§ 8-3.206. Support of Local Vendors.

(a)

Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five (5) percent of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, and providing that the Purchasing Manager, or designee, determines that said local bidder is a responsible bidder submitting a bid or quote that is responsive to the City's specifications, terms, and conditions and the application of this section is appropriate.

(b)

If the lowest local bidder within five (5) percent of the lowest bid or quote does not elect to reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest local bidder shall be given the opportunity to match the bid or quote of the lowest bidder as set forth above, providing that this bidder is also within five (5) percent of the lowest bid or quote that has been deemed responsive.

(c)

To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

(d)

This support of local vendor's policy shall only apply to supplies, materials, equipment and non-professional contractual services required for the conduct of City business.

(e)

Exceptions shall include contracts valued at less than one thousand dollars ($1,000.00) and those contracts which Federal, State or City Charter law forbid from granting such support, such as public works agreements and Federal Transit Administration expenditures.

(f)

Solicitations for bids or quotes must include notice of this section.

(Ord. 3253-C.S., § 1, as amended by Ord. 3340-C.S., § 1, and Ord. 3389-C.S., § 1, effective 7-28-05)

(Amended by Ord. 3507-C.S., § 1, effective 5-29-09; amended by Ord. 3536-C.S., § 1, effective 10-7-10)

Editor's note

Ord. No. 3536-C.S., § 1, effective October 7, 2010, changed the title of Section 8-3.206 from "Preference to Local Merchants" to "Support of Local Vendors." The historical notation has been preserved for reference purposes.