Calabasas Municipal Code Ch. 3.40 Purchasing System

A. This chapter is adopted pursuant to Government Code Section 54201 et seq. to provide guidance and direction regarding the procurement of supplies, equipment, and services and to ensure that the city and its departments will receive high quality goods and services at minimum cost to the taxpayer.

B. The policies and procedures contained in this chapter are not intended to conflict with California Public Contract Code Section 22000 et seq., the Uniform Public Construction Cost Accounting Act, or any other applicable law governing the solicitation of bids and award of contracts for public works projects requiring the expenditure of five thousand dollars ($5,000.00) or more.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

Unless otherwise indicated, the following definitions shall apply to this chapter.

"City manager" means the city manager of the city of Calabasas or his or her designee.

"Department head" means a person designated by the city manager and/or the city council to be responsible for the management of a department of the city or his or her designee.

"Emergency" means an emergency as defined by Section 2.44.020 of this code.

"Equipment" means items that are durable, have a fixed life expectancy and are shown in the city's books as fixed assets.

"General services" means all services other than professional services and services pursuant to a public works contract excluded from this chapter by Section 3.40.010(B).

"Professional services" means those services governed by Government Code section 4525 et seq., including architectural, landscape architectural, engineering, environmental, and land surveying services.

"Professional service agreement (PSA)" means a written contract for professional services entered into as provided in this chapter.

"Purchase" means the renting, leasing, purchasing, licensing or trade of supplies or equipment or the hiring of private contractors.

"Purchasing officer" means the city manager or his or her designee.

"Purchase order (PO)" means a form approved by the purchasing officer for the purchase of supplies, material, and/or equipment, but not professional services or general services.

"Supplies" means office supplies, janitorial supplies, material, goods, tools, or other commodities used in the general conduct of the city's business that do not constitute equipment.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

A. Department heads:

1. Shall have the power to:

a. Negotiate and recommend to the city council contracts for the purchase of supplies, equipment, and/or services on behalf of their respective departments.

b. Approve purchase orders and contracts for the benefit of their respective departments for amounts up to twenty-five thousand dollars ($25,000.00).

c. Execute contracts for the purchase of supplies, equipment and/or services for the benefit of their respective departments in accordance with the policies and procedures prescribed by this chapter.

d. Increase the time for performance or the not-to-exceed amounts prescribed by professional service agreements and contracts for general services for which they are responsible by up to ten (10) percent of the original agreement amount if they reasonably conclude that doing so will result in cost and/or time savings to the city.

2. Are under the duty to:

a. Identify the type and quantity of supplies, equipment, and/or services required to fulfill the responsibilities of their respective departments.

b. Engage in an informal solicitation or bidding process under Sections 3.40.050 or 3.40.070 of this chapter for items expected to cost more than twenty-five thousand dollars ($25,000.00) and less than or equal to one hundred thousand dollars ($100,000.00), or a formal solicitation or bidding process under Sections 3.40.050 or 3.40.080 of this chapter for items expected to cost more than one hundred thousand dollars ($100,000.00).

NOTE: It is not permissible to split or separate purchases into smaller amounts to evade the requirements of this chapter.

c. Maintain records of all submitted bids for the procurement of supplies, equipment, and/or services as required by the city's approved document-retention schedule.

d. Determine whether the required items or services are budgeted or the city council has otherwise authorized their purchase.

e. Secure necessary authorization prior to the commencement of work or delivery of supplies and equipment by preparing a purchase order or professional service agreement and ensuring that it is approved as prescribed by this chapter.

f. Supervise the inspection of supplies or equipment purchased to ensure that the items conform to the quality expectations of the city.

g. Monitor the work of contractors to ensure adherence to the terms and conditions of professional service agreements.

h. Provide coded and approved invoices to the finance department for payment in a timely fashion.

B. The purchasing officer:

1. Shall have the power to:

a. Negotiate contracts for the purchase of supplies, equipment, and/or services on behalf of the city.

b. Approve purchase orders and contracts on behalf of the city in amounts up to fifty thousand dollars ($50,000.00).

c. Execute contracts for the purchase of supplies, equipment and/or services on behalf of the city in accordance with this chapter.

2. Is under the duty to:

a. Enforce this chapter.

b. Recommend the transfer or exchange of surplus supplies and equipment between departments as needed, and recommend the sale of all supplies and equipment which have become obsolete, useless, or otherwise unsuitable for use by the city.

C. The city manager:

1. Shall have the power to:

a. Approve purchase orders and professional service agreements on behalf of the city for amounts up to one hundred thousand dollars ($100,000.00) or up to two hundred thousand dollars ($200,000.00) during a state of emergency declared pursuant to Chapter 2.44 of this code.

b. Perform any or all the duties of a department head or the purchasing officer.

