Appeals Hearing Officer

REQUEST FOR QUALIFICATIONS Appeals Hearing Officer Kanab City, located at 26 N 100 E, Kanab, Utah, is requesting proposals for a contract Appeal Authority or Appeals Hearing Officer from a qualified law firm or qualified attorney. PROPOSALS MUST BE RECEIVED NO LATER THAN MONDAY, November 10, 2025, at 5:00 p.m. BACKGROUND: The City will retain an individual attorney or law firm to act as Kanab City's Appeal Authority or Appeal Hearing Officer to perform the duties described in Exhibit A, attached hereto, for variance requests and administrative appeals arising out of Kanab City's General Ordinance, Land Use Ordinance, or as otherwise outlined in State Law. The Hearing Officer is appointed by the Kanab City Council for a period of three (3) years. The level of service required of the Hearing Officer shall include attendance at hearings and other meetings as requested by City Administration (in person, or virtually if appropriate), the review of appeal materials, and the issuance of written final decisions. Contract services are estimated to commence on January 1, 2026, or as soon as practicable. Scope of Services: The Hearing Officer shall operate under the relevant provisions of the City and State Code. Specifically, the handling variance requests and appeals of City action, enforcement, or notices of violation or civil citations related to the enforcement or interpretation of the Kanab City General Ordinance, Land Use Ordinance, or other City ordinances, which are non-criminal in nature. The scope of work for the Hearing Officer position is attached to this RFQ as Exhibit A. The scope of work also describes the preferred qualifications for the position. MINIMUM CONTENTS OF PROPOSAL: The proposal must include the following information: 1. Respondent and/or Firm name and contact information (Contact information should include mailing address, telephone, and email address). 2. Resumes or background descriptions of all key personnel. 3. A cover letter identifying the relevant experience relating to serving as the City Appeals Hearing Officer. 4. A proposal for compensation for services (hourly, per case, and/or flat fee). [Kanab City has a preference for flat fee structure (per appeal), but will consider other proposals, or proposals with a flat fee but including contingencies.] 5. At least three (3) references capable of speaking to the reputation and professional qualification of the Respondent. 6. Description of how the Respondent handles checking for conflicts and how the Respondent proposes to handle conflicts that may arise. 7. Identify whether the Respondent is willing to handle administrative appeals for the City on a conflict basis if the City elects to contract with another respondent as the primary Appeal Hearing Officer, and propose a compensation schedule for conflict appeals. LENGTH OF CONTRACT: The initial term of the contract resulting from this RFQ will be for a period of three (3) years, with the option of additional contract extensions as negotiated with the City. The City reserves the right to contract with other qualified professional firms or individuals for similar services during the period of the contract. SELECTION PROCESS AND SCHEDULE: Proposals will be initially evaluated by the Kanab City administration, which shall then make a recommendation to the Kanab City Council. Kanab City administration, and thereafter the City Council, may elect to interview one or more respondents to determine the likelihood of meeting the Appeal Authority need for Kanab City. Proposals will be evaluated on evidence of understanding of the objectives and work involved, and on the demonstrated capability of the Respondent to accomplish the work. Compensation is a single criterion, not the deciding one. The City may also consider experience, reputation, skills, the specific proposal, references, and the input of elected city officials and others. All proposals are subject to successfully negotiating a contract with the City. SUBMITTAL PROCESS/ REQUIREMENTS: PROPOSALS MUST BE SUBMITTED ELECTRONICALLY THROUGH THE BONFIRE PROCUREMENT PORTAL (https://utah.bonfirehub.com/) NO LATER THAN MONDAY, NOVEMBER 10, at 5:00 p.m. (Mountain Time). Late submissions will not be accepted. COST OF PREPARATION OF RESPONSE: Costs incurred by any entity or individual in the preparation of their response to this Request For Qualifications are the responsibility of the responding entity or individual and will not be reimbursed by Kanab City. CANCELLATION: Kanab City reserves the right to cancel an award of the contract at any time before execution of the contract by both parties if cancellation is deemed to be in Kanab City's best interest. In no event shall Kanab City have any liability for the cancellation of an award. The Respondent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal. CLARIFICATION: Any Respondent requiring clarification of