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ORDINANCE NO. 1745-NS
AN ORDINANCE AMENDING THE PROVISIONS OF
TITLE 2, CHAPTER 1, ARTICLE 2, SECTION 11 AND
SECTION 13 (CITY MANAGER); TITLE 2, CHAPTER 1,
ARTICLE 5, SECTION 3 (CITY ATTORNEY) ; AND
REPEALING AND REPLACING THE PROVISIONS OF
CHAPTER 10, TITLE 3, (PURCHASING) OF THE
THOUSAND OAKS MUNICIPAL CODE
The City Council of the City of Thousand Oaks does hereby ordain as follows:
PART 1
Section 2-1.211 of the Thousand Oaks Municipal Code is hereby amended to read as follows:
Sec. 2-1.211 Purchases of supplies, services, and equipment.
The City Manager is authorized to award and execute any contract on behalf of the City where the value of the contract does not exceed the amount delegated to City Manager as specified in Section 3- 10.108 or as directed by City Council pursuant to Section 2-1.213(i). In addition, in the event of an accident, disaster, or other circumstances creating a public emergency or urgency, the City Manager may award and execute contracts and make purchases for the purpose of meeting such emergency or urgency. The City Manager shall file promptly with City Council a report showing such emergency or urgency and the necessity for such action as required by this Code, together with an itemized account of all expenditures.
PART 2
Section 2-1.213 of the Thousand Oaks Municipal Code is hereby amended in part to read as follows:
Sec. 2-1.213. Powers and duties.
The City Manager shall be the administrative head of City government under the direction and control of the City Council. The City Manager is responsible for the efficient administration of all the affairs of the City under the City Manager’s control.
In addition to the City Manager’s general powers as administrative head, and not as a limitation thereon, the City Manager shall also have the following powers and duties:
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(a) City Clerk. The City Manager, or the City Manager’s designee, shall perform and fulfill the duties and obligations of the office of the City Clerk;
(b) Law enforcement. The City Manager, or the City Manager’s designee, shall enforce all laws and ordinances of the City and assure the proper performance of all franchises, contracts, permits, licenses, and privileges granted by the City Council;
(c) Reorganization of departments, offices and positions. Consolidate. combine, or reorganize departments, offices, positions, or units under the City Manager’s supervision as may be indicated in the interests of the efficient, effective, and economical conduc t of the City’s business. With the approval of the City Council, the City Manager may be the head of one or more departments;
(d) Legislation recommendations. Recommend to the City Council for adoption such measures and ordinances as deemed necessary or expedient;
(e) Financial reports. Advise the City Council of the financial condition and requirements of the City;
(f) Budget. Prepare and submit the annual budget to the City Council and be responsible for its administration after adoption;
(g) Investigation. Investigate the operation and performance of the City and any department or division under the City Manager’s supervision, and investigate all complaints concerning the administration of the City government, the services maintained by public utilities in the City, and the franchises, permits, or privileges granted by the City;
(h) Supervision of public property. Exercise general supervision over all City- owned public buildings, City -owned public parks, City -owned public equipment, and other public property under the control and jurisdiction of the City Council; and
(i) Additional duties. Perform such other duties and exercise such other powers as may be delegated from time to time by City Council. The authority of the City Manager to perform such other duties and exercise such powers, including execut ion of contracts and other documents , on behalf of the City may be delegated by City Council by resolution, contractual provision, and/or vote action reflected in the official meeting minutes of City Council.
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PART 3
Section 2-1.503 of the Thousand Oaks Municipal Code is hereby amended in part to read as follows:
Sec. 2-1.503. Functions.
The functions of the Office of the City Attorney shall be to:
(a) Represent and appear for the City, its City Council, boards, and commissions in all legal actions or proceedings in which they are concerned or are a party; and represent and appear for any City officer or employee, or a former City officer or employee, in all actions or proceedings in which such officer or employee is a party defendant due to the performance of official duties;
(b) Advise the City Council and all City officers in all matters of law pertaining to their offices;
(c) Furnish service at meetings of the City Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the City Council, or by any of the boards and commissions, or officers of the City;
(d) Prepare ordinances, resolutions, contracts, and other legal instruments as shall be required or may be deemed necessary by the City Attorney for the proper conduct of the business of the City and approve the form of such contracts and bonds given to the City;
(e) Prosecute on behalf of the people all criminal cases for violations of City ordinances; and
(f) Perform such other legal duties as may be required by City Council or as may be necessary to complete the performance of the foregoing functions.
The authority of the City Attorney to perform such duties, including execution of contracts, on behalf of the City in excess of that amount stated in 3-10.108 may be delegated by City Council by resolution, contractual provision, and/or vote action reflected in the official meeting minutes of City Council.
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PART 4
Chapter 10 of Title 3 of the Thousand Oaks Municipal Code is hereby repealed and replaced in its entirety to read as follows:
Article 1. Definitions
Sec. 3-10.101. Purpose.
The purpose of this chapter is to establish an efficient procedure for the purchase of supplies, services, and equipment, and to establish a procedure for performing or contracting for the construction of public works consistent with state law. These procedures shall not be overly time-consuming and cumbersome, while allowing the City to obtain the best professional services, and acquire quality supplies, general services, and equipment in an overall economic manner, and also to construct public works at the lowest reasonable cost. The purpose of this ordinance is to emulate best practices in the purchasing procedures.
Sec. 3-10.102. Definitions.
(a) Bidder’s List. “Bidder’s List” shall mean a list of responsible prospective vendors capable of providing the items being bid upon.
(b) Cooperative Bid. “Cooperative Bid” shall mean several government agencies joining together to create one bid document combining all agencies product volume for consideration of the bidder in determining the unit cost.
(c) Emergency. As determined by City Council, including, but not limited to, states of emergency defined in Section 8558 of the Government Code and California Public Contract C ode (PCC) Section 1102, “Emergency” shall mean “a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss of life, health, property, or essential public services” and the repair or replacements are necessary to permit the continued conduct of the operation of services of the City, or to avoid danger to life or property, repair or replace any public facility without adopting plans, specification, or working details or give notice for bids to let a contract or Public Works Construction Contract.