2. Is under the duty to:

a. Ensure that the process for purchasing supplies, equipment, and services meets the needs of the community and the city.

b. Recommend to the city council revisions and amendments to this chapter to achieve its purposes.

D. Chief financial officer:

1. Shall have the power to:

a. Issue payment to vendors after receiving properly coded and approved invoices.

b. Delay issuing payments to vendors if an agreement is void. Purchase orders and professional service agreements are void if any of the following is true:

i. The term of the agreement has expired;

ii. The not-to-exceed amount specified by the agreement has been exceeded; or,

iii. The services performed are other than specified in the agreement.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2018-370, § 1, 11-28-2018; Ord. No. 2025-418, § 1, 11-12-2025)

A. Purchases of supplies, equipment, or services for amounts equal to one thousand dollars ($1,000.00) or less do not require a bidding process and may be approved by a department head. Purchases in this range do not require a purchase order or a contract unless otherwise required by the vendor.

B. Purchases of supplies, equipment, or services for amounts greater than one thousand dollars ($1,000.00) but less than or equal to twenty-five thousand dollars ($25,000.00) do not require a bidding process. Except for purchases made by credit card with advance department head approval, purchases in this range require that a purchase order or a contract be prepared and approved by a department head.

C. Purchases of supplies, equipment, or services for amounts greater than twenty-five thousand dollars ($25,000.00) but less than or equal to fifty thousand dollars ($50,000.00) are subject to the informal bidding process set forth in Sections 3.40.050 or 3.40.070. Purchases in this range require that a purchase order or a contract be prepared and approved by a department head and by the purchasing officer or city manager.

D. Purchases of supplies, equipment, or services for amounts greater than fifty thousand dollars ($50,000.00) but less than or equal to one hundred thousand dollars ($100,000.00) must meet the requirements of the informal bidding process set forth in Sections 3.40.050 or 3.40.070. Purchases in this range require that a purchase order or a contract be prepared and approved by the department head and by the city manager.

E. Purchases of supplies, equipment, or services for amounts greater than one hundred thousand dollars ($100,000.00) must meet the requirements of the formal solicitation or bidding process set forth in Sections 3.40.050 or 3.40.080. Purchases in this range require that a purchase order or a contract be prepared and approved by the department head, the city manager, and council.

F. During a declared state of emergency, purchases of supplies, equipment, or services for any amount do not require a solicitation or bidding process. Purchases less than or equal to two hundred thousand dollars ($200,000.00) require the approval of the city manager. Purchases greater than two hundred thousand dollars ($200,000.00) require the approval of the city council.

G. All properly executed original or amended purchase orders and contracts must be forwarded to the finance department. A copy of all contracts shall also be forwarded to the city clerk and maintained as required by the city's document retention schedule.

Purchase Order and Contract Requirement Matrix

NOTE: The above matrix is intended to summarize the requirements of this chapter and not to change them. If the matrix contradicts the text of this chapter in any respect, the language of the chapter will prevail.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2018-370, § 2, 11-28-2018; Ord. No. 2025-418, § 1, 11-12-2025)

A. Professional service agreement (PSA):

1. Professional service agreements are used to purchase professional services as defined in Section 3.40.020.

2. All purchases of professional services over one thousand dollars ($1,000.00) require the completion of a PSA on the city's standard form, except during times of a declared state of emergency. Deviations from the city's standard professional service agreement must be approved by the purchasing officer or the city manager.

3. All purchases of professional services over one thousand dollars ($1,000.00) require the completion of a PSA on the city's standard form, except during times of a declared state of emergency. Deviations from the city's standard professional service agreement must be approved by the purchasing officer or the city manager.

4. The city shall secure professional services based upon demonstrated competence, professional qualifications, and suitability for the project in general and needs to comply with either an informal or formal competitive solicitation procedure if the value of the agreement exceeds twenty-five thousand dollars ($25,000.00). The city should also consider the cost of the professional service, and in the event that a vendor is selected that does not offer the lowest price, a rationale must be provided to and approved by the city manager prior to final selection being made.

5. For professional services agreements for amounts greater than twenty-five thousand dollars ($25,000.00) but less than or equal to one hundred thousand dollars ($100,000.00), the city shall endeavor to obtain sealed informal proposals or statements of qualifications from at least three different providers. For professional services agreements with a value greater than one hundred thousand dollars ($100,000.00), the city shall publish a formal request for proposals or request for qualifications requesting the submission of sealed proposals from qualified firms. Notice of the formal request for proposals or request for qualifications shall be published in the same manner as formal bids.

6. Authority to approve a professional service agreement shall be as specified in Section 3.40.040.

B. General services agreements:

1. General service agreements are used to purchase general services as defined in Section 3.40.020.

2. All purchases of general services over one thousand dollars ($1,000.00) require the completion of a services agreement on the city's standard form, except during times of a declared state of emergency. Deviations from the city's standard services agreement must be approved by the purchasing officer or the city manager.

