2-SLCI26117.docx

Salt Lake City Corporation Professional Services, No. SLCI26117 Administrative Appeals Officers Citywide

I. PROFESSIONAL SERVICES OVERVIEW

Issued By: Salt Lake City Corporation, Purchasing Division Salt Lake City Corporation (the "City") is soliciting qualifications from qualified offerors to provide administrative appeals services. If you are currently serving as an administrative appeals officer at Salt Lake City Corporation, you do not need to respond to this posting.

The City’s procurement processes, including this competitive solicitation, are governed by Salt Lake City Code Chapter 3.24 and Salt Lake City Administrative Rules for Procurement Article 53-1A.

Issue Date: Date stated in U3P posting

Question Due Date: Date stated in U3P posting

Close Date: Date stated in U3P posting

Purpose of this Solicitation The City is seeking Utah licensed attorneys or individuals with significant administrative hearing experience to serve a minimum 3-year term to oversee appeals of administrative civil citations for violations of city code. This role will generally include conducting appeal hearings, evaluating evidence, interpreting city code and related state laws, and issuing written decisions on appeals.

It is anticipated that this process will result in multiple contract awards to the most qualified responsive and responsible Offerors. It is preferred that an administrative appeals officer have experience as a hearing officer in another local government. It is preferred that the administrative appeals officer be both a licensed Utah attorney in good standing and have administrative appeal experience as a hearing officer as well as strong writing skills and ability to draft findings of fact, conclusions of law, rulings, orders and determinations.

An administrative appeals officer must be appointed by the Mayor with the advice and consent of the City Council. The Mayor may appoint more than one administrative appeals officer, but only one administrative appeals officer must consider and decide upon any matter properly presented for review.

City staff will provide the administrative appeals officer with clerical and administrative support in (1) arranging the time, place, and other logistics of the appeal hearings; (2) sending required written notices to all parties in an appeal; and (3) facilitating administrative communication between all parties. Other than the support listed above, the administrative appeals officer will act separately and independently from the City. The administrative appeals officer will be expected to abide by published city code and procedures for conducting appeal hearings and to observe quasi-judicial rules of conduct, decorum, and due process.

The City cannot predict with certainty the number of matters or the complexity of issues that will be heard by the administrative appeals officer in a given year and does not guarantee any number of hours of work. However, an administrative appeals officer shall make themselves available to attend hearings at least once per month, typically 2-6 hours, and any preparation necessary outside of the hearings. The administrative appeals officer shall be paid an hourly rate for preparation, hearing time, researching, drafting, and other related duties.

The total contract amount shall not exceed $75,000.00 over three (3) years. The administrative appeals officer may charge the City an hourly rate.

Term The contract(s) resulting from this Professional Services will be for three (3) years. City may extend this agreement for additional three (3) year terms, under the same terms and conditions.

Professional Services Contents Professional Services document (this document) Attachment 1: Sample Agreement All responses submitted in response to this Professional Services MUST be emailed to Catherine.Turner@slc.gov.

Response Submission Deadline: The deadline is the date and time listed in U3P.

NO LATE RESPONSES WILL BE ACCEPTED.

II. GENERAL INFORMATION

a. Business Registration with the State of Utah. If operating through a business entity, the business entity of the selected Offeror must be registered with the Utah State Division of Corporations and Commercial Code. Forms and information on how to get registered may be obtained by calling (801) 530-4849 or by accessing www.corporations.utah.gov. The selected Offeror will be required to have its registration completed prior to signing the agreement.

III. RESPONSE SUBMISSION

a. U3P Registration and Submission

i. Registration

It is the Offeror’s responsibility to register for notification to receive any changes, corrections, question/answer documents, and addendums issued for Professional Services documents.

Offeror must complete a one-time registration by providing their company information through Bonfire. Click this link and select “Register” to complete the registration process.

Once registered the Offeror may go to this link: Utah Public Procurement Place (U3P), to search and select any Professional Services project listed, log-in, download the project documents, ask questions, confirm an intent to respond, and respond to solicitations published there. Failure to register and log-in with an intent to respond to a Professional Services constitutes an automatic waiver of Offeror’s right to receive a direct notification of any changes, corrections or addenda for a Professional Services.

ii. Submission

All responses submitted to this Professional Services MUST be submitted via email to Catherine.Turner@slc.gov.

Deadline for submission: The deadline for completing submission, including all uploads is listed in U3P.

b. Submission Content

Email cover sheet and response document as described below to the Catherine.Turner@slc.gov.

DO NOT submit all pages of this Professional Services document with response. Include only the response sections described below:

i. Cover Sheet including the following information:

Company Name: ________________________________________________ Doing business as: [ ] an individual [ ] a partnership [ ] a corporation [ ] a limited liability company (mark appropriate box), duly organized under the laws of the State of _________________.

