entity claiming to be a local business , as defined herein, and desiring to receive local preference, shall complete and submit, together with all required attachments , a "Local Business Certification Form in the form provided by the County and contained within the bid package accompanying a public notice/advertisement . Any bidder who fails to complete, and submit the "Local Business Certification Form " together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award . The Purchasing Division shall determine if a person or entity meets the definition of a "local business . " C . LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID. In connection with any solicitation to which this Ordinance applies , Indian River County will give preference to local businesses in the following manner : I . When a qualified and responsive, non -local business submits the lowest price bid ( herein , "Apparent Low Bidder") , and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent ( 5 % ) of the price submitted by the Apparent Low Bidder, then the local business with the apparent next- lowest qualified and responsive bid offer (herein , the " Lowest Local Bidder") shall have the opportunity to submit an offer to match the price( s ) offered by the Apparent Low Bidder as follows : ( a) the Purchasing Division shall invite , in writing , by e - mail , fax , or certified mail , the Lowest Local Bidder to submit a written matching offer to the Purchasing Division ( herein " Invitation " ) ; ( b) the Lowest Local Bidder may , but shall not be obligated to , submit a written matching offer to the Purchasing Division within five ( 5 ) business days after receipt of the Invitation ; 00200 - 1