(d) Equipment. “Equipment” shall mean furnishings, machinery, vehicles, rolling stock, and other personal property used in the City’s business.
(e) General Services. “General Services” are services which do not require any unique skill, special background, training, and for which FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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the lowest cost is typically a more important factor in selection, as opposed to personal performance. Examples of general services include uniform cleaning and maintenance services.
(f) Maintenance Work. “Maintenance Work” shall mean:
(1) Routine, recurring, and usual work for the cleaning, preservation, or protection of any publicly owned or publicly operated facility for its intended purposes.
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering,
trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.
(g) Multiple Awarded Bid. When a bid is awarded to more than one vendor for the same or similar products. A multiple awarded bid schedule is usually set up and provides information of product type/brand and vendor who is providing the product.
(h) Piggyback. Use of another public agency’s existing contract to purchase the same product(s) as outlined in the awarding bid document.
(i) Professional, Management, or Special Services. “Professional," “Management”, or “Special Services” shall mean any work performed by an attorney, doctor, architect, engineer, land surveyor, construction manager, appraiser, expert, accountant, consultant or those services such as computer services, golf course operating services, concession services, parking garage operation services, and transportation/transit operator services. Factors for determining whether professional, management, or special services are needed include, but are not limited to, services which require special performance criteria, specific experience and training, professional judgment, licensing, qualified expertise in a specific area of work, or other unique factors other than simply obtaining the service at the lowest cost to the City.
(j) Public Works. “Public Works” shall mean work subject to the regulation of the PCC and State Labor Code requiring the payment of prevailing wage and as defined in California Labor Code Section FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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1720 et. seq. and 1771 and as may be amended, and paid for in whole or in part out of public funds . Examples of Public Works include:
(1) The erection, construction of, alteration, major painting, repair, or demolition of public buildings, streets, walkways, water and sewer facilities, drainage facilities, or other public facilities, whether owned, leased, or operated by the City. (2) Furnishing supplies or materials for any of the above works or projects.
(3) Maintenance Work performed under contract.
(k) Public Project. “Public Project” shall have the meaning as set forth in the PCC Section 20161 and Section 22002, or as thereafter amended and shall not include Maintenance Work as defined above.
(l) Purchase. “Purchase” shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies.
(m) Purchasing Agent. The “Purchasing Agent”, for the purposes of this Chapter, shall be the Finance Director or designee and is responsible for managing the decentralized purchasing program.
(n) Purchasing Officer. The “Purchasing Officer,” for the purposes of this chapter, shall be the City Manager or designated representative.
(o) Single-Source Purchases. “Single Source Purchases” shall mean when more than one source exists which are capable of supplying the product or service, but it is decided to direct the purchase to a particular source due to a specific compelling reason.
(p) Sole Source Purchases. “Sole Source Purchases” shall mean unique commodities or services that can be obtained from only one vendor, or one distributor authorized to sell in the area, with singular characteristics or performance capabilities or which have specific compatibility components.
(q) Special Equipment/Supplies. “Special Equipment/Supplies” shall mean unique supplies, machinery, computers, or other equipment which are not generally and regularly ordered in bulk by the City and which must perform complex tasks or integrate efficiently w ith existing equipment or supplies.
(r) Supplies. “Supplies” shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City’s business, excepting supplies or materials for a FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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public work which is regulated under the PCC Sections 20160, et seq.
(s) Uniform Construction Cost Accounting Procedures. “Uniform Construction Cost Accounting Procedures” shall mean those procedures and rules established by the State Uniform Construction Cost Accounting Commission pursuant to Section 22010, et seq. of the PCC or as amended.
(t) Urgency. Urgency shall exist when the service, repair, or replacements are immediately necessary to permit the continued performance of the operations or services of the City, or to avoid the immediate danger to life, health, or property.
Sec. 3-10.103. Purchasing Agent: Powers and Duties.
The duties of the Purchasing Agent may be combined with those duties of any other officer or position in the City. The Purchasing Agent shall have the authority to:
(a) Purchase or contract for needed City supplies, general services, equipment, and special equipment/supplies which are not included within a construction contract or proposed specifications for a construction contract of a public work being administered by any other City department;
(b) Investigate, keep knowledgeable about, negotiate, and recommend on the execution of contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures of this chapter, and such administrative rules and regulations as presc ribed by the City Manager;
(c) Keep informed of current developments concerning purchasing, prices, market conditions, and new products;
(d) Prescribe and maintain such forms as necessary for the proper operation of this purchasing system;
(e) Supervise the inspection of all supplies, general services, and equipment purchased under this chapter to assure conformance with City specifications;
(f) Supervise the transfer of surplus and unused supplies and equipment for sale or disposal of such;
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(g) Maintain up-to-date bidder’s list, vendor’s catalogs, files, and such other records as needed to perform these duties;
(h) Ensure that purchas ing specifications are written to encourage full competition;
(i) Perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, services, construction services, and equipment.
Sec. 3- 10.104. City Council Authorizes City Manager to Implement Administrative Regulations.
City Council authorizes City Manager to establish and maintain written administrative regulations and standards consistent with Thousand Oaks Municipal Code, Title 3, Chapter 10, which incorporate and implement the City’s purchasing and contracting procedures, including an implementation of the purpose, goals and requirements of this ordinance.
Sec. 3-10.105. Purchase Orders.
(a) Except for departmental purchases as authorized in Sec. 3-
10.201(a), purchases under Ten Thousand and no/100
th ($10,000.00) Dollars and
exemptions established in the Purchasing Administrative Regulations Manual (Purchasing Manual), purchases of supplies, services, and special equipment/supplies, that are not related to a Public Work/Project, shall be made only by purchase orders issued by the Purchasing Agent. For a Public Work/Project over Five Thousand and no/100th ($5,000) Dollars, Purchase Orders shall be required as set forth in PCC Section 20162.
(b) The purpose of a Purchase Order is to ensure compliance with this Purchasing Ordinance. Exemptions to the Purchase Order requirements are set forth in the Purchasing Manual. Examples of such exemptions include: acquiring land or books, payments that are not for the actual purchase of services, goods or supplies, or payments of debt services.
