§ 2-427. Competitive negotiation.

(a) The city manager or his designee shall negotiate a contract with the most qualified firm for professional services at compensation which the city manager determines is fair, competitive and reasonable.

(1) To assist the city manager in making such determination, the agency shall conduct a detailed analysis of the cost of professional services required in addition to considering their scope and complexity.

(2) For any lump-sum or cost-plus-fixed-fee professional services contract over the threshold amount for Category Four (one hundred ninety-five thousand dollars ($195,000.00)), the agency shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. Any contract under which such certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract.

(b) If the city manager or his designee is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the city manager determines to be fair, competitive, and reasonable, negotiations with that firm shall be formally terminated. The city manager or his designee shall then undertake negotiations with the second most qualified firm; failing accord with the second most qualified firm, negotiations with that firm shall be formally terminated. The city manager or his designee shall then undertake negotiations with the third most qualified firm.

(c) If the city manager or his designee is unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification, and the city manager or his designee shall continue negotiations in accordance with this section until an agreement is reached.

(d) All negotiations shall be formally documented in writing. A copy of said written documentation shall be forwarded to the city clerk for addition to the official records of the city and retention in accordance with the requirements of section 2-481

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)