A. Intent. Senate Bill 974, Chapter 832 of Statutes, 2001, added section 1100.7 to the California Public Contract Code, which provides that all provisions of the California Public Contract Code apply to charter cities unless a particular city's charter or ordinances expressly exempt the city from those provisions. In enacting this section, the city specifically declares itself exempt from any and all provisions of the California Public Contract Code except as specified in this section.
B. Declaration of general exemption. The city declares that it is exempt from all provisions of the California Public Contract Code including those provisions specified in subsection C, except for:
1. Those California Public Contract Code provisions that have been judicially declared to be matters of statewide concern in a final appellate court decision;
2. Those provisions specified in subsection D;
3. Those provisions that are specifically and expressly included in and made applicable to the city by a contract;
4. Those provisions that the city specifically and expressly agrees are applicable to the city as a condition to receipt of state funding or a required state approval; and
5. Those provisions that are made expressly applicable to the city by resolution adopted by the city council.
C. Specific exemptions from California Public Contract Code. The city is exempt from the following provisions of the California Public Contract Code:
1. Division 2, part 1, chapter 6, sections 6100 through 6108, inclusive;
2. Section 7102;
3. Section 7103;
4. Section 7104;
5. Section 9203;
6. Division 2, part 2, sections 10100 et seq.;
7. Division 2, part 3, chapter 1, sections 20100 et seq., except as set forth in subsection D;
8. Division 2, part 3, chapter 1.5, sections 20930 et seq.;
9. Division 2, part 3, chapter 2, sections 22000 et seq.;
10. Division 2, part 3, chapter 2.5, sections 22050 et seq.;
11. Division 2, part 3, chapter 3, sections 22101 et seq.
D. Applicable provisions. The city is subject to the following provisions of division 2, part 3, chapter 1 of the California Public Contract Code:
1. Section 20103.5;
2. Section 20103.8;
3. Section 20104.50;
4. Section 20104.70;
5. Article 27;
6. Article 29;
7. Article 30;
8. Article 31;
9. Article 32;
10. Article 54;
11. Article 56;
12. Article 57;
13. Article 58;
14. Article 59. (Ord. 2024-0010 § 6)