Thousand Oaks Municipal Code Art. 1 Definitions

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 chapter is to emulate best practices in the purchasing procedures.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(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 Code (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 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 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 with 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 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.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

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 prescribed 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;

(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 purchasing 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.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

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 chapter.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(a) Except for departmental purchases as authorized in Sec. 3-10.201(a), purchases under Ten Thousand and no/100th ($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.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

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.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(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.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(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/100th ($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/100th ($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/100th ($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/100th ($50,000.00) Dollars. If the amended contract will exceed Fifty Thousand and no/100th ($50,000.00) Dollars, but be less than One Hundred Thousand and no/100th ($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/100th ($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/100th ($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:

(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) Any Task Order in an amount exceeding One Hundred Thousand and no/100th ($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/100th ($150,000.00) Dollars.

(iv) For projects exceeding One Hundred Fifty Thousand and no/100th ($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 Contracts. 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/100th ($5,000.00) Dollars and over 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 22032(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 contracts 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 have authority to execute such Task Orders for individual projects for an amount of Fifty Thousand and no/100th ($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).

(§ 4, Ord. 1745-NS, eff. January 9, 2026)