RFP - Pro-Tem Hearing Examiner

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Thurston County, Washington Community Planning and Economic Development 3000 Pacific Ave SE Olympia, WA 98501 REQUEST FOR PROPOSAL (RFP) Pro Tem Hearing Examiner/Administrative Hearing's Officer Professional Services Contract Thurston County reserves the right to reject any and all proposals, cancel this solicitation, and to waive any informalities or irregularities in procedure. Solicitation Documents The full REQUEST FOR QUALIFICATION that contains the details of required services and minimum requirements can be downloaded at: https://www.thurstoncountywa.gov/RFP -RFQ-RFS-Opportunities Proposals Due Date Proposals are due by not later than: 3:00 p.m. PST December 22, 2023 Proposal Acceptance Location Sealed Proposals will only be received by: Jeremy Davis, Operations Manager Thurston County Community Planning and Economic Development Department Building Development Center 3000 Pacific Ave SE, Suite 100 Olympia, WA 98501 | REQUEST FOR PROPOSAL Pro Tem Hearing Examiner/Administrative Hearing's Officer Professional Services Contract Table of Contents Contents SECTION 1 - OVERVIEW OF SOLICITATION ........................................................................................................ 1 1.2 REQUIRED SERVICES AND SCOPE OF WORK ........................................................................................... 1 1.3 BUDGET AND CONTRACT PERIOD .......................................................................................................... 2 1.4 MINIMUM QUALIFICATIONS ................................................................................................................... 2 SECTION 2 - INFORMATION FOR PROPOSERS ................................................................................................... 3 2.1 SOLICITATION DOCUMENTS ................................................................................................................... 3 2.2 COUNTY CONTACT .................................................................................................................................. 3 2.3 PROPOSAL SUBMITTALS ......................................................................................................................... 3 2.4 EXPENSES INCURRED .............................................................................................................................. 3 2.6 CONTRACT AWARD IS IN THE BEST INTEREST ......................................................................................... 4 SECTION 3 - PROPOSAL INFORMATION AND CONTENT ................................................................................... 4 3.1 PROPOSAL PROCEDURES ........................................................................................................................ 4 3.2 PROPOSAL CONTENT .............................................................................................................................. 4 SECT ION 4 - EVALUATION AND SELECTION ....................................................................................................... 6 ATTACHMENT A: EXAMPLE STATEMENT OF WORK ATTACHMENT B: PRICING FORM ATTACHMENT C: PROPOSAL FORM ATTACHMENT D: SAMPLE PROFESSIONAL SERVICES CONTRACT -i- | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -1- November 30, 2023 REQUEST FOR PROPOSAL Pro Tem Hearing Examiner/Administrative Hearing's Officer Professional Services Contract SECTION 1 - OVERVIEW OF SOLICITATION 1.1 PURPOSE Thurston County is seeking Statements of Qualifications to enable the selection of an individual to serve as Thurston County's Pro Tem Hearing Examiner for cases related to the County's land use regulatory laws pursuant to Thurston County Code, Chapter 2.06, other implementing County ordinances and State of Washington statutes and regulations. The Pro Tem Hearing Examine r must also serve as a Pro Tem Administrative Hearing's Officer for administrative hearings in accordance with Sections 8.1, 13.3, and 19.8 of Article I of the Thurston County Sanitary Code, Section 23.7 and 24.7 Article IV of the Thurston County Sanitary Code, Chapter 10.92 of the Thurston County Code, and any other matters referred, in writing, by the Chairman of the Board of Health. 1.2 REQUIRED SERVICES AND SCOPE OF WORK As the Health Administrative Hearing Officer the proposer will conduct admin istrative hearings as required for appeals and waivers as required under Sections 8.1, 13.3, and 19.8 of Article I of the Thurston County Sanitary Code, Section 23.7 and 24.7 of Article IV of the Thurston County Sanitary Code, Chapter 10.92 of the Thurston County Code, and any other matters referred, in writing, by the Chairman of the Board of Health; Review hearing requests to determine completeness and adequacy, prehearing conferences and settlement agreements as described in Article 1, Section 8.4 and 8. 5; Preparation of detailed written findings, decisions and orders; Preparation of rules of procedure for the hearing officer process; Preparation of an annual report to the Board of Health; and Staff training on hearing processes, if requested. The Pro Te m Hearing Examiner conducts hearings related to the County's land use regulatory laws pursuant to Thurston County Code, Chapter 2.06, and other implementing County ordinances and State of Washington statutes and regulations, and to conduct hearings on those matters listed below. In this regard, the proposer shall act as the Thurston County Hearing Examiner and conduct all business of the office, including but not limited to the following: Conduct all pre -hearing activity which shall include, but not be limited to, working with staff to schedule hearings, conducting pre -hearing conferences, making decisions on pre -hearing motions; if necessary , viewing the site before or after the hearing, traveling to and from the hearing, and any other activity require d for the conduct of a hearing. Receive and examine all available information as part of hearing preparation. Conduct public hearings and create an administrative record at the hearing for the following matters: Matters prescribed by the Thurston County Su bdivision Ordinance (Title 18, Thurston County Code), matters prescribed by the Thurston County Zoning Ordinances (Titles 20, 21, 22, and 23 Thurston County Code), matters prescribed by the Critical Areas Ordinance (Chapter 17.15, Thurston County Code) and Shoreline Master Program: All matters except text amendments and map redesignation, plat vacations or amendments (pursuant to Chapter 58.17 RCW). Right -of-way vacations. Appeals of | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -2- November 30, 2023 Threshold determinations pursuant to Sections 17.09.160 of the Thurston County Code. Other types of matters which a Hearing Examiner is authorized to decide by law or contract (e.g. non-land use, administrative appeals under local health or sanitary ordinances, grievances under labor contacts) which may be referred by the Board of County Commissioners. Draft and enter written Findings, Conclusions and Decisions for ever y hearing that has been held. Draft and enter written Findings, Conclusions and Decisions for every appeal in which there has been no hearing, but the County and the Appellant have stipulated to the administrative record. Provide written recommendations an d decisions on appeals to the Board of County Commissioners when required by ordinance or law. Provide and draft modifications, amendments, reconsideration orders, clarification orders and any other similar documents for a Decision or Recommendation or Ord er that has been previously issued. Thurston County provides a Land Use Clerk to coordinate, notice, and otherwise assist on setting up public hearings. 1.3 BUDGET AND CONTRACT PERIOD Compensation will be established by negotiation between the successful applicant(s) and Thurston County. Demand for services will drive the compensation model. Options include establishing a competitive hourly rate for various functions, or establishing a fixed monthly rate to provide all services. The tentative contract duration will be for a period of two (2) years with an option to extend. 1.4 MINIMUM QUALIFICATIONS * Law degree preferred. * Five years' experience adjudicating land use and health code decisions as outlined in this RFP, including conducting public hearings. * Experience presenting land use proposals or adjudicating land use cases in Washington State. * Registered and licensed business in Washington State. | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -3- November 30, 2023 SECTION 2 - INFORMATION FOR PROPOSERS This section provides information and instructions for proposers responding to this solicitation. The County reserves the right, at its sole discretion, to reject the proposal of any proposer that fails to comply with the instructions outlined herein. 2.1 SOLICITATION DOCUMENTS All solicitation documents, including any addenda, are published on the Thurston County "Legal Notices and Announcements of Public Hearings" website at : https://www.thurstoncountywa.gov/RFP -RFQ-RFS-Opportunities 2