Name of Authorized Representative:

PRINCIPAL OFFICE ADDRESS:

Telephone:

Email Address:

ii. Minimum Mandatory and Response Requirements

When preparing responses, Offeror shall reply to each of the minimum mandatory requirements and response requirements in the order listed. Restate each numbered point listed below followed by Offeror’s response in full, narrative sentences and provide any requested materials.

iii. Offeror must guarantee its pricing for the initial term of this agreement.

VI. QUESTIONS AND CLARIFICATION

If Offerors have questions, need clarification of provisions, or think the City has omitted anything from this Professional Services which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the Offeror shall submit questions online through the U3P website prior to the questions due date and time listed in U3P.

No interpretation of the meaning of any provision in this Professional Services, nor correction of any apparent ambiguity, inconsistency, error, or any other matter pertaining to this Professional Services shall be made to the Offeror orally. All questions requesting clarification or interpretation of any section or sections of this Professional Services must be submitted online through the solicitation on the U3P website prior to the date and time listed in U3P.

Questions received after the question submission date identified above may not be considered nor receive a response. If questions prompt the need for changes to the Professional Services document(s), the City will issue a written addendum. Any Q & A information and/or written addendums issued by the City shall be available for interested Offerors to view or download through the U3P website within a reasonable period of time following the above referenced deadline.

VII. SUBMISSION CONTENT

When preparing responses, Offeror shall reply to each of the following minimum mandatory requirements and response requirements in the order listed. Restate each numbered point listed below followed by Offeror’s response in full, narrative sentences and provide any requested materials.

a. Minimum Mandatory Requirements

Offerors must demonstrate the ability to meet or exceed the mandatory minimum requirements outlined below by providing a narrative point by point response, in the order listed, to each requirement.

The following mandatory minimum requirements must be met in order for a response to be considered responsive:

i. City Ethics Requirement. Offeror must include the following two paragraphs in Offeror’s response including Offeror’s own written acknowledgement that Offeror has read the first two paragraphs and agrees to comply with the terms thereof. Failure to do so will result in disqualification of Offeror.

Representation regarding ethical standards for city officers and employees and former city officers and employees. The offeror represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

It is the City’s policy that City employees are prohibited from personally accepting gifts, incentives, or marketing or promotional items from suppliers and that suppliers shall not offer such items to City employees. Such offers from suppliers are inappropriate and may result in suspension or debarment of the supplier from the City's procurement processes.

ii. Offeror shall include a statement that identifies any conflicts or potential conflict of interest that might arise during the Agreement. If no conflicts are identified or expected, respond with “None”.

iii. Offeror certifies that Offeror is a member in good standing of the Utah State Bar OR has significant experience with citizen appeals of civil violations of county or city codes and the requirements and operations of administrative appeals processes.

iv. Offeror certifies that Offeror has the ability to remain fair and impartial in conducting appeal hearings and rendering decisions on appeals.

v. Offeror certifies that Offeror has experience interacting with parties to resolve a dispute in a professional manner.

All of the items described above are non-negotiable.

b. Response Requirements

i. Qualifications

1. A cover page and resume including experience and qualifications to meet the requirements of the City as outlined herein. Include training or certifications and detailed descriptions of involvement with projects of similar or identical scopes.

2. In addition to the information and qualifications specified above, identify any special knowledge or skills that may be related or helpful to the services requested herein.

ii. A statement of your understanding of the services and a general description of your proposed approach to the services.

iii. Provide a writing sample showing your analytical abilities. Preferably the writing sample would address issues of credibility, sufficiency of the evidence, and other legal arguments.

iv. Provide proposed pricing for your services on an hourly basis. The hourly rate should include any hearing preparation time, hearing attendance, and decision drafting time.

VIII. RESPONSE EVALUATION PROCESS

a. Stage 1: Initial Review

In the initial phase of the evaluation process, City will review all responses timely received. Non-responsive responses not conforming to Professional Services requirements or unable to meet the mandatory minimum requirements will be eliminated from further consideration.

b. Stage 2: Response Review

Responsive responses will then be ranked by perceived qualification. City may establish a date and time for the interviews or presentations and shall notify eligible Offerors of the procedures.

c. Stage 3: Appointment Process

An administrative appeals officer must be appointed by the Mayor with the advice and consent of the City Council. If the Offeror is not appointed by the Mayor, the Offeror will not be eligible for a contract award.

d. Stage 4: Contracting

If the Offeror is successfully appointed, details of scope and contract formations will be negotiated directly with the selected qualified Offeror(s).

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