(a) In any instance that a contractor or vendor shall be selected upon competitive bids by the City or any of its departments, boards, commissions or employees, such award shall be made to a resident of the City; provided, that the bid of such resident contractor or vendor does not exceed the lowest qualified bid from a nonresident contractor or vendor by more than five percent; provided, further, that such resident contractor or vendor has made written claim for such preference at the time the bid was submitted, indicating that the contractor or vendor holds a valid state franchise certificate and a city license, valid and operative for twelve months next preceding the bid award, and that such contractor or vendor has discharged payment of any business and occupational taxes due to the City and has filed returns covering twelve calendar months next preceding the bid award date, and affirmative demonstrates bona fide residency.
(b) Residency shall be determined by the hiring or purchasing body by a review of the totality of the circumstances regarding the residency issue as presented to it by the contractor or vendor alleging residency. The contractor or vendor shall prove to the satisfaction of such body sufficient evidence of residency. Evidence of residency must include, but shall not be limited to, having its established and permanent principal place of business in the city, with an intention to remain there; having an office in the City; in the case of a contractor, evidence that more than fifty percent of the personnel of such contractor and each subcontractor are persons who are residents of the City as of the date the bids are opened; and in the case of a vendor, evidence that such vendor has a stock of materials held in the city for sale in ordinary course of business, reasonably sufficient in quantity to meet the ordinary requirements of customers.
(c) If any of the requirements or provisions set forth in this section jeopardize the receipt of federal funds, such requirements or provisions shall be void and of no force and effect for that specific project.
(9-17-84.)