07 Staff Report.Emergency Procurement Policy
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2023 ITEM NO: 7
DATE: November 29, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt the Emergency Procurement Policy as Recommended by the Policy
Committee
RECOMMENDATION:
Adopt the Emergency Procurement Policy (Attachment 1) as recommended by the Policy
Committee.
BACKGROUND:
At its August 22, 2023 meeting, the Policy Committee identified the Emergency Procurement
Policy as one of its priority 2023 work plan items.
Public Contract Code Section 1102 defines “emergency” as “a sudden, unexpected occurrence
that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the
loss or impairment of life, health, property, or essential public services.” Town Council Policy 4-
06: Purchasing Policy uses this definition and provides that the Director of Emergency
Services/Town Manager or their designee determines when a situation meets this definition.
Town Council Policy 4-06 also references an “Emergency Procurement Policy” that does not yet
exist and this proposed Emergency Procurement Policy would remedy this discrepancy.
DISCUSSION:
The Emergency Procurement Policy (Policy) has been drafted to allow the Town additional
flexibility in procurement in the event of an emergency in alignment with State and Federal
regulations. By ensuring that State and Federal regulations are followed, it also ensures that
the Town’s procurements during an emergency will be eligible for State and/or Federal
reimbursement when applicable.
PAGE 2 OF 2 SUBJECT: Emergency Procurement Policy DATE: November 20, 2023
DISCUSSION (continued):
At its November 28, 2023 meeting, the Policy Committee unanimously recommended that
Council approve the Policy. There was no public comment at the meeting.
Should the Policy be adopted by Council, staff would then finalize an administrative procedure
to ensure all applicable local, State, and Federal emergency procurement laws are followed in
accordance with the Policy.
CONCLUSION:
Staff recommends that the Town Council to adopt the proposed Policy (Attachment 1).
COORDINATION:
This report was coordinated with the Town Manager’s Office, Town Attorney, and Finance
Department.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of this Policy. However, adoption
would ensure that future emergency procurements are compliant and eligible for State and
Federal reimbursement when applicable.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Emergency Procurement Policy