§ 2-247. Emergency negotiation.

(a)

When there exists a danger to the public health, safety, or welfare, or a danger of other substantial loss to the county which requires emergency action for a proposed design-build project the total cost of which is reasonably estimated to be ten thousand dollars ($10,000.00) or less, the county manager may declare an emergency and negotiate with the best qualified design-build firm available at that time, notwithstanding any other provision of this division to the contrary.

(b)

When there exists a danger to the public health, safety or welfare, or a danger of other substantive loss to the county which requires emergency action for a proposed design-build project estimated to be more than ten thousand dollars ($10,000.00), the board of county commissioners may declare an emergency and authorize the county manager to negotiate. Prior to the initiation of negotiation, the county manager shall give first consideration to design-build firms which have previously been deemed by the county to be qualified for a design-build project pursuant to section 2-245. Design-build firms not previously qualified by the county pursuant to section 2-245 may thereafter be considered.

(c)

The county manager, or a designee, shall negotiate a contract for design-build services for the project with an available design-build firm which is more qualified, at compensation determined to be fair, competitive, and reasonable, subject to the requirements of the existing emergency. In making the determination, the county manager, or a designee, shall analyze the cost of the design-build services required, giving full consideration to the scope and complexity of the project, and the requirements of the existing emergency. The compensation shall be on a guaranteed basis for all costs, which shall include reimbursable costs, plus fixed lump sum fees for design, project management, overhead, and profit.

(d)

The negotiated contract shall be presented to the board of county commissioners for approval.

(Ord. No. 1990-17, § 7, 5-18-90)