Sec. 3-10.106. Encumbrance of Funds.
Except in cases of urgency as described in Sections 3- 10.205, 3-10.308, and 3- 10.401(e), the Purchasing Agent shall not issue any Purchase Order for purchase of supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged or City Council has authorized said purchase.
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Sec. 3-10.107. Solicitation Exceptions.
(a) The competitive bid and RFP processes are not applicable to certain purchases. The following are exempt from the solicitation processes of Chapter 10 Article 2 and Article 4 herein.
(1) Department purchases, as defined in Section 3-10.201(a); (2) Travel/expense advances for City employees and officials on City business;
(3) Periodical subscriptions and commercial off -the-shelf software subscriptions and licenses that do not have any customization;
(4) Trade circulars or books, including electronic resources; (5) Insurance premiums;
(6) Insurance claims;
(7) Employee reimbursement of expenses;
(8) Petty cash reimbursement;
(9) Medical payments;
(10) Newspaper advertisements and notices;
(11) Dues to approved organizations;
(12) Payments to other government agencies;
(13) Utility service payments, utility connection and/or installation charges;
(14) Legal services;
(15) Postage, courier/delivery messenger services;
(16) Land and acquisition-related services;
(17) Purchase or lease of buildings;
(18) Debt services;
(19) Grants;
(20) Claim settlements.
Sec. 3-10.108. Contracts.
(a) All written contracts shall be approved by City Attorney as to form.
Contracts shall be prepared for professional, management, general or special services which are over Ten Thousand and no/100 th
($10,000.00) Dollars, and Public Works/Project contracts which are over Five Thousand and no/100th ($5,000.00) Dollars. Contracts for an amount of Fifty Thousand and no/100 th ($50,000.00) Dollars or less shall be approved/awarded and executed by the Department Head. Contracts for an amount over Fifty Thousand and 01 /100th ($50,000.01) Dollars but not more than One Hundred Thousand and no/100th ($100,000.00) shall be approved/awarded and executed by the City Manager, following any required selection process outlined in Articles 3 and 4 of this Chapter. Contracts for legal services for an amount not more than One Hundred Thousand and no/100
th
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($100,000.00) shall be approved/awarded and executed by the City Attorney. Contracts with a dollar amount exceeding One Hundred Thousand and 01 /100th ($100,000.01) Dollars shall be
approved/awarded by City Council following a selection process outlined in Articles 3 and 4.
(b) Contract Amendments shall be approved and executed as follows:
(1) The Department Head shall have the authority to approve and execute Contract Amendments where the sum of all
amendments, plus original contract amount, does not exceed Fifty Thousand and no/100
th ($50,000.00) Dollars. If the
amended contract will exceed Fifty Thousand and no/100 th ($50,000.00) Dollars, but be less than One Hundred
Thousand and no/100 th ($100,000) Dollars, City Manager shall approve and execute the contract amendment.
(2) The City Manager or City Attorney shall have the authority to approve and execute Contract Amendments where the sum
of all amendments, plus original contract amount, shall not exceed One Hundred Thousand and no/100
th ($100,000.00)
Dollars, or as otherwise authorized by City Council . If the amended contract will exceed One Hundred Thousand and
no/100th ($100,000.00) Dollars, City Council shall approve the contract amendment.
(3) For a contract originally approved by City Council for an amount of One Hundred Thousand and no/100 th
($100,000.00) Dollars and over, the City Manager shall have authority to execute contract amendments which do not
involve additional funds beyond the amount approved by City Council. If at any time a contract amendment would exceed that amount, that contract amendment must be approved by City Council.
(c) On-Call Master Professional Services Contracts. For those Professional Services as defined in Government Code Section 4526 (and as otherwise amended), master multi -year contracts with several consultants with a general scope of work may be set up for a total not-to-exceed dollar amount as approved by City Council.
(1) A formal Request for Qualification process shall be used in accordance with Municipal Code Section 3 -10.401(d) and awarded based on qualifications.
(2) Task Orders shall be issued pursuant to the Master Contract with a specific scope of work in accordance with the process outlined in the Purchasing Manual and authorized as follows:
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i. The Department Head shall have authority to execute
Task Order s for individual projects for the amount
specified in Sec. 3-10.108a.
ii. The City Manager shall have authority to execute Task Orders for individual projects for the amount specified in Sec. 3-10.108a.
iii. Any Task Order in an amount exceeding One Hundred
Thousand and no/100
th ($100,000.00) Dollars will
require City Council approval as pursuant to the terms
of the Master Contract and shall not be issued for an
amount exceeding One Hundred Fifty Thousand and
no/100
th ($150,000.00) Dollars.
iv. For projects exceeding One Hundred Fifty Thousand
and no/100
th ($150,000) Dollars, an individual Request
for Proposal/Qualification process and a new contract
awarded by City Council are required.
v. For Task Orders related to work performed pursuant to development projects where costs will be reimbursed
by the project applicant, the City Manager shall have
authority to execute Task Orders up to the not -to-
exceed amount of the Master Contract that was
approved by City Council.
(d) On-Call Master General Services Contract s. For General Services , master multi-year contracts with several contractors with a general scope of work may be set up for a total not-to-exceed dollar amount as approved by City Council.
(1) A Bid or a Request for Proposal/Qualification process may be used to procure General Services and may be awarded based on qualifications plus reasonableness of cost.
(2) Task Orders shall be issued pursuant to the Master Contract with a specific scope of work in accordance with the process outlined in the Purchasing Manual and authorized as follows:
i. The Department Head shall have authority to execute
Task Orders for individual projects for the amount
specified in Sec. 3-10.108a.
ii. The City Manager shall have authority to execute Task Orders for individual projects for the amount specified in Sec. 3-10.108a.
iii. Task Orders for On-Call Master General Service
Contracts shall not be issued for an amount that
exceeds the limit as set forth in PCC Section 22032(a).
