In accordance with O.R.S. 279A.025, the city’s public contracting regulations and the Oregon 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 or its political subdivisions, or between the city and an agency of the federal government;
(B) Grants. A grant contract is an agreement under which the city is either a grantee or a grantor of moneys, property, or other assistance, including loans, loan guarantees, credit enhancements, gifts, bequests, commodities, or other assets, for the purpose of supporting or stimulating a program or activity of the grantee and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions. The making or receiving of a grant is not a public contract subject to the Oregon Public Contracting Code; however, any grant made by city for the purpose of constructing a public improvement or public works project shall impose conditions on the grantee that ensure that expenditures of the grant to design or construct the public improvement or public works project are made in accordance with the Oregon Public Contracting Code and these regulations;
(C) Legal witnesses and consultants. Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which the city is or may become interested;
(D) Real property. Acquisitions or disposals of real property or interests in real property;
(E) Textbooks. Contracts for the procurement or distribution of textbooks;
(F) Oregon corrections enterprises. Procurements from an Oregon corrections enterprises program;
(G) Finance. Contracts, agreements, or other documents entered into, issued, or established in connection with:
(1) The incurring of debt by the city, including any associated contracts, agreements, or other documents, regardless of whether the obligations that the contracts, agreements, or other documents establish 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; 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, based upon the findings of the City Council.
(H) Employee benefits. Contracts for employee benefit plans as provided in O.R.S. 243.105(1), 243.125(4), 243.221, 243.275, 243.291, 243.303, and 243.565;
(I) Exempt under state laws. Any other public contracting specifically exempted from the Oregon Public Contracting Code by another provision of law; and
(J) Federal law. Except as otherwise expressly provided in O.R.S. 279C.800 to 279C.870, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of the Oregon Public Contracting Code or these regulations, or require additional conditions in public contracts not authorized by the Oregon Public Contracting Code, being O.R.S. 279A, 279B, and 279C, or these regulations.
(Ord. 610, passed 2-28-2005)