§ 16-070. ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING AND CONSTRUCTION MANAGEMENT FIRMS

If the professional services described in Section 16-060 above, are to be provided by private architectural, landscape architectural, engineering, environmental, land surveying and/or construction project management firms, the contract shall be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. They shall also assure maximum participation of small business firms, as defined by the State Director of General Services pursuant to California Government Code Section 14837. The following procedures have been adopted in accordance with the provisions of California Government Code Section 4526 and shall apply only to those services provided by private architectural, landscape architectural, engineering, environmental, land surveying and construction project management firms.

(a)

Procedures Implementing Selection of Consultants: The procedures herein implement the selection of consultants on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required, by assuring engagement of services on the basis of demonstrated competence and professional qualification for the type of services to be performed and at a fair and reasonable price to the county. The general framework for each such procedure is:

(1)

The Purchasing Agent shall encourage consultants to submit annual statements of qualifications, performance data and fee schedules. This information shall be used to identify those consultants who have the demonstrated competence and professional qualifications necessary for satisfactory performance of the types of services to be performed.

(2)

For each proposed project, the Purchasing Agent shall evaluate current statements of qualifications and performance data on file with the county, together with those that may be submitted by other consultants regarding the proposed project, and shall select therefrom, in order of preference, based upon criteria established by the Purchasing Agent, at least two consultant (if available) deemed to be the most highly qualified to provide the services required. Should fewer than two consultants be available, the Purchasing Agent may select the available consultant.

(3)

Upon selection of the list of consultants, the Purchasing Agent shall negotiate a contract with the best qualified consultant at compensation which the Purchasing Agent or determines to be fair and reasonable to the county. Should the Purchasing Agent be unable to negotiate a satisfactory contract with the consultant considered to be the most qualified at a price the Purchasing Agent determines to be fair and reasonable to the county, negotiations with that consultant shall be formally terminated and the Purchasing Agent shall then undertake negotiations with the second-most qualified consultant, and so on until an agreement is reached. If the aggregate cost does not exceed the amount stated in Section 25502.3 of the California Government Code, the Purchasing Agent may engage independent contractors to perform services for the county and the offices thereof without the approval of the Board of Supervisors. If the aggregate cost is in excess of such amount, the agreement shall be submitted to the Board of Supervisors for approval.

(b)

County employees shall not engage in practices which might result in unlawful activity including, but not limited to, rebates, kickbacks or unlawful consideration. In addition, employees of the County of Sutter shall not participate in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter which would subject those employees to the prohibitions of Sections 1090 and 87100 of the Government Code.