3. The city shall secure general services based upon a determination of which provider will provide the overall best value to the city and needs to comply with either an informal or formal competitive solicitation procedure if the value of the agreement exceeds twenty-five thousand dollars ($25,000.00). The city should consider the cost of the service, and in the event that a provider is selected that does not offer the lowest price, a rationale must be provided to and approved by the city manager prior to final selection being made.

4. For general services agreements for amounts greater than twenty-five thousand dollars ($25,000.00) but less than or equal to one hundred thousand dollars ($100,000.00), the city shall endeavor to obtain sealed informal proposals from at least three different providers. For general services agreements with a value greater than one hundred thousand dollars ($100,000.00), the city shall publish a formal request for proposals requesting the submission of sealed proposals from qualified firms. Notice of the formal request for proposals shall be published in the same manner as formal bids.

5. Authority to approve a general services agreement shall be as specified in Section 3.40.040.

C. Purchase order (PO):

1. Purchase orders are used to purchase supplies, material, and/or equipment having a cost greater than one thousand dollars ($1,000.00). They are not to be used to secure services.

2. Authority to approve a purchase order shall be as specified in Section 3.40.040.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

The city shall give preference to businesses located in the city ("local businesses") when the difference between the bids from Calabasas businesses and those outside the city is less than the current sales tax benefit the city would receive from the local sales tax and the local business will be able to provide goods or services which are equal in quality to those of other competing bidders and meet all bid specifications.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010)

When the informal bid procedure is required, purchases shall be made in compliance with the following:

A. The city shall specifically identify the goods and/or services it wishes to purchase and submit that description to enough providers so it receives informal bids from at least three different providers.

B. Informal bids received must be documented in writing by mail or electronic mail and retained by the department head as required by the approved document retention schedule.

C. Unless otherwise provided by any existing law, rule, regulation, or policy, the purchase of supplies, equipment and non-professional services shall be awarded to the provider giving the lowest responsive quote based on the criteria set forth in Section 3.40.081.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

When the formal bid procedure is required, purchases shall be made following compliance with the following:

A. Notice Inviting Bids. Notices inviting sealed bids shall include: 1) a general description of the articles and/or services to be purchased; 2) where bid forms and specifications may be obtained, which may be online through the city's online vendor portal; 3) the date, time and place for the bidders' pre-bid conference, if any, and for the submission of sealed bids; and 4) any other information which the department head conducting the procurement deems useful. For purposes of this chapter, a bid shall be considered "sealed" until such time as it is opened and tabulated by the city.

B. Published Notice. Notice inviting bids shall be published at least once in a newspaper of general circulation published in the city at least five days before the time for opening received bids, or if there is none, posted in at least three public places in the city designated by the city clerk for posting public notices or posted online to a website approved by the city clerk. The publishing of the notice inviting bids in a newspaper may be either in hardcopy or on the newspaper's website.

C. Bidder's Security:

1. When deemed necessary or appropriate, as with public works projects, the purchasing officer may require a bidding vendor to submit a bid security in any of the following forms:

a. Cash;

b. A cashier's check made payable to the city;

c. A certified check made payable to the city;

d. A bidder's bond executed by a surety insurer admitted to do business in California, made payable to the city. A bidder's bond may be submitted by mail or by electronic bond (e-bond).

2. Any requirement for bid security must be included in the public notice inviting bids.

3. The security shall be in an amount equal to at least ten (10) percent of the bid amount.

4. A vendor shall forfeit its bid security upon its refusal or failure to perform pursuant to the terms of its contract with the city within twenty (20) days after notice of award of contract or such lesser period specified in the notice inviting bids.

D. Failure to Perform:

1. Upon refusal or failure of the lowest successful bidder to execute or perform the contract pursuant to its terms, the officer or agency of the city authorized to award the contract may award it to the next lowest responsible bidder.

2. If the officer or agency of the city authorized to award the contract awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

E. Bid Opening Procedure:

1. Sealed bids shall be submitted to the city in the manner described in the invitation for bids.

2. At the time specified in the notice inviting bids or request for proposals, all bids or proposals timely received shall be opened and declared publicly, either in person or through the city's online vendor portal website.

3. The purchasing officer shall compile and tabulate all bids or proposals timely received and refer them to the appropriate city department for evaluation.

F. Rejection of Bids. The officer or agency of the city authorized to award the contract may reject any and all bids and require the purchasing officer or department head to rebid the purchase.

G. Award of Contracts. The officer or agency of the city authorized by Section 3.40.040 of this code to do so shall award contracts based on the requirements of Section 3.40.081 and the solicitation document.

