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A for the required supply, brand, service, or construction item capable of fulfilling the needs of • the City. The City Manager or purchasing agent shall conduct negotiations, as appropriate, as to price, delivery, and terms. A record of sole source procurements shall be available as a public record and shall identify each purchase order and/or contract. G. Exempt contractual services and products. Other exempt contractual services and products not subject to the competitive procurement requirements of this Code are listed as follows: (1) Academic program reviews or lectures or seminars by individuals. (2) Artistic services which are original and creative in character and skill in a recognized field of artistic endeavor such as music, dance, drama, painting, sculpture and the like. However, contracts for artistic instructors, coaches and assistants are deemed contractual services subject to the requirements of competitive procurement. (3) Performing artists and entertainers as approved by the City Manager/purchasing agent when deemed in the City's best interests, for the benefit of the citizens of Sunny Isles Beach and the general public at any City function. (4) Advertising. (5) Utilities, including but not limited to, electric, water and telephone. (6) Items purchased for resale to the public. H. Competitive proposals shall not be required when a purchase is made for materials, equipment, prefabricated elements and components, appliances, fixtures and supplies, bought Under a sales tax saving procedure constituting part of a construction project award, which construction contract has been awarded in accordance with this chapter. § 62-14. Contract administration. A. A contract administration system designed to ensure that a bidder/offeror/contractor is performing in accordance with the solicitation under which a contract was awarded and the terms and conditions of the contract shall be maintained by the City Manager. B. All determinations and other written records pertaining to the solicitation, award or performance of a contract shall be maintained for the City in a contract file by the City Manager and be retained and disposed of in accordance with the records retention guidelines and schedules approved by the City Clerk. §62-15. Protest procedures. This article shall govern any protest made by a participant in any competitive proce I s utilized for the selection of a person or entity in regard to any response to a City request for proposalinvitation to bid and/or request for qualification ("request for proposals"). A. Protest of any City recommendation for an award in response to a request for proposals shall be filed with the City Clerk and mailed by the protesting to all participants in the competitive process within seven days of the City's recommendation for an award or the City's actual award whichever comes first. Such protest shall be in writing, shall state the particular grounds on which it is based, shall include all pertinent documents and evidence and shall be accompanied by a cashier's check in the amount of$250 to reimburse the City for all administrative costs associated with the appeal process. Any grounds not stated shall be deemed waived. B. Protests shall be referred by the City Clerk to the City Attorney who shall select a hearing examiner who shall hold a hearing and submit written findings and recommendations within