pages: OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2014-11-18.pdf, 18
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil | 2014-11-18 | Concurrent Meeting of the Oakland Meeting Minutes - DRAFT November 18, 2014 Redevelopment Successor Agency and the City Council undertaking organized for economic gain. b. "City Officer" shall mean the Mayor, City Council Members, City Administrator, City Attorney, City Auditor, City Controller, the head of any City department, and any person appointed as the chief executive officer under a City board or commission. c. "City Board or Commission: shall include the Children's Fund Planning & Oversight Commission, the Housing Authority, the Housing, Residential Rent & Relocation Board, the Planning Commission, the Port Commission, the Public Ethics Commission, the Police and Fire Retirement Board, and any other City board or commission with decision making authority beyond merely the making of recommendations. d. "Contract" means any agreement other than a grant or an agreement for employment in exchange for payment or benefits. e. "Subcontract" means a contract to perform any work for a primary contractor that has an agreement with the City. 2. Exceptions. This Subsection D shall not apply to the following contracts or subcontracts: a. A contract or subcontract with a 501(c)(3) nonprofit organization; b. A contract or subcontract with a business with which a City Officer or member of a City Board or Commission, as defined in this subsection, is affiliated unless the City Officer or Board or Commission member exercises management and control over the business. A member exercises management and control if he or she is: i. An officer or director of a corporation; ii. A majority shareholder of a closely held corporation; iii. A shareholder with more than five percent beneficial interest in a publicly traded corporation; iv. A general partner or limited partner with more than 20 percent beneficial interest in the partnership; or v. A general partner regardless of percentage of beneficial interest and who occupies a position of, or exercises management or control of the business; c. A contract or subcontract entered into before a member of a board or commission commenced his or her service; d. An agreement to provide property, goods or services to the City and County at substantially below fair market value; or e. A settlement agreement resolving a claim or other legal dispute. 3. Waiver. The Ethics Commission may waive the prohibitions in this Subsection VI(D) for any City Officer or member of a City Board or Commission, as defined in this subsection, who, by law, must be appointed to represent any profession, trade, business, union or association. 4. Limitation. Failure of a City Officer or member of a City Board or Commission, as defined in this subsection to comply with this Subsection VI(D) shall not be grounds for invalidating any contract with the City. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - Reid City of Oakland Page 18 Printed on 12/11/2014 | 18 | OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2014-11-18.pdf |