Inyo County Municipal Code Ch. 15.48 Consultant Selection Procedure

Consultants may be used to prepare environmental studies, including initial studies, negative declarations, mitigated negative declarations, EIRs, mitigation monitoring programs, or any related study. The county shall independently review all environmental studies prepared by consultants. The goal of the following procedures is to ensure the quality and objectivity of the environmental studies and assist staff in a fair and efficient consultant selection process.

(Ord. 957 § 1, 1995)

The county may decide to use a consultant for any aspect of the environmental process. In selecting a consultant for a particular project, the county shall first decide how broad the list of consultants should be for initial consideration, how many proposals it is prepared to consider, and how formal these proposals must be. The decision shall normally depend on the complexity of the project and the amount of time available for the selection process. Three general procedures may be employed:

A. Single-source procurement;

B. Selection from a list of prequalified consultants; and

C. Selection based on responses to a request for proposals (RFP).

(Ord. 957 § 1, 1995)

The planning department shall maintain a list of qualified and interested consultants that prepare EIRs and related environmental documents. Applicants shall be asked to identify any additional consultants they believe are qualified to prepare needed environmental services and to identify consultants on said list with whom they have had previous experience and the nature of the experience. Applicants may request that a consultant(s) be added to the list. Staff shall evaluate the added consultant(s) in the same manner as other consultants.

(Ord. 957 § 1, 1995)

A. With this approach the county shall contact only one consultant for a given project or retain the same consultant on an ongoing basis. This process allows the county to develop and maintain a long-standing and satisfactory relationship with a consultant that is familiar with issues specific to the county and county procedures. Single-source procurement may be used when:

1. A consultant is already under contract that is familiar with the project, is capable of handling the work, and has a solid record of satisfactory performance;

2. A highly specialized consultant is needed;

3. There is not sufficient time to use a formal selection procedure;

4. Significant cost savings can be achieved by using a consultant that is already familiar with the project, the staff or county procedures.

B. If single-source procurement is chosen, the county shall document its reasons for doing so in writing and shall place the information in the project file.

(Ord. 957 § 1, 1995)

This procedure involves selection from a list of consultants whose qualifications are known to the county prior to selection. This approach shall include the following steps:

A. A group of three to five consultants shall be selected from a list of firms used previously or referred by other agencies.

B. The consultants shall be contacted to ascertain their interest and availability.

C. Interested consultants shall be asked to submit an initial proposal describing how they would approach the project or problem. Responding firms may be asked to provide preliminary work plans or cost estimates.

D. Initial proposals shall be presented and discussed in an interview situation. A selection shall be made based on criteria such as experience, education, creativity, problem-solving abilities, availability, competence, recommendations and response to schedule.

E. The selected consultant shall be asked to submit a detailed work plan and cost estimate.

F. Either a contract is executed with this consultant or, if the proposal is unsatisfactory and no compromise can be reached through negotiation, the next candidate on the list shall be invited to submit a detailed proposal.

(Ord. 957 § 1, 1995)

A. This system shall generally be used for large projects with consultant budgets of twenty-five thousand dollars or more. An RFP shall be sent to a minimum of five consultants. The county may hold a presubmittal conference to ensure that all respondents have a thorough understanding of the project. Consultants shall be asked to prepare a detailed written work program describing their proposed approach to completing the environmental study.

B. A work program shall include the following information. The environmental consultant is encouraged to include any additional items deemed desirable or necessary.

1. Approach and Work Plan. The consultant shall describe an overall approach to the study, specific techniques to be used, and specific expertise that would be employed, including a discussion of data need and sources, analytical methodologies to be used in conducting any research and any expected research products. The work program shall clearly indicate that the consultant will cover all matters specified in the county's scope of work. The county's scope of work shall be incorporated by reference.

2. Schedule. A section shall be included detailing the scheduling of the various work items described in the work program. The schedule shall indicate (in weeks) when work will begin on major sections and when completed, and the proposed time periods for county review of administrative draft documents. The consultants shall assume that at least one iteration of administrative draft documents will be required and that a meeting with county staff to review comments on the administrative draft document may be necessary, depending on county staff recommendations.

3. Staffing. The lead personnel and any other personnel to be actually employed in the study shall be named. A project manager for the project shall be designated. The scope shall include a statement that substitution of the project manager must receive prior written approval of the county. A list of subcontractors that will be used and their specific responsibilities, qualifications, tasks, schedules and hours shall be included in the proposal. The specific effort to be contributed by each of the key personnel and subconsultants, including a careful estimate of the number of hours each will contribute, shall be described. Person(s) who will attend any public meetings or hearings shall be identified.

4. Qualifications. The work program shall include the consultant's qualifications and a list of relevant experience. A brief resume of each person working on the project shall be included.

5. Relationship with Applicant. The work program shall contain a statement as to what contractual or other arrangements, if any, exist between the consultant firm and the applicant, or if the firm has any financial interest in the subject property or property in Inyo County or within one mile of the boundary of Inyo County, or has any financial interest in any firm employed by the project applicant.

(Ord. 957 § 1, 1995)

The planning director shall identify a selection committee of county staff to evaluate all proposals on the basis of predetermined criteria. These criteria shall include understanding of the project and its impacts, qualifications of the consultant (with special emphasis on the proposed project manager), demonstrated experience of the firm, availability of key staff, and cost. At the discretion of the planning director, an applicant may be invited to sit in on the interview process; however, an applicant shall not be a voting member of the selection committee.

(Ord. 957 § 1, 1995)

The county shall enter into separate two-party contracts, one with the applicant, and one with the consultant to prepare the environmental documents. The work program submitted by the selected consultant shall become an appendix to the contracts.

(Ord. 957 § 1, 1995)

County staff need not be present during discussions regarding verification of material already received, obtaining of additional factual information, or inquiries concerning details of the project. County staff shall be present for any discussion that goes beyond the foregoing, especially regarding what information shall or shall not be included in a document.

(Ord. 957 § 1, 1995)

The applicant shall be responsible for paying all costs related to the consultant preparation and county independent review of documents. Before the county signs a contract with a consultant to prepare an environmental document, the applicant shall pay the county the estimated costs of preparing the document(s) plus the fee to cover minimum county review costs.

(Ord. 957 § 1, 1995)