(A)   Approved class special contracts. The special procurement set forth in this section, and procedures therefor, are hereby approved under the authority of ORS 279B.085, based upon the contemporaneous findings of the City Council.
   (B)   Award procedure. The classes of contracts set forth in this section may be awarded in any manner which the department head deems appropriate to the city’s needs, including by appointment or purchase. Contracts in excess of $5,000 shall require the approval of the City Council. Except as otherwise provided, the department head shall make a record of the method of award.
   (C)   Description of contract classes. The following classes of contracts are approved for special procurement under the procedures provided herein:
      (1)   Advertising contracts. Contracts for the placing of notice or advertisements in any medium;
      (2)   Amendments. Contract amendments shall not be considered to be separate contracts if made in accordance with the public contracting regulations;
      (3)   Animals. Contracts for the purchase of animals;
      (4)   Copyrighted materials; library materials. Contracts for the acquisition of materials entitled to copyright, including, but not limited to, works of art and design, literature and music or materials even if not entitled to copyright, purchased for use as library materials;
      (5)   Equipment repair. Contracts for equipment repair or overhauling, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing;
      (6)   Government regulated items. Contracts for the purchase of items for which prices or selection of suppliers are regulated by a government authority;
      (7)   Non-owned property. Contracts or arrangements, in compliance with the requirements of law, for the sale or other disposal of abandoned property or other properly not owned by the city;
      (8)   Sponsor agreements. Sponsorship agreements, under which the city receives a gift or donation in exchange for recognition of the donor;
      (9)   Structures. Contracts for the disposal of structures located on city property;
      (10)   Renewals. Contracts that are being renewed according to their terms are not considered to be newly issued contracts and are not subject to competitive procurement procedures;
      (11)   Temporary extensions or renewals. Contracts for a single period of one year or less, for the temporary extension or renewal of an expiring and non-renewable, or recently expired contract, other than a contract for a public improvement;
      (12)   Used property. A department head, for procurement less than $5,000 and City Council, for procurement in excess of $5,000, may contract for the purchase of used property by negotiation if such property is suitable for the city’s needs and can be purchased at a lower cost than substantially similar new property. For this purpose, the cost of used property shall be based upon the life-cycle cost of the property over the period for which the property will be used by the city. A record of the findings which support the purchase will be maintained; and
      (13)   Utilities. Contracts for the purchase of steam, power, heat, water, telecommunication services (if provided under a regulated monopoly) and other utilities.
   (D)   City rule. The provisions of OAR 137-047-0285(2) regarding required public notices shall not be applicable to class special procurements.
   (E)   Protests. Any person may protest a proposed class special procurement at the public hearing before the City Council pertaining to said call special procurement. No judicial review of the approval thereof shall occur if protest is not made.
   (F)   Alternative procurement procedures.
      (1)   The officer administering a procurement or other transaction as a special procurement under this section (or the City Council for transactions in excess of $5,000) shall follow alternative procurement procedures (such as, but not limited to, price quotes, price checks and negotiation):
         (a)   Which are appropriate to the transaction;
         (b)   Which assure full and adequate competition for the contract, when possible;
         (c)   Which are calculated to obtain reasonable and competitive prices; and
         (d)   Which assure that the alternate procurement procedures do not result in favoritism to a particular contractor.
      (2)   The specific procurement procedure shall be determined by the city officer responsible for the procurement, or by the City Council for transactions in excess of $5,000.
(Ord. 2010-01, passed 7-1-2010)