1-Variance and Appeal Hearing Officer Bid.docx

WEBER COUNTY SOLICITATION FOR BIDS:

VARIANCE AND APPEAL HEARING OFFICER

I. SUMMARY

Weber County (“County”) is soliciting for bids for a Variance and Appeal Hearing Officer from a Utah licensed attorney experienced in current and historical land use and development law, to act as the County’s Appeal Authority and to specifically preside in a quasi-judicial capacity over hearings for variances from the County’s land use regulations and appeals from final decisions of the land use authority.

II. DESCRIPTION

The County is seeking bids to secure a Variance and Appeal Hearing Officer to hear and decide requests for variances to the County’s land use regulations, appeals from final decisions of the land use authority, and may, at the sole discretion of the County, include appeals from decisions related to business licenses, code enforcement, and the administration of other ordinances or rules of the County. The County is seeking qualified Utah attorneys to fill this position.

The Variance and Appeals Hearing Officer services may include, but are not limited to, anything which is reasonably necessary to the decision-making process, including ruling on matters of subject matter jurisdiction, the sufficiency of a petition, standing, timeliness of claims, summary judgment motions, recusal, and other pre-hearing motions, conducting pre-hearing conferences, hearings, research, reading briefs, exhibits, and other written materials submitted by the parties or their attorneys, issuing evidentiary rulings, and drafting findings, conclusions, rulings, orders, and determinations in a form appropriate for the claims.

Meetings, minutes, and records-keeping will be performed with assistance from county support staff.

When necessary, the Variance and Appeal Hearing Officer may be required to devote up to twelve (12) hours per month, excluding travel, and attend up to two (2) meetings per month. However, the volume of work rarely exceeds one (1) meeting and approximately four (4) hours total time per month, excluding travel time. For example, there were two cases in 2023, but 12 cases in 2025. Each meeting averages approximately two cases.

The Variance and Appeal Hearing Officer shall be paid at an hourly rate, but no more than $250 per hour for preparation, hearing time, researching, and drafting and other duties stated herein. This Variance and Appeal Hearing Officer is a contract position and will not maintain any medical, dental, or retirement benefits or any other benefits from the County. The County’s sole obligation to Variance and Appeal Hearing Officer is to compensate for the work performed pursuant to the terms stated herein and as may be modified, if applicable, in an executed contract.

III. MINIMUM QUALIFICATIONS

The Variance and Appeal Hearing Officer must have the following qualifications. Any bidder who does not meet these qualifications may have their bid rejected without further evaluation.

1. Attorney admitted to practice law and in good standing with the State of Utah.

2. Practicing law for at least 5 years.

3. Ability to understand, interpret, and apply the County Land Use and Development Management Act, Weber County Code, Utah Rules of Civil Procedure, Utah Rules of Evidence, and other applicable rules and ordinances.

4. Ability to draft findings, conclusions, rulings, orders, and determinations.

Additionally, preference will be given to those individuals having prior appeal authority or judicial experience.

IV. TERM

Engagement of these services will be by contract. The term of the engagement period will be from the date of execution for one year, or as may be otherwise negotiated.

V. TERMINATION

Any contract entered into arising out of this solicitation for bids may be terminated with or without cause by either party upon sixty days written notice to the other.

VI. BID SUBMISSION REQUIREMENTS

Bid Submission Date, Time, and Place: Bids shall be submitted via U3P-Bonfire no later than 2:00 p.m. Mountain Standard Time, on 02/12/2026 Bid Form: The bid shall be submitted via U3P-Bonfire. By submitting a bid, the bidder acknowledges and declares that they meet the minimum requirements and are capable of performing the duties listed in Section II of this solicitation for bids.

The submitted bid shall include, at least, the following information:

1. Relevant experience.

2. Education.

3. Years of practice and in what area of the law.

4. Availability to perform hearings and on what designated days of the month (both calendar and actual day).

5. Requested hourly compensation.

6. An actual decision, written by only the bidder, which pertains to a variance, appeal, administrative judicial proceeding, or other similar writing.

Binding Effect of BID: By submitting a bid, bidder agrees to enter into a contract with Weber County based upon the representations in the bid unless, at the County’s sole discretion, County waives or modifies this provision for any reason or no reason.

Interview: After evaluation of the bids has been completed, County may, but is not obligated to, interview finalists. Finalists will be notified of interviews no less than one week prior to the intended interview time.

VII. CRITERIA FOR EVALUATING BIDS

All bids will be evaluated based on legal analysis and writing skills, approach, experience, effectiveness, maintainability, cost, and ability to perform the requested services. Only bids that meet all the requirements in this solicitation for bids will be considered for the position.

VIII. NEGOTIATION

After selection of the final two candidates, if applicable, the County, at its sole discretion, may negotiate with the candidates to come to terms more favorable to the County.

IX. COUNTY DISCRETION

The County reserves the right to reject any or all bids, to waive any informality or technicality in the County’s sole discretion, to cancel, edit, or remove any of the solicitation for bids in whole or in part, or to accept any bid deemed to be in the best interests of the County. If it becomes necessary to revise this solicitation in whole or in part, an addendum will be provided to all timely bidders on record.

X. RISK AND HOLD HARMLESS

Bidders submit their bids at their own risk and expense, including but not limited to, the cost of developing the bid, attendance at any meetings related to the bid, and other costs relating to the bid. The bidder acknowledges that it is not guaranteed any contract. Bidder will hold the County harmless from all liability, loss, damage, or damages arising from or relating to this r solicitation for bids.

XI. RECORDS OF BIDS

All bids submitted are subject to the Governmental Records Access Management Act. Proprietary information must be identified and will be protected to the extent that is legally possible.

XII. EQUAL OPPORTUNITY AND DISCRIMINATION

Weber County is committed to providing equal employment opportunities to all bidders. Weber County complies with all federal and state laws governing nondiscrimination in employment in every location. Any Variance and Appeal Hearing Officer who is hired as an independent contractor but will be bound by all federal and state discrimination laws. Any violation of these laws will be cause for immediate termination of Variance and Appeal Hearing Officer.