(e) Public Work/Project Contracts shall be established for work in an amount of Five Thousand and no/100
th ($5,000.00) Dollars and over
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as set forth in PCC Section 20162. City Manager may award and execute contracts for individual projects in the maximum amount allowed for informal bids under PCC Section 220 32(b). Individual projects in an amount exceeding the informal bid limit require a formal bid and shall be approved by City Council.
(f) Change Orders. A Change Order shall be used to modify Public Project contract documents regarding contract price, schedule of payments, completion date, plans and specifications, expanding scope of work due to change in conditions, and for unit price overruns and under runs, as specified in the Contract. Work description and justification should relate to the original project and should be necessary to achieve original scope of project. After a determination that the Change Order and its related costs are merited, the City Manager is authorized to issue Change Orders as follows:
(1) For c ontracts in the amount of the informal bid limit as is reflected under PCC Section 22032(b):
(i) City Manager may approve Change Orders until the
contract reaches the informal bid limit as is reflected under PCC Section 22032(b).
(ii) Once the original contract plus all accumulated
Change Orders is in an amount that is equal the
informal bid limit as is reflected under PCC Section
22032(b), subsequent Change Orders must be
approved by City Council prior to commencing the
work.
(2) For contracts in an amount exceeding the informal bid limit as is reflected under PCC Section 22032(b):
(i) City Manager may approve accumulative Project
Change Orders up to the contingency established and
approved by City Council for each individual contract.
(g) On-Call Master Maintenance Service Contracts.
(1) A Request for Qualification process shall be used to establish Master Contracts. The purpose of which is to award discrete small projects which in no event exceed the amount as is reflected under PCC Section 22032(a) per task order.
(2) Master Single or Multi -year Contracts may be set up with several vendors and will include a general scope of work and will establish an annual not -to-exceed dollar amount as approved by City Manager or City Council as is appropriate. (3) Task Orders shall be issued pursuant to the Master Contract with a specific scope of work and the Department Head shall FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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have authority to execute such Task Order s for individual projects for an amount of Fifty Thousand and no/100 th ($50,000.00) Dollars or less. The City Manager shall have the authority to execute such Task Orders over Fifty Thousand and no/100th ($50,000) Dollars, but not more than the amount as is reflected under PCC Section 22032(a).
Article 2. Supplies, General Services and Equipment
Sec. 3-10.201 Bidding procedures
Except as authorized in Section 3- 10.202, 3- 10.203, or in the case of urgencies as described in Section 3-10.205, the purchase of supplies, equipment and special equipment/supplies, not included in the construction contract or bid specification for a public works project, and certain general services, shall be made as follows:
(a) Department Purchases. A department may purchase specified and limited supplies, and equipment, special equipment/supplies , and certain general services independently of the Purchasing Agent of a value less than Ten Thousand and no/100
th ($10,000.00) Dollars,
provided such department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes when purchasing such items. All such purchases shall be made with funds in an unencumbered appropriation.
(b) Purchase Order. The purchase of supplies, equipment, or special equipment/supplies, and certain general services with the estimated value of Ten Thousand and no/100
th ($10,000.00) Dollars but not
more than One Hundred Thousand and no/100 th ($100,000.00) Dollars shall be made by a written bidding procedure as follows:
(1) The responsible department shall prepare a written product or service specification describing the minimum requirements of the purchase.
(2) The department shall obtain at least three written responses to the informal request for bid. This requirement may be waived for good cause in writing by the Department Head and Purchasing Agent in consultation with one another.
(3) Written responses may be made by e- mail directly to the department representative requesting the item, or through the City’s eProcurement portal. Further negotiation with a vendor to negotiate a lower price based on the bid responses
received from other vendors is prohibited. A written record and tabulation shall be made at that time the bid response is received and opened. All written responses must be retained FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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by the department for the amount of time as specified in the City’s retention schedule.
(4) Bid evaluation procedures. All bids shall be analyzed by the department for compliance with bid specifications, and the department shall prepare an analysis of the bid process. (i) Award will go to the lowest responsive/responsible
bidder.
(ii) Quality, quantity, and service being equal, a preference of five (5%) percent shall be given to local vendors
located within the City of Thousand Oaks pursuant to
Section 3-10.206.
(iii) If the Department Head determines that all the bids received are unacceptably high, or specifications were
unclear, the D epartment Head may reject any bids
received and the item may be rebid.
(5) No bids received. In the event no bids are received, the Department Head requesting the purchase shall have the
option of any of the following:
(i) Abandoning the purchase; or
(ii) Rebidding the purchase; or
(iii) Requesting Purchasing Officer approval to obtain the item, supply, service, or equipment on a direct
negotiated contract.
(6) The Department Head shall prepare a written
recommendation to the Purchasing Officer for award or
rejection of bids.
(7) Award. The Purchasing Officer shall reject all bids or award the purchase contract to the lowest responsive and
responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the bid and the contract award amount is within the unencumbered
appropriation for that item. The Purchasing Officer may waive any minor bid irregularities and shall award informal bids up to One Hundred Thousand and no/100
th ($100,000.00)
Dollars.
(c) Formal Bid Procedures. For supplies, equipment, or special equipment/supplies with an estimated value in an amount exceeding One Hundred Thousand and no/100
th ($100,000.00) Dollars ,
purchases shall be made in accordance with the following formal written procedures:
(1) Published Notices. A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation printed and published in FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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the City, and in appropriate trade publications, if any, circulated within the general area and posted on the City’s Purchasing website. Such other notice as the Purchasing Agent deems appropriate shall also be made.
(i) Notices inviting bids. Notices inviting bids shall include a general description of the goods, articles, services, or equipment to be purchased or required, state where
bid blanks and specifications may be secured, describe
any performance or bid security required, and the time
and place for the opening of bids;
(ii) Bidder’s List. The Purchasing Agent shall maintain a list of responsible bidders for various categories of
supplies or equipment. A notice of the solicitation for a bid shall be sent to all responsible prospective
contractors or suppliers whose names ar e on the
bidder’s list for the category o f equipment, supplies or general services subject to the bid request or posted
on the City’s Purchasing website and distributed
through mass e-mail notifications.
