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(c) If the Lowest Local Bidder submits a written offer that matches the bid from the Apparent Low Bidder, such written offer shall be accepted and the Lowest Local Bidder shall be awarded the contract; (d) If the Lowest Local Bidder submits a written offer that does not match the bid from the Apparent Low Bidder, such written offer shall be rejected; and (e) thereupon, the next successive lowest qualified and responsive local bidder, if and only if their bid is less than or within five percent (5%) of the Apparent Low Bidder will receive the Invitation. (f) This cycle shall be repeated until there are no remaining local bidders less than or within five percent (5%), then award shall be made to the Apparent Low Bidder 2. If the Lowest Local Bidder and successive next lowest local bidders do not respond, decline, or are unable to match the Apparent Low Bidder bid price(s), then award will be made to the Apparent Low Bidder. D. BOARD APPROVAL OF CHANGE ORDERS. In the event a Local Bidder is awarded a contract pursuant to this Ordinance, all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners. E. NOTICE. All solicitations that are subject to this Ordinance shall include the substance of this local preference Ordinance and the "Local Business Certification Form". F. EXCLUSIONS AND LIMITATIONS. 1. Waiver of local preference. The application of this Ordinance to a particular purchase or contract of the Board of County Commissioners may be waived only prior to bid solicitation/advertisement and with the approval of the Board of County Commissioners. 2. The provisions of this Ordinance shall not apply where prohibited by federal law or Florida law, or under the conditions of any grant or other funding source. 3. The provisions of this Ordinance shall not apply to contracts under the Consultants Competitive Negotiation Act (CCNA), Florida Statutes Section 287.055, as CCNA allows consideration of location in the evaluative process. 4. The provisions of this Ordinance shall not apply to any procurement where the local nature of a business has been addressed through scoring criteria. 5. The General Services Department shall be responsible for developing, implementing, and maintaining administrative procedures in support of this policy. G. SUBSEQUENT REVIEW AND SUNSET PROVISION. On or about six months after the Effective Date of this Ordinance, the General Services Department will provide the Board with the results to date of this local preference policy and the status of regional reciprocity for Indian River County businesses by Brevard; Martin; Okeechobee; Osceola; and St. Lucie Counties. Within one year after the first bid awarded under this policy, the Board shall receive a similar report from the General Services Department and shall determine whether to continue or modify this policy. Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy. 00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009.doc 00250-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\0455-8th Street Sidewalk Improvements 18th Ct to Old DlxieWdmlm\bld documents\00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009.doc