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X60 Resolution 2004 -032, accepting the proposal of Freese and Nichols, Inc., for professional services related to the performance of a Water System Vulnerability Assessment pursuant to the requirements of the Public Health Security and Bioterrorism Response Act, authorizing the execution of a Professional Service Contract with Freese and Nichols, Inc., for such study, subject to the negotiation of an acceptable fee, was presented. Mayor Fendley asked if this was an expansion of the study by Freese and Nichols, last month. Councilwoman Neeley remembered this was something the Council voted to do in December that they had to spend money on. City Engineer Napier agreed that it was another unfunded mandate. Councilwoman Neeley questioned if this had not already been voted on. Mr. Napier explained that the Council had voted to allow them to go out and get proposals. He and Herb Campbell, Director of Utilities, looked them over and selected Freese and Nichols as the best proposal because Freese and Nichols have done the majority of Vulnerability Assessments throughout the State of Texas. City Engineer Napier continued that there was a Vulnerability Self- Assessment Test and they were going to get with Freese and Nichols to help them do this, which is probably the most economical route. He indicated that Freese and Nichols fee is Around $1.00 per population, which would make it between $25,000.00 and $30,000.00, but they were going to try and negotiate and. get it somewhere around $15,000.00. Councilman Bell questioned if the other proposals were something they needed to look at and if this was done by bid process. City Manager Malone explained there is no going out for bids for professional services. Councilman Bell asked if the Council authorizes this, then would the City negotiate the contract amount, depending on what the City could afford and what needed to be done. City Engineer Napier said that was correct. City Attorney Schenk explained this resolution will authorize Mr. Napier to negotiate the fee and if he is not satisfied .or is. not successful in negotiating a fee which is fair and reasonable, then he can go to the next qualified company. A motion was made by Councilman Guest to approve the resolution. It was seconded by Councilwoman Neeley and carried 7 ayes, 0 nays.