(2) Bidder’s Security/Failure to Sign Contract. If the City requires a bidder’s bond or other form of security, the bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certified check payable to the City, or a bidder’s bond. Bid security of unsuccessful bidders shall be disposed of securely or returned within sixty (60) days as necessary by the City .
However, the lowest responsive and responsible bidder shall forfeit all or part of their bid security, as may be determined by City Council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder t o execute the contract, City Council may award the contract to the next lowest responsive and responsible bidder.
(3) Bid Opening Procedure. Sealed bids shall be submitted electronically through the City’s eProcurement portal . Bids shall be opened by City staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received. (4) Bid Evaluation Procedures. Quality and service being equal, a preference of five (5%) percent but not more than Five Thousand and no/100
th ($5,000.00) Dollars shall be given to
local vendors located within the City of Thousand Oaks per Section 3- 10.206. All bids shall be analyzed by the
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Purchasing Agent and the department for compliance with bid specifications. The department shall prepare a
recommendation for award or rejection to City Council.
(5) Rejection of Bids. If City Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, City Council may reject all bids presented and use whatever method it deems appropriate, such as
rebid, abandon acquisition, or negotiate a contract to
complete the purchase.
(6) Award of Contracts. Contracts shall be awarded by City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the criteria designated in the solicitation and provided the award amount is within the unencumbered appropriation for that item. City Council may waive any minor bid irregularities. (7) Tie Bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, City Council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.
(8) Performance Bonds. The City may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
Sec. 3- 10.202. Special Equipment/Supplies; Non -competitive purchasing methods.
(a) Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique f unctions, the Purchasing Agent and Department Head, in consultation with one another, may:
(1) Limit bidding to a specific product type, or a brand name product; or
(2) Utilize a request for proposal approach where warranties, service and/or maintenance obligations, and product
performance will be evaluated in additi on to the price of the product. The award of the contract should be to the proposer staff deems is in the best public interest.
(b) Sole and Single-Source Purchases. Sole and single -source purchases can be exempt from the competitive bidding requirements in Sec. 3-10.201 through the following process.
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(1) All sole source and single- source purchases shall be supported by memorandum of written documentation
indicating the facts and nature supporting the determination of a single or sole source, signed by the Department Head and forwarded to the Purchasing Agent for approval . The Purchasing Officer shall approve sole and single- source acquisitions in an amount of One Hundred Thousand and
no/100th ($100,000.00) Dollars or less.
(2) Approval of any sole and single-source acquisition exceeding One Hundred Thousand and no/100th ($100,000) Dollars shall be obtained from City Council for an award of a contract.
Sec. 3- 10.203. Cooperative, Piggyback, and Multiple Awarded Bids; Purchasing With Other Agencies.
Approval and award of cooperative, “piggy -back” or multiple awarded bid purchases shall be obtained from the Department Head for contracts up to Fif ty Thousand and no/100th ($50,000) Dollars. For contracts over Fifty Thousand and no/100th ($50,000) Dollars and up to One Hundred and no/100 th ($100,000) Dollars, approval and award shall be obtained from the City Manager, and by the City Council for purchases in an amount exceeding One Hundred and no/100th ($100,000.00) Dollars.
(a) Cooperative Purchasing. The bidding requirements of Section 3-
10.201 shall not apply to the purchase of any equipment or supplies which the Purchasing Agent determines to be in the best interest of the City to obtain through a cooperative competitive bidding procedure being prepared by and processed through another local, state, or federal governmental agency.
(b) Piggyback. If the Purchasing Agent determines it to be in the best interest of the City, the Purchasing Agent is authorized to “piggy - back” onto or join into an existing written purchase contract obtained through a competitive bidding process prepared an d awarded by another local, state or federal government agency.
(c) Multiple Awarded Bids. Multiple awarded bids are generally conducted by larger government agencies. A competitive bidding process is conducted for a specified product. Several vendors whose product meets the specification are awarded the contract.
Maximum item price and contract terms are established. If the Purchasing Agent determines it to be in the City’s best interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency multiple awarded contracts. Staff must obt ain quotes from at least three vendors on the awarded contract list and award the bid to the lowest responsive and responsible bidder.
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Sec. 3-10.204. Environmentally Preferable Purchasing.
Wherever possible and practical, procure products and services that are environmentally prefer able, as outlined in the Environmentally Preferable Purchasing Policy.
Sec. 3-10.205. Urgencies.
The bidding procedures of Section 3- 10.201 or solicitation procedures in Section 3-10.401 may be dispensed with in the case of urgency. An urgency shall exist when the service, repair, or replacements are immediately necessary to permit the continued performance of essential operations or services of the City, or result in excessive costs if not immediately remedied, or to avoid the immediate danger to life, health, or property. City Council delegates authority to the City Manager to designate a situation as an urgency. Purchases of One Hundred Thousand and no/100
th ($100,000.00) Dollars and over shall be reported to City Council at the next available City Council meeting.
Sec. 3-10.206. Local Preference.
To promote economic development and maintain a healthy economic base in the City, as well as encourage businesses to move into the City’s jurisdiction, the City supports employment and local business opportunities which in turn promote the City’s economic growth. As such, the City has determined it is in its best interest to provide a preference to local businesses.
(a) Local Preference in Purchasing. In the bidding of, or contracting for procurement of supplies, materials, and equipment as provided in these sections, the Purchasing Officer may give a preference to responsive, responsible, local businesses located in th e City of Thousand Oaks in an amount not-to-exceed Five (5%) Percent of the local business’ total net bid price, or Five Thousand and no/100 th
($5,000.00) Dollars, whichever is lower. The Purchasing Officer shall grant the local preference after determ ining that the products are comparable to that of the next lowest bidder. In order for a local business to be eligible to claim the preference, the business must provide a copy of its current business tax certificate issued by the City. This local preference is not applicable to: (1) bids for public projects as defined by PCC Sections 20161 and 22002, (2) bids funded by grants which prohibit its use, and (3) contracts for professional, management, general, and special services.
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Sec. 3-10.207. Staging of Purchases Prohibited.
Purchases and public w orks contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements of this chapter.