H. Tie Bids. If two of more bids are submitted in the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the officer or agency of the city authorized to award the contract may accept either bid.

I. No Bids Received. If no bids are received following compliance with the requirements of this section, the officer or agency of the city authorized to award the contract may procure the requested supplies, equipment, or services without further compliance with this chapter.

J. Performance Bonds:

1. The purchasing officer may require a performance bond in such amount as may be reasonably necessary to ensure performance before entering into any contract.

2. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

Unless all bids are rejected as provided in this chapter, city contracts, except for contracts resulting from a request for proposals or request for qualifications, shall be awarded to the lowest responsible bidder who is responsive to the solicitation. Bidders who fail to meet the requirements of the solicitation may be deemed not responsive and their bid may be rejected by the city. Additionally, the city reserves the right to waive any informality. In determining the successful bidder, the city may consider all of the following criteria that are relevant to the solicitation:

A. Price.

B. Whether supplies, materials, equipment, or services offered conform to the requirements of the solicitation and any specifications included in the solicitation.

C. The quality of the material(s) or service(s) offered.

D. The ability, capacity and skill of the bidder to perform or provide the materials or services as required.

E. The capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference.

F. The sufficiency of the bidder's financial resources and financial responsibility of the bidder.

G. The character, integrity, reputation, judgment, training, experience and efficiency of the bidder.

H. The ability of the bidder to provide such future maintenance or service, repair, and parts, as may be needed.

I. The bidder's prior record of performance on other contracts or projects, including timely completion of performance, quality of products and work provided, and completion of projects within the bid amount submitted.

J. The bidder's involvement in prior or current litigation or contract disputes that could impair satisfactory performance of the contract to be awarded.

K. Whether the bidder has been suspended or debarred from contracting with another government agency.

L. The bidder's history of noncompliance with occupational safety and health requirements, labor statutes and regulations, and other local, state, and federal laws.

Contracts awarded for professional services shall be awarded to the most qualified provider proposing to provide the services whose price is fair and reasonable. Contracts for general services may either be awarded to the lowest responsive and responsible provider, or where appropriate, the provider whose proposal represents the overall best value to the city, based on consideration of the criteria set forth in this section and other relevant criteria.

(Ord. No. 2025-418, § 2, 11-12-2025)

A. Prior to submitting a purchase request, the requesting department shall conduct a survey of available sources to determine whether there is only one source capable of competently and efficiently providing the required supplies, equipment or service.

B. If it is determined that there is only a single source for the purchasing of a particular item or service, the requesting department shall prepare a waiver of bid and submit it to the purchasing officer.

C. If it is determined that there is only a single source for the purchasing of a particular item or service, upon review and approval of the request by the purchasing officer and the city manager, the contract may be awarded to the sole source vendor without competition. In this case, the purchasing officer or authorized designee shall conduct negotiations, as appropriate, as to price, delivery, and terms.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010)

A. The city manager shall make, or authorize others to make, emergency purchases of supplies, equipment or services during a declared state of emergency for amounts less than or equal to two hundred thousand dollars ($200,000.00); provided that such emergency purchases shall be made with such competition as is practicable under the circumstances. Purchases for amounts greater than two hundred thousand dollars ($200,000.00) must be approved by the city council.

B. When making an emergency purchase, the requesting department shall complete a waiver of bid form and submit it to the purchasing officer.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

A. Purchases of twenty-five thousand dollars ($25,000.00) or less.

B. Single source purchases in accordance with Section 3.40.090 of this code.

C. Emergency purchases in accordance with Section 3.40.100 of this code.

D. Intergovernmental orders by which the city has contracted with another governmental entity to purchase particular supplies, equipment or services.

E. Purchases of professional services or other services in accordance with Section 3.40.050 of this code.

F. Piggyback or cooperative agreements which utilize the purchasing contracts or agreements established by another governmental entity or cooperative purchasing organization.

(Ord. 2008-242 § 1, Attach. A (part), 2008: Ord. 2005-204 § 1, Attach. A (part), 2005: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2010-273, § 1(Att. A), 4-28-2010; Ord. No. 2025-418, § 1, 11-12-2025)

The city is authorized to use electronic bidding platforms, digital signatures, and contract lifecycle management systems for procurement-related activities in compliance with all applicable laws.

(Ord. No. 2025-418, § 2, 11-12-2025)

The city may establish pre-qualified lists of vendors for recurring services. Bench lists shall be established through periodic solicitations and used for task-based awards.

(Ord. No. 2025-418, § 2, 11-12-2025)

All personnel engaged in procurement shall disclose any potential conflicts of interest. Vendors shall be required to certify that no conflict exists. All actions must comply with ethics regulations adopted by the city and the California Fair Political Practices Commission, or its successor agency.

(Ord. No. 2025-418, § 2, 11-12-2025)