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(1) The city has established a local vendor preference program to be applied in the procurement of supplies and equipment under CMC 3.16.130.

(2) The adjustment to bids provided for under the local vendor preference program shall be implemented according to the following:

(a) Qualification for Local Vendor Preference. In the procurement of supplies and equipment for the city’s requirements, preference shall be given to those vendors who: (i) qualify as a local vendor (“qualifying local vendor”) under this subsection and (ii) submit a written statement in their bid package requesting to be considered a qualifying local vendor. In order to qualify as a local vendor, the bidder must certify the following information as part of the bid package:

(i) It has fixed facilities with employees located within the city limits;

(ii) It has a business street address (post office box or residential address shall not suffice to establish a local presence);

(iii) All sales tax returns for the goods purchased must be reported to the state through a business within the geographic boundaries of the city; and

(iv) It has a city business license.

(b) False Certifications. False certifications shall be immediate grounds for rejection of any bid or, if the bid is awarded, grounds for voiding the bid, terminating any agreement, and seeking damages thereto. Failure to certify the above information shall result in the bid being considered by the city without any adjustment for a local vendor as described in subsection (2)(c) of this section.

(c) Application of Local Vendor Preference. The bid of a qualifying local vendor shall be adjusted according to the following procedures:

(i) In the tabulation of bids to determine the lowest responsible bidder, the bid of each qualifying local vendor shall be reduced by five percent.

(ii) The reduced bid price of the qualifying local vendor will then be compared to the other bids received by the city to determine the lowest responsible bidder under CMC 3.16.130. Notwithstanding this reduction for purposes of determining the lowest responsible bidder, the contract amount with the lowest responsible bidder shall be at the bid price. (Ord. 649 § 2, 2015).