Sec. 3-10.208. Inspection and Tests.
The Purchasing Agent, or department requesting the item, shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specific ations. The Purchasing Agent, at their discretion, may require chemical and physical tests of samples or supplies and equipment as they deem necessary to determine the quality in conformance with those specifications.
Sec. 3-10.209. General Services.
(a) General services as defined in Article 1, Section 3-10.102(e) shall be procured either through the bid process outlined in Article 2, Section 3-10.201 with the emphasis on awarding to the “lowest responsive responsible bidder” or through the Request for P roposal process outlined in Article 4, Section 3-10.401 with emphasis on factors other than price.
(b) Factors to Consider. If it is determined by the department in consultation with the Purchasing Agent that all vendors providing a service classification can each provide the servic e satisfactorily, a bid process would be appropriate. However, if factors other than price need to be considered in awarding the contract, the Request for Proposal (RFP) process may be used. Examples of areas other than price that may be important in awarding the contract include:
experience level, competence, resources/equipment, staffing levels, services available/time factors, and other qualifications determined by each City department responsible for recommending the service contract that may be important to consider.
(c) On-Call Master General Services Single or Multi-year Contracts may be awarded to multiple service providers following a formal Request for Proposal/Qualification process using the procedures set forth in Section 3-10.401. Award of master contracts and negotiating task orders should follow th e procedure set out in Section 3-10.108 and according to the processes outlined in the Purchasing Manual.
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Article 3. Public Projects
Sec. 3-10.301. Uniform Construction Cost Accounting Procedures.
City Council has elected to become subject to the Uniform Construction Cost Accounting Procedures as established by the California Uniform Construction Cost Accounting Commission through the California Uniform Public Construction Cost Accounting Act (CUP CCAA). All dollar amounts contained in this Article 3 shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Cost Accounting Commission under PCC Section 22020.
Sec. 3-10.302. Bidding Procedures for Various Project Amounts.
(a) A Public Project in an amount as set by PCC Section 22032(a) may be performed by City employees by force account, by negotiated contract, or by Purchase Order.
(b) A Public Project of an estimated amount exceeding the amount set forth in PCC Section 22032(a), but not more than the informal bid limit set forth in PCC Section 22032(b), may be let to contract by informal bid procedures as set forth in this article.
(c) A Public Project in an amount exceeding the informal bid limit as set forth in PCC Section 22032(c) shall, except as otherwise provided in this article, be let to contract by formal bidding procedures.
Sec. 3-10.303. Approval and Adoption of Plans.
City Council shall approve the design and adopt plans, specifications, and working details, as well as authorize the bid request for all Public Works projects for an amount consistent with those contained in Sec. 3- 10.302 (c) . The City Engineer is delegated discretionary authority to approve the design and adopt plans, specifications, and working details for all Public Works projects qualifying under subsection (a) and (b) of Sec. 3-10.302.
Sec. 3-10.304. Negotiate Contract or Purchase Order Procedures.
For those projects qualifying under subsection (a) of Section 3- 10.302, the project manager shall obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or negotiating a contract with a responsible contractor. For any City force account work, the project manager shall first comply with the guidelines established by CUPCCAA in determining the cost of the public project.
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The Department Head shall have the authority to award and execute any contract for a public project qualifying under subsection (a) of Section 3-10.302 up to the Department Head approval authority stated in Section 3- 10.108. The City Manager shall have the authority to award and to execute any contract for a public project qualifying under subsections (a) and (b) of Section 3-10.302.
Sec. 3-10.305. Informal Bidding Procedures.
For those projects which qualify under subsection (b) of Section 3- 10.302 for informal bidding, the following procedures shall be used:
(a) Bidder List. The City shall maintain a list of qualified contractors, identified according to categories of work or follow alternate procedures as allowed by the PCC Section 22034. Minimum criteria for development and maintenance of the contractors’ list shall be consistent with the CUPCCAA rules.
(b) Notice. Unless the product or service is proprietary, all contractors on the City’s list for the category of work being bid shall be e mailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals specified in this section, or both such mailing and advertising. The trade journals shall be those identified by CUPCCAA as appropriate for this area.
In addition, notice shall be posted on the City’s Purchasing website.
(c) Bidder’s Security/Failure to Sign Contract. Bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certif ied check payable to the City, or a bidder’s bond. Bid security of unsuccessful bidders to be disposed of securely or returned as necessary by the City. However, the lowest responsive and responsible bidder shall forfeit all or part of their bid security, as may be determined by City Council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, City Council may award the contract to the next lowest responsive and responsible bidder.
(d) Minimum Time Period. All mailing of notices to contractors and announcements/advertisements published in the construction trade journals pursuant to subdivision (b) shall be completed not less than ten (10) calendar days before bids are due.
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(e) Notice Contents. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(f) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance bond shall be required, from a surety company licensed to do business in California and acceptable to the City, in amounts equivalent to the total contract amount.
(g) Bid Opening Procedure. Sealed bids shall be submitted electronically through the City’s eProcurement portal . Bids shall be opened by the City Clerk’s staff in public at the time and place stated in the notice inviting bids. At that time, a written record and tabulation shall be made of all bids received and shall be available for public inspection for a period of one year after the bid opening. The project manager shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a recommendation for award or rejection.
(h) Award. The City Manager shall award the contract or reject the bids.
The Purchasing Officer may waive minor bid irregularities.
(i) Change Orders. A Change Order shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, and for unit price overruns and under runs, as specified in the Contract. Work description and justification must relate to the original project and must be work necessary to achieve original scope of project. After a determination that the Change Order and its related costs are merited, the City Manager is authorized to issue Contract Amendments or Change Orders up to the contract contingency as awarded for the individual contract. City Manager may approve Project Change Orders until the contract reaches the informal bid limit as is reflected under PCC Section 22032(b).
(j) Bids in Excess of Statutory Amount. If all bids received are in excess of the informal bid limit as is reflected under PCC Section 22032(c), City Council may, by passage of a resolution by a four -fifths (4/5) vote, award the contract up to the amount as is reflected under PCC Section 22034(d) to the lowest responsive and responsible bidder if it determines the cost estimate of the City was reasonable.