the information or protesting any provision herein, must submit specific questions/protests or comments in writing to: Kanab City ATTN: Kyler Ludwig 26 North 100 East Kanab, Utah 84741 Email: kludwig@kanab.utah.gov Phone: (435) 644-2534 Clarifications submitted in writing shall be received prior to 5:00 p.m. Wednesday, November 5, 2025. PROPOSALS ARE PUBLIC RECORDS: All information submitted by Respondents shall be public record and subject to disclosure pursuant to the Utah Government Records Access Management Act, except such portions of the proposals for which Respondent requests an exception from disclosure consistent with Utah Law. All requests shall be in writing, noting specifically which portion of the proposal the Respondent requests an exception from disclosure. Respondent shall not copyright, or cause to be copyrighted, any portion of any said document submitted to Kanab City as a result of this Request for Qualifications. REJECTION OF PROPOSALS: Kanab City reserves the right to reject any or all responses to this Request For Qualifications. CLARIFICATION OF RESPONSES: Kanab City or its agent reserves the right to obtain clarification from the Respondent of any point in a firm's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Respondent to answer timely to such a request for additional information or clarification could result in rejection of that firm's response or responses. Exhibit A Hearing Officer Role and Responsibilities 1. The Hearing Officer is appointed by the Kanab City Council for a three (3) year term, until a successor has been appointed. 2. The Hearing Officer will function as the Kanab City Land Appeal Authority as well as the Appeal Authority and Hearing Officer for all other permissible or required administrative appeals under Kanab City's General Ordinances, other City ordinances, or applicable State Law. The Hearing Officer shall act and conduct hearings for appeals of code enforcement violations, code interpretations, personnel decisions, variance requests, and other areas assigned by law or local ordinance. Hearings will be scheduled by City staff according to the Hearing Officer's schedule and conducted in a quasi-judicial manner as required by Kanab City Ordinance and Utah Code. The Hearing Officer will be required to issue official written decisions within five (5) business days of the hearing unless another time frame is established by agreement of the parties or by law. All required notices, documentation, and paperwork will be processed by Kanab City Staff. 3. The Hearing Officer must be able to articulate and follow appropriate procedures for conducting hearings, including rules and deadlines governing the submission of documents and other information to create professional hearings while protecting property rights, due process, and other legal rights of parties involved. 4. The Hearing Officer will be available for consultation with City officials during normal City business hours and attend meetings, hearings, and other appointments as requested (in person, or virtually if appropriate). 5. The Hearing Officer should have significant experience in municipal law, the process of making quasi- judicial decisions, hearing procedures, and other legal standards, including rules regarding ex parte communications. Preference will be given to individuals who have professional certifications, licenses, or other qualifications that are particularly suited for the position. The Hearing Officer shall be free from a history of disciplinary action by professional associations to which they belong, and must be willing to submit to a background check if asked by the City. 6. The Hearing Officer complies with all laws, rules of professional conduct, and City policies regulating their position and profession. 7. The Hearing Officer performs their work in a prompt, timely, and professionally competent manner, reflecting the urgency of the need by City officials for the particular legal service. 8. The Hearing Officer must comply and follow state laws and local ordinances in considering and rendering written decisions. 9. The Hearing Officer understands code enforcement and other areas of municipal law enforcement and is responsible for provide prompt, timely, and competent legal opinions as outlined by the Kanab City Ordinances in a manner that is consistent with state statute and case law so that decisions by the Hearing Officer are likely to be upheld by a court if challenged. 10. The Hearing Officer is considered an independent contractor but acts as a City-appointed representative. The Hearing Officer shall communicate, cooperate, and collaborate in a professional manner that reflects well on the image of the City in their interactions with: elected officials; appointed officials; employees; representatives of other government entities; judges; attorneys; professionals; businesses; civic groups; and other individuals.