SEC. 21.15. EMERGENCY PROCUREMENT PROCEDURES.

(a) Scope. An emergency shall exist:

(1) When a sudden, unforeseeable, and unexpected event necessitates immediate action to prevent or remedy harm or avert imminent danger to the lives or property of the citizens or the property of the City or to maintain public health or welfare;

(2) When necessary Commodities or Services are in scarce supply due to local, national or global shortages in material or labor;

(3) When the City’s ability to ensure continuity of its operations are adversely impacted by an extraordinary condition, including, but not limited to, severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions; war, acts of terrorism, and epidemics; expropriation or condemnation by governmental authorities; and inflationary surges or other disruptions to market conditions; or

(4) When an emergency has been formally declared by the Mayor pursuant to Section 3.100(14) of the Charter.

(b) New Agreements.

(1) Commodities or Services procured pursuant to subsection 21.15(a) may be purchased by the Purchaser or department head in the most expeditious manner necessary to meet the circumstances of the emergency and shall be confirmed by a written contract or purchase order as soon as feasible.

(2) Emergency contracts shall be limited to a length of time deemed reasonable and appropriate by the Purchaser or department head to respond to the emergency.

(3) Emergency contracts shall be exempt from the City’s solicitation requirements and are not subject to the provisions of the Municipal Code, including but not limited to the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictions on contractors, except that the Purchaser or department shall attempt to obtain three Quotations for emergency purchases. Notwithstanding the foregoing sentence, emergency contracts are subject to Chapters 12G and 12M of the Administrative Code and relevant provisions of the Campaign and Governmental Conduct Code.

(4) When a department head contracts directly for Commodities or Services necessary to respond to an emergency, the department head, if the emergency permits, shall secure the written approval of the president of the board or commission concerned, or from the Mayor or the Mayor’s

designee for any department under the Mayor’s jurisdiction, provided that the Mayor’s designee is not also the department head of the department concerned; and for any contract in excess of the Minimum Competitive Amount the department head must obtain the approval of the Board of Supervisors as soon as feasible.

(c) Modification of Existing Agreements. During an emergency as defined by subsection 21.15(a), the Purchaser or department head is authorized to renegotiate existing Commodities and Services contracts to modify commercial terms and conditions, including without limitation scope, duration, price, quantity, and not-to-exceed amount, regardless of originally advertised terms, so as to ensure continuity of operations, including timely delivery or performance of the Commodities and Services purchased. Contract modifications pursuant to this subsection 21.15(c) shall be limited to a length of time deemed reasonable and appropriate by the Purchaser or department head to respond to the emergency. The Purchaser or department head shall enter into a new contract for the Commodities or Services or revert to the original terms of the contract as soon as feasible.

(d) Extensions for Continuity of Operations. When necessitated by the events described in subsection 21.15(a), the Purchaser and departments may extend any existing contract when no other purchasing authority exists, provided such extension is critical to maintaining the continuity of the City’s mission-critical operations and the Purchaser or department, despite diligent efforts, lacks sufficient time or resources to execute a new contract due to the impact of the emergency. Extensions completed pursuant to this subsection 21.15(d) shall be limited to a length of time deemed reasonable and appropriate by the Purchaser or department head to respond to the emergency. The Purchaser or department head shall enter into a new contract for the Commodities or Services as soon as feasible.

(e) Reporting. By July 31 of every fiscal year, each City department shall provide to the Board of Supervisors a list of all contracts and purchase orders issued or amended by the Purchaser or department under subsections 21.15(b), (c), and (d) during the past fiscal year.

(f) Rules and Regulations. The Purchaser shall develop regulations regarding subsections 21.15(c) and (d) within 60 days of enactment of this ordinance to give guidance on ensuring price controls in modifications. This subsection 21.15(f) shall expire by operation of law one year after the effective date of this ordinance. After the expiration, the City Attorney is authorized to cause this Section to be removed from the Administrative Code.

(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; Ord. 147-25, File No. 250509, App. 8/5/2025, Eff. 9/5/2025)