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SECTION 00250 <br />LOCAL PREFERENCE IN PURCHASING OR CONTRACTING <br />Effective August 1, 2009, Indian River County adopted a local preference ordinance, Ordinance No. <br />2009 - 010 as set forth below: <br />Section 105.041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING <br />A. DEFINITIONS <br />(1) "Local business" shall mean a business that meets all of the following criteria: <br />(a) Has had a staffed and fixed office or distribution point ,with a verifiable street <br />address, located within Brevard; Indian River; Martin; Okeechobee; Osceola; or St. Lucie County for <br />at least one (1) full calendar year immediately prior to the issuance of the request for competitive bids <br />or request for proposals by the County. Post office boxes shall not be used or considered for the <br />purpose of establishing a physical address; and <br />(b) Has had, for at least 12 months prior to the date of the advertisement for the <br />particular good or service being solicited, a current "Local Business Tax Receipt" issued by Brevard; <br />Indian River; Martin; Okeechobee; Osceola; or St. Lucie County, if applicable; and <br />(c) Holds any license or competency card required by Indian River County; if applicable <br />and <br />(d) if the contract is awarded, will be the person or entity in direct privity of contract <br />with Indian River County and not as subcontractor, or any lower -tier subcontractor, materialman, or <br />supplier. <br />(2) "Non -local business" means a bidder that is not a local business, as defined herein. <br />B. CERTIFICATION. <br />Any person or entity claiming to be a local business, as defined herein, and desiring to receive local <br />preference, shall complete and submit, together with all required attachments, a "Local Business <br />Certification Form " in the form provided by the County and contained within the bid package <br />accompanying a public notice/advertisement. Any bidder who fails to complete, and submit the "Local <br />Business Certification Form" together with all required attachments with their bid shall not be granted <br />local preference consideration for the purposes of that specific contract award. The Purchasing <br />Division shall determine if a person or entity meets the definition of a "local business." <br />C. LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID. <br />In connection with any solicitation to which this Ordinance applies, Indian River County will give <br />preference to local businesses in the following manner: <br />1.When a qualified and responsive, non -local business submits the lowest price bid (herein, "Apparent <br />Low Bidder'), and the bid submitted by one or more qualified and responsive local businesses is <br />equal to or within five percent (5%) of the price submitted by the Apparent Low Bidder, then the local <br />business with the apparent next -lowest qualified and responsive bid offer (herein, the "Lowest Local <br />Bidder") shall have the opportunity to submit an offer to match the price(s) offered by the Apparent <br />Low Bidder as follows: <br />(a) the Purchasing Division shall invite, in writing, by e-mail, fax, or certified mail, the Lowest Local <br />Bidder to submit a written matching offer to the Purchasing Division (herein "Invitation"); <br />(b) the Lowest Local Bidder may, but shall not be obligated to, submit a written matching offer to the <br />Purchasing Division within five (5) business days after receipt of the Invitation; <br />00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009.doc <br />00250-1 <br />F:\Engineering\Capital Projects\0205 Old Dixie Highway Bridge over the South Relief Canal\0205 Contract Documents & Specs\00250 - LOCAL PREFERENCE IN PURCHASING OR <br />CONTRACTING Bid text2009.doc <br />