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Regular City Council Meeting Monday, June 08, 2009 Page 24 Councilmember Ihlan spoke in support of the proposed additions; noting that her main concern remained with removal of previous provisions that consulting firms not be engaged for more than two consecutive three year terms; and basing her concern on actual experience in seeking bids for City Attorney and/or City Prose- cutor services and a process discouraging open competition from firms not want- ing to bid against established firms due to their desire to preserve their profes- sional relationships. Acting Mayor Roe noted that he had previously spoken in support of the six years and out provision, based on the concerns expressed by Councilmember Ih- lan. However, he had heard the concerns expressed by others about that provision during the recent City Attorney and Prosecutor contract process, and now ex- pressed support for a process without the six-and-out provision, as long as there was amarket-place point of view and best value approach, and emphasized an open process. Acting City Manager/Finance Director Miller suggested Councilmembers con- sider, under added language to the policy section, that subsequent or extended contracts with the same firm be allowed, since there was a potential for more cost- savings to the City through negotiating a bid extension rather than afull-blown new contract and related expenses to the provider in submitting a new proposal (i.e., CPA firms) and built into the proposal to the City's detriment and increased costs. Further discussion included whether to include flexibility in the policy to allow deviation at the City Council level. City Manager Bill Malinen City Manager Malinen addressed whether to include a monetary threshold for staff to determine when to implement the policy and when administrative discre- tion was sufficient for day-to-day quotes by phone or in writing. Councilmember Pust suggested that the intent of the proposed language was to al- low the City Manager that discretion, rather than adherence to a set threshold, de- pending on economies and market conditions, and under applicable State Statute; with the City Manager using that discretion and providing frequent reporting to the City Council. Acting Mayor Roe noted that there was some precedent in staff using their discre- tion (i.e., building maintenance and auditors); and suggested further consideration and review by Councilmembers to determine if the proposed language addressed the Council's intent. Councilmember Pust noted that the current language did not provide for such specificity either and no problems had become apparent to-date.