Sec. 10.41.3. Exceptions.

   This article shall not be applicable to the following Contracts:

   A.   Contracts for the investment of:

   (1)   City trust moneys or bond proceeds;

   (2)   pension funds;

   (3)   indentures, security enhancement agreements for City tax-exempt and taxable financings;

   (4)   deposits of City surplus funds in financial institutions;

   (5)   the investment of City moneys in securities permitted under the California State Government Code and/or the City's investment policy;

   (6)   investment agreements, whether competitively bid or not;

   (7)   repurchase agreements;

   (8)   City moneys invested in United States government securities; and

   (9)   Contracts involving City moneys in which the Treasurer or the City Administrative Officer finds that the City will incur a financial loss or forego a financial benefit, and which in the opinion of the Treasurer or the City Administrative Officer would violate his or her fiduciary duties.

   B.   Grant funded Contracts if the application of this article would violate or be inconsistent with the terms or conditions of a grant or Contract with an agency of the United States, the State of California or the instruction of an authorized representative of any of those agencies with respect to any grant or Contract.

   C.   Contracts with a governmental entity such as the United States of America, the State of California, a county, city or public agency of one of these entities, or a public or quasi-public corporation located in the United States and declared by law to have a public status.

   D.   Contracts awarded on the basis of exigent circumstances whenever any Awarding Authority finds that the City would suffer a financial loss or that City operations would be adversely impacted unless exempted from the provisions of this article. This finding must be approved by the DAA prior to Contract execution.

   E.   Contracts with any Company that has been designated as a non-profit organization pursuant to the United States Internal Revenue Code Section 501(c)(3).

   F.   Contracts for the furnishing of articles covered by letters patent granted by the government of the United States or where the goods or services are proprietary or only available from a single source.

   G.   Contracts awarded on the basis of urgent necessity in accordance with Charter Section 371(e)(5).

   I.   Contracts entered into pursuant to Charter Section 371(e)(6).

   J.   Contracts entered into pursuant to Charter Section 371(e)(7).

SECTION HISTORY

Added by Ord. No. 175,346, Eff. 8-16-03.