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Sec. 3-10.306. Formal Bidding Procedures.
For those projects requiring formal bidding under Section 3- 10.302(c), the following procedures shall be used per PCC Section 22037:
(a) Publication. A notice shall be published, at least once, no less than fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the jurisdiction of the City. As per specified in the PCC Section 22036, the notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in PCC , Section 22036. The notice shall be sent at least 15 c alendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice as it deems proper.
(b) Bidder’s Security/Failure to Sign Contract. Bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) Percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certi fied check payable to the City, or a bidder’s bond. Bid security of unsuccessful bidders to be disposed of securely or returned as necessary by the City. However, the lowest responsive and responsible bidder shall forfeit all or part of their bid security, as may be determined by City Council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execut e the contract, City Council may award the contract to the next lowest responsive and responsible bidder. All bids must be signed by person authorized to bind company to bid terms.
(c) Bid opening Procedure. Sealed bids shall be submitted electronically through the City’s eProcurement portal. Bids shall be opened by the City Clerk’s staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received and shall be open for public inspection during regular bus iness hours for a period of one year after the bid opening. The project manager shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a recommendation for award or rejection.
(d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended, according to criteria designated in the solicitation, and provided the award amount is FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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within the unencumbered appropriation for that item. The City Council may waive minor bid irregularities.
(e) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay f or readvertising for bids, City Council may accept either bid.
(f) Change Orders. A “Change Order” shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, and for unit price overruns and under runs, as specified in the Contract. Work descr iption and justification must relate to the original project and must be work necessary to achieve original scope of project. After a determination that the Change Order and its related costs are merited, the City Manager is authorized to issue and execute Contract Amendments or Change Orders accumulatively up to the contract contingency approved by City Council as awarded for the individual contract.
(g) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance bond shall be required, from a surety company licensed to do business in California and acceptable to the City, in amounts equivalent to the total contract amount.
(h) No Bids. Per PCC Section 22038, if no bids are received, the project may be performed by City employees by force account, or by negotiated contract without further complying with this article.
Sec. 3-10-307. Rejection of Bids.
(a) In its discretion, City Council may reject any bids presented per PCC Section 22038. City Council may reject all bids provided that notice of intention to reject all bids is given to bidders at least two days prior to the public meeting at which the bids are to be rejected. If after the first invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and after reevaluating its cost estimates of the project, the City shall have the option of either of the following:
(1) Abandoning the project or readvertising for bids in the manner described by this article.
(2) By passage of a resolution by a four-fifths (4/5) vote of the City Council, declaring that the project can be performed more economically by City employees, and having the project done by force account without further complying with this article.
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Sec. 3-10.308. Emergencies; Procedure.
In cases of great emergency as determined by City Council, including, but not limited to, states of emergency defined in Section 8558 of the Government Code and PCC 22035, when repair or replacements are necessary to permit the continued conduct of the operation of services of the City, or to avoid danger to life or property, City Council, by majority vote, may proceed at once to replace or repair any public facility without adopting plans, specification, or working details, or give notice for bids to let a contracts. The work may be done by City forces, by contract, or by a combination of the two (2). City Council delegates to the City Manager, the authority to declare a public emergency subject to confirmation by City Council by a four-fifths (4/5) vote, at its next meeting.
Section 3-10.309. Staging of Public Projects.
Public Project contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive bidding requirements of this chapter.
Sec. 3-10.310. Bid Protests.
Any interested party may file a protest regarding the procurement decisions authorized under this chapter.
(a) Notice of Decision. After a decision regarding a procurement having a value over the amount as is reflected under PCC Section 22032(a) has been made, the Department Head or designee shall notify all persons who submitted a response to a City solicitation of intended award. If a bidder is rejected because the bid is found non- responsive or because the bidder is deemed not -responsible, the City will give written notice to said bidder of evidence reflecting such decision.
(b) Time to File Protest. All protests must be filed in writing and received by the Department Head within five (5) business days of the date on the notice of intended award.
(c) Form of Protest. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non-responsive or not responsible. All protests must be filed in accordance with the instructions contained in the solicitation which is the subject of the protest.
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Manager or designee may base the decision on the written protest alone or may informally gather evidence from the person(s) filing the protest or any other person having relevant information. For procurements having a value of less than the statutory limits contained in PCC Section 220 32(b), the City Manager’s or designee’s decision shall be final.
(e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a “responsible” bidder, the protesting party must submit materials set forth in subdivision (c) above for consideration.
A hearing will be set within a reasonable time to provide a decision before final approval of the selected low bid. For procurements having a value of less than the statutory limits contained in PCC Section 22032(b), the City Manager’s or designee’s decision shall be final.
(f) Appeal of City Manager’s Decision to City Council. For procurements having a value exceeding the statutory limits contained in PCC Section 22032(b), an appeal of the City Manager’s decision may be filed with City Council. All such appeals must be in writing and shall be filed with the City Clerk within five (5) business days from the date of the City Manager’s decision.
(g) Failure to Timely Appeal. An interested party who fails to file a protest within the times set forth in this section waives any right to protest the issue further. No appeal to either the City Manager or City Council of any decision to award a bid under Chapter 10 may occur once the contract has been awarded.
Article 4. Professional, Management, General or Special Services
Sec. 3- 10.401. Award of P rofessional, Management, General or Special Services Contracts Based Upon Competence.
Factors to Consider. In contracting for professional services listed in Government Code Section 4526, selection shall be based on demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services and solicited through a Request for Qualification process.
In contracting for professional services (other than those professions listed in Government Code Section 4526), management, general or special services contracts should only be awarded to firms or persons who have demonstrated “adequate competence” meaning: an adequate level of experience, competence, training, credentials, character, integrity, reputation, financial responsibility, resources, equipment, staffing, and other professional qualifications necessary for FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
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more than a satisfactory performance of the services required in the time period needed and price. The cost of the service may be considered, however, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the City’s best interest to award the contract to a higher priced contractor based on the scope of services, availability, unique skills, staffing levels, timing, prior experience, familiarity with the City and other factors required by the department. The information needed for determining that level of competence other qualifications and the procedure for selecting such services shall be determined by the City department responsible for recommending the service contract.
