§ 35.05 LOCAL PREFERENCE.
   (A)   Except for contracts awarded pursuant to A.R.S. Title 34, the town may award up to a 5% local preference for award of public bid for any improvements, materials, equipment, professional services or supplies up to a contract value of $25,000 to a local business in order to facilitate increased competition by such local businesses with larger metropolitan and out of state firms and to prefer the accessibility and prompt service of a local dealer which is deemed to offset the price advantage of volume enterprises. If a local business subcontracts out a portion of the work on the contract at least 50% of the subcontracted amount must be to other local businesses in order to qualify for local preference award. Preference may be awarded based upon equal quality and suitability as deemed solely by the town.
   (B)   In awarding contracts for furnishing any kind of equipment or materials or construction to a political subdivision of the state, the amount of any applicable transaction privilege or use tax of a political subdivision of the state shall not be a factor in determining the lowest bidder whenever a competing bidder located outside the state is not subject to a transaction privilege or use tax of a political subdivision of the state.
   (C)   This preference shall not be used where state statute, Title 34 contracts or any applicable federal statute or regulation prohibits the granting of such preference.
   (D)   In no case, under either state statute or town code, shall any bidder receive more than 5% total preference.
(Ord. 20-12, passed 10-27-2020)