In accordance with the provisions of ORS 279A.025, the city’s public contracting regulations and the state’s Public Contracting Code do not apply to the following classes of contracts.
   (A)   Between governments. Contracts between the city and a public body or agency of the state, its political subdivision and/or an agency of the Federal Government are exempt.
   (B)   Grants. Grant contracts are exempt. As used herein, a grant contract is a contract pursuant to which the city provides or receives funds for a particular purpose, including the construction of a public improvement.
   (C)   Legal witnesses and consultants. Contracts for professional expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters to which the city is or may become interested are exempt.
   (D)   Real property. Acquisitions or disposals of real property or interests therein are exempt.
   (E)   State corrections enterprises. Procurement for a state corrections enterprises program are exempt.
   (F)   Finance. Contracts, agreements or other documents entered into, issued or established in connection with the following are exempt:
      (1)   The incurring of debt by the city, including any associated contracts, obligations or other documents, regardless of whether the obligations that the contracts, agreements or other documents established are general, special or limited;
      (2)   The making of program loans and similar extensions or advances of funds, aid or assistance by the city to a public or private person for the purpose of carrying out, promoting or sustaining activities or programs authorized by law other than for the construction of public works or public improvements;
      (3)   The investment of funds by the city as authorized by law; and/or
      (4)   Banking, money management or other predominantly financial transactions of the city that by their character, cannot practically be established under the competitive contractor selection procedures.
   (G)   Employee benefits. Contracts for employee benefits as provided in ORS 243.105(1), 243.125(4) 243.221,243.275, 243.291,243.303 and 243.565 are exempt.
   (H)   Exempt under state law. Any other public contracting or contracts specifically exempted for the state’s Public Contracting Code by state law are exempt.
   (I)   When federal law controls. When federal law applied to a contracting matter, due to use of federal funds or other cause, and federal contracting procedures or requirements, imposed by federal statutes and regulations, are in conflict with the state’s Public Contracting Code, the matter is exempt from said contracting code to the extent necessary to permit compliance with the requirements of federal law.
(Ord. 2010-01, passed 7-1-2010)