(a) Request for Proposal/Qualifications (RFP/Q). The acquiring of services shall be procur ed through negotiated contract following a RFP/Q process. Contracting for services is decentralized and shall be the responsibility of the Department Head requesting the service.
The Purchasing Agent may be contacted to assist in the formal RFP/Q process. Subject to Government Code 1097.6, a
contractor/consultant’s ability to perform multiple phases of a project may be limited.
(b) Contracts not subject to the RFP/Q process above and less than Ten Thousand and no/100
th ($10,000.00) Dollars may be awarded and
executed to qualified consultants/firms by a Department Head.
(c) Contracts for an amount exceeding Ten Thousand and no/100 th
($10,000.00) Dollars but not more than One Hundred Thousand and no/100th ($100,000.00) Dollars. The requesting department shall meet the following requirement unless an urgency exists pursuant to Section 3-10.205 above:
(1) Selection Process. Prepare an informal written RFP/Q and contact as many companies as necessary to receive a
minimum of three (3) written responses from
consultants/firms. This requirement to receive three (3) written responses may be waived for good cause in writing by the Department Head and Purchasing Agent in consultation with one another.
(2)
Award. For contracts up to Fifty Thousand and no/100 th ($50,000) Dollars , the Department Head shall award the contract. For contracts over Fifty Thousand and no/100 th ($50,000) and up to One Hundred Thousand and no/100th
($100,000) Dollars, the City Manager shall award the contract. (3) Contract Document. A written contract must be established and contracts for an amount of Fifty Thousand and no/100 th
($50,000.00) Dollars or less shall be approved/awarded and executed by the Department Head. The City Manager or
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designee shall approve and execute any service contract in an amount exceeding Fifty Thousand and no/100 th
($50,000.00) Dollars but not more than One Hundred
Thousand and no/100ths ($100,000.00) Dollars.
(d) Contracts for an amount exceeding One Hundred Thousand and no/100ths ($100,000.00) Dollars. Departments shall utilize a Sealed Request for Proposal process essentially meeting the following requirements unless an urgency exists pursuant in Section 3-10.205 above:
(1) RFP/Q solicitation process. A formal RFP/Q document shall be developed for solicitation of professional, management, or general and special services contracts.
(2) Advertisement. The department shall advertise in appropriate publications and/or use the Professional Services Listings, as available, and post on the City’s purchasing website, during the solicitation process.
(3) Fourteen (14) Day Notice. Notice inviting RFP/Q’s shall be posted on the City’s eProcurement portal at least fourteen (14) calendar days before the due date of submission of the RFP/Q.
(4) Notice Contents. The notice shall include a description of general type of service needed, how the RFP/Q minimum
Scope of Work can be obtained, any pre- proposal
conferences anticipated, the requirement of a written sealed proposal, state the closing date , and place and time for submission of the RFP/Q.
(5) Solicitation Procedure. Sealed RFP/Qs shall be submitted through the City’s e-Procurement portal. RFP/Q’s need not be opened publicly. All proposals shall be analyzed by the department for compliance with RFP/Q requirements and
value of the total scope of services. Follow -up interviews of the most qualified of those submitting a proposal may be held. (6) Award. Professional, Management, General, and Special Services contracts of an amount exceeding One Hundred
Thousand and no/100
th ($100,000.00) Dollars shall be
awarded by City Council.
(7) Contract Amendments. Contract Amendments shall be
approved and executed as follows:
(i) The City Manager shall have the authority to execute contract amendments as stated in Section 3-10.108b.
(ii) If the amended contract was originally solicited through an informal process and the amended contract will
exceed One Hundred Thousand and no/100
th
($100,000) Dollars, City Council shall make a finding
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that it is in the best interest of the City to waive the formal procurement process and approve the
amendment to the contract.
(iii) For a contract originally approved by City Council for an amount of One Hundred Thousand and no/100 th
($100,000.00) Dollars and over, the City Manager shall
have authority to execute contract amendments which
do not involve additional funds beyond the amount
approved by City Council. If at any time a contract
amendment would exceed that amount, that contract
amendment must be approved by City Council.
(8) On-Call Master Professional Services Contracts. For those professional services as defined in Government Code Section 4526, master single or multi -year contracts with several consultants with a general scope of work may be set up for a total not -to-exceed dollar amount as approved by City
Council.
(i) A formal Request for Qualification process shall be used in accordance with Municipal Code Section 3-
10.401(d) and awarded based on qualifications plus
reasonableness of cost.
(ii) Task Orders shall be issued pursuant to Section 3-
10.108c according to the process as outlined in the
Purchasing Manual.
Article 5. Waiving of Purchasing Procedures
Sec. 3-10.501. Waiving of Purchasing Procedures
In its discretion, City Council may at any time, without amending this chapter, waive the purchasing procedures or alter those procedures to fit a specific purchase or contract, when such waiver is not in violation of state or federal law.
A request for waiver should occur only when unforeseen circumstances arise that justify an exception to following the provisions of this ordinance and is in the best interest of the City.
Article 6. Federal Grant Purchasing Procedures
Sec. 3-10.601. Federal Grant Purchasing Procedures
In the case of federal grant awards , the City will conform to all applicable federal purchasing requirements per the Uniform Guidance (2 CFR Part 200) and any terms specific to the individual grant . Unless otherwise stated in the grant documents, federal grant purchasing requirements will always supersede City Purchasing Ordinance and policies.
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PART 5
(Uncodified)
Severability
If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
City Council hereby declares that it would have passed this ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
PART 6
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this 9th day of December, 2025, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM
Office of the City Attorney
________________________________
Tracy M. Noonan, City Attorney
FIN: 370-10\gn\H:\COMMON\Council\2025\Administration\120225 Purchasing Ordinance Update Attachment 1
Ord. No. 1745-NS
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced: December 2, 2025
Published: December 3, 2025, and December XX, 2025
Ordinance No.: 1745-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.