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Local Bid Certification
Local Bid Preference may be provided to vendors and contractors per Section 2-175 of the City Code as follows:
Section 2-175. - Local preference in the awarding of contracts requiring competitive bid:
Editor's note- Ordinance No. 3261, §§ 1-4, adopted May 13, 1997, did not specifically amend the Code. Therefore, such ordinance was treated as adding a new § 2-175, at the discretion of the editor.
Section 2-175. - Local preference in the awarding of contracts requiring competitive bid:
- (a): In any instance where competitive bidding is required pursuant to the provisions of sections 2-171(a) or 2-173 and the contract is completely funded by the city, without contribution, in whole or in part, from any 3rd parties, unless preference percentages are otherwise established by the Mayor and City Council, an award shall be made to a vendor resident in the city, provided that such bid does not exceed the lowest qualified bid from a nonresident vendor by more than 7% of the latter bid and that such resident vendor has made written claim for such preference at the time that bid was submitted and except when, in the judgment of the Mayor and City Council of Cumberland the granting of said preference would operate to the disadvantage of the city. In the event that no award is made to a vendor resident in the city pursuant hereto, then, and in that event, an award shall be made to a vendor resident in the county, provided that such bid does not exceed the lowest qualified bid from a nonresident bidder by more than 5% of the latter bid, and that such resident vendor has made written claim for such preference at the time the bid was submitted, and except when, in the judgment of the Mayor and City Council of Cumberland, the granting of such preference would operate to the disadvantage of the city.
- (b): A vendor shall be deemed to be a resident of the city if it maintains an active bona fide place of business within the city and, in the case of a corporation or other association which is required to register with the State of Maryland in order to do business therein, it is duly qualified to do business and is in good standing under the laws of the state.
- (c): A vendor shall be deemed to be a resident of the county if it maintains an active bona fide place of business within the city and, in the case of a corporation or other association which is required to register with the State of Maryland in order to do business therein, it is duly qualified to do business and is in good standing under the laws of the state.
- (d): The preferences provided to residents of the city and county provided under this section shall be deemed to be waived unless a vendor seeking the benefit of those provisions certifies under the penalties of perjury that it is qualified as a resident vendor under the terms of subsections (c) or (d) above and said certification is included in the vendor's bid submissions.
- (e): In any instance where the provisions of any federal or state grant which might be utilized to fund any purchase pursuant to the provisions of sections 2-171(a) or 2-173 require it to be made upon competitive bid, and if the regulations of such federal or state grant prohibit the Mayor and City Council of Cumberland from acting as contemplated herein, the provisions of this section shall be considered to be without effect as to that particular instance, but shall remain applicable to all instances not involving such federal or state grants and regulations.
Editor's note- Ordinance No. 3261, §§ 1-4, adopted May 13, 1997, did not specifically amend the Code. Therefore, such ordinance was treated as adding a new § 2-175, at the discretion of the editor.