Resolution 1999-216
16D
RESOLUTION NO. 99- 216
RESOLUTION CREATING FORMAL POLICY GOVERNING THE
INTERACTION BETWEEN PROFESSIONAL CONSULTANTS AND COUNTY
OFFICIALS
WHEREAS, Section 287055, F.S., otherwise known as "The Consultani's
Competitive Negotiation Act" sets forth both general and specinc requirements
for the selection of and negotiation with professional consultants as defined
under said statute; and
WHEREAS, Collier County Ordinance 87-25 provides for the establishment
of a purchaSing policy to govern all aspects of purchaSing administration, and
WHEREAS, Collier County Resolulion 95-353 as amended by Resolution
97.435 includes the Board's prevailng purchasing policy; and
WHEREAS, The Collier County Board of County Commissioners and its
appointed staff strive to promote open and fair competition among professional
consultants seeking to do business with the County in a manner consislent with
Section 287.055. F.S. and the Board's purchasing policy;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that this resolution and
the attached policy governing the interaction between professional consultanls
and County officials be adopted after motion, second and maJority vote, faVOring
same.
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DATE: 1-';)/)..
, 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A TTES T:
DWIGHT E. BROCK, Clerk
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By; - ~-ikf~I".I'-n/~"':""-".of'~"" .... ,
Maureen Kan~on, Oeputy Clerk
\ 4t'tUt I,t t" (~l!.~C!(j s
SlCnHure c':.I.
APPROVED AS TO FORM AND
LEGAL SUFFiCIENCY:
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By ____.____.__ ._________
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Pamela S. MacXle, Chairwoman
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By:
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DaVid C. Weigel, County Attorney
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INTERACTION BETWEEN CONSULTANTS AND COUNTY OFFICIALS
/) PURPOSE. The purpose of this policy is to establish standards and rules governing
the interaction between consultants and officials representing and slaff employed bv
the Board of County Commissioners agency for Collier County, Floroea It IS the
intent of this policy to accomplish the following key objectives:
<I. Promote open and proper communication between consultants .Jne county
personnel: and
b. Protect the integrity, fairness and openness of the County s con:;uilanl S"it".;:i'"
and negotiation processes.
II) DEFINIT/ON OF TERMS. The fcllo\'.'ing terms are hereby defined 'c;r :~'e Durj:c:.':
of this policy:
a, "Consultant". Refers to an individual or firm who provides (or sr,,,~.S to provlr;"
professional design and/or study services under the pur-lie", 01 S,":I:cn 2E, ',';:;.
F.S., other.vise kno','/n as "U-:e Ccr,s;..Ji:ant"s Competi~i'.re r.~'G;;::,:;:.:. P, :;,,:~:"
b. "Staff member", Refers to €:7:;::O~if;tS of Collier Ccuntj .....r,c ~'=;..":; ~:'~r::.::;..
participate in the selection of a c:::nsultant as defined hereir
c "Elected official", Refers to an indi'Jldual who holdS office CIS ~ C;UC!'/
Commissioner for Collier County.
d, "The Pre"solicitation Phase". Refers to the periOd of time prior :c :~E f:::rr-c,ci
announcement of the County's desire to receive proposals for c~r.sultlng
services.
e. "The Publication Phase", Refers to Ihe period of time commenr;,ng u:::on feu',;;!
announcement of the County's desire 10 receive proposals for consulllng
ser,ices and ending cn the ;:u~lished closing date ane time fsr '~:8:'Jlng
proposals.
f. "The Evaluation Phase". Refers to the period of time commenCing Immediately
after the closing date and time for receipt of proposals nnd endln'1 wllh Ih~
announcement of the selection committee recommendation.
g, "The Award Phase", Refers to the periOd of time commencing '/11th the tormal
announcement of the selection committee recommendation and ending with the
selection of the top three firms by the Board of County Commissioners.
h. "The Contract Negotiation Phase". Refers 10 the period of lime s,mr-1'?ncing
after selection of the top three firms and ending with the execution of a formul
agreement for consulting ser-;ices.
i. "The Post-Negotiation Phase". Refers to the period of time sulJse~uent to
execution of a formal agreement for consulting services.
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j. "The Committee Recommendation" refers to the Selection Cor.lmittcc
recommendation issued at the end of the eViJluat/on phase
k.'j'he Award Recommendation" refers to the executive sumrr,il~' ;;;:;ckiJgc
submitted and scheduled for the Board of County Commission,'rs' fl,gend;l
package during the Award Phase.
III) INTERACTION REGARDING A SPECIFIC PROJECT-Corl TRAe T OPPOR 1 I)/-I/ r 'y'
a, The Pre-solicitation Phase, Prior to soliciting, consultiJnts ar.: :,ct:l pcrmlt!''':'H11!
encouraged to contact staff members regardmg project.relatf'C': Information.
particularly those projects and other contract opportunities iccntlfied In Ti1,.' Frs:
Word newsletter in advance of the Publication Phase.
t The Publication Phase Once an RF:;J for a civen prOIE:ct hos i>.';~ ISSUC:I!
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c:::nsultants are to direct their mct;irles regarding the preject te t~!; f.JCrsorH"
identified in the RFP as the appro;:r:ate contact(sl. Should the R:=? fiJi! to ,":e!ri',
soecifya contact person(s), consultants shall contact the PurC~i1slng DerJ:1rim"ll1
fcr clarification.
c. The Evalua/ion Phase. During this phase, consultants sl1all Clre<;t aIl1ll(;uIi":s to
the PurchaSing Department. Consultants are permitted to attend selection
committee meetings. cut are not ;)ermitted to ;;articipate in the ri.ceting uni':s';
asked to do so by the committee Within one workmg da;1 of the formulation of
the committee recommencaticn, the tL,;yer shall pest the rec::mmenCJticn :n the-
lobby of the General Services BuildlOg, on the Ccuntis web Site and mJil ;] hard
copy to the participating consulting firms,
d. The A.'lard Phase. Consultants wltn Guestions concerning tr,(' ccmmitlee
recommendation should contact the Purchasing Department Consultants ',';hn
,,,ish to review the RFP/Committee file may do so at this time. Prior to
presentation of the award recommendation to the Board of Countv
Commissioners, the Purchasing Department shall post the award
recommendation pursuant to the re<;uirements of the Board's purchasing policy.
Consultants can verify the status of an award by checking the posting notices in
the lobby of the General Services Building, by searching the posting notices on
the County's web site or by contacting the Purchasing Depar'ment by telephone
Consultants desiring to protest the award recommendation shall file a notice of
intent to protest with the Purchasing Department in a manner pursuant to the
County's purchasing policy,
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e, The Contract Negctiation Phase. Consultants Silould cireet "~,:;ulr;es to tile
Purchasing Dep;:lrtment during this pericd.
f. The Fest-Negotiation Phase, Consulta~ts seeking construct,'. e :;;""ctJack
regarding the selectien process for the purpose of Improvinc: '~::.;r;; ;:rOfJr):;:,I'., Ie
the Ceunty are encouraged to contact the Purchasing Dep2r;'--,er:t at thiS ph;]~e
ConSL:ltants desiri~g to speak to individual committee memt:'2rs r'2'::arding IIl':1r
proposal may make a formal request to the Purchasing:G,c~,;:~: S,;rjicw; I PI~S i
Director to do so. Howe'jer, the PGS Director shall reser:,: :;':? 'c;;J: to (jl:::iI~';'
this request on behalf of the County should circumsl;:lrlCI:S c';:=:~ :e be Ie
contrary to the best interests of the Ccunty.
g. Con:ac: \'Iilh Elected Officials. Unless cther.-/lse S"8c:fi,,t; :f': :> :::':;::,
ConSL:ltants are only permitted to contact or address electec ,: '::c:als rega"~Ir"; ;]
giver; project. solicitation or contr.Jct cunng the following st;;~:." :f :ne CCI";U;:,;'::
selection process;
I. T~s o~e-Scljc:~3::C;j P12se.
2. TMe Post-Negotiation Phase.
3. T,~e public presentation portion of the A.....ard PhilSr:
COi':'1~erJcing '/lith the Publication Phase a~.j effecti'je thrcu~:' :,~e Ccn,r;;c
NegOllatlon Phase, Consultants shall not be permittee to dis:~ss the soliC:,,,,::n.
prOJect or agreement with elected officials. <:;'cept whee ..rc', 'ce'; for her':,;]
Insteac, consultants shall ilmlt Interactions COncerning the sc,c;:a:'on to Ih"
par:ies named uncer the appropriate subsections cf Section ~i: :f :hl~; pollc/
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