Where any provision of the charter, this code, or city policies requires award of a contract to the lowest-responsible bidder, the lowest-responsible bidder is determined as follows:
A. In determining whether a bidder is responsible, consideration shall be given to: (1) the quality and performance of the work to be provided by the bidder; (2) the ability, capacity and skill of the bidder to perform the contract or effectuate the transaction; (3) the ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay; (4) the character, integrity, reputation, judgment, experience, and efficiency of the bidder, excluding all discriminatory consideration of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, sexual orientation, or other legally protected characteristic; (5) the quality of the bidder's performance on previous contracts with the city; and (6) the ability of the bidder to provide future maintenance, parts, and repair services for the work provided.
B. Based on the information provided in the bids, the city council or the city manager shall identify those bids that are subject to the city's local sales or use tax under the provisions of part 1.5 of division 2 of the California Revenue and Taxation Code and chapter 3.24 of this code. The lowest- responsible bidder shall be determined after the amount of local sales or use tax that would be received by the city is deducted from the bids. This deduction is in addition to the application of any bid price preferences authorized by subsection C.
C. The city council may, by resolution, adopt standard minimum qualifications for bidders on competitively bid contracts for public projects. If the standard minimum qualifications are included in the bid specifications for a contract, no bidder is considered "responsible" unless it is determined to be responsible pursuant to the factors set forth in subsection A, and also meets the standard minimum qualifications at the time of bid opening. The adoption and use of standard minimum qualifications does not in any way limit or affect the city's right to: (1) review information contained in a bid, and additional relevant information, and determine whether the bidder is a responsive or responsible bidder; or (2) establish different or additional qualification requirements for specific contracts.
D. The city council may, by resolution, adopt programs or policies to provide price preferences, including preferences to promote the participation and utilization of local business enterprises and local workers in city contracts. These preferences shall be in addition to any deduction of sales or use tax required by subsection B. (Ord. 2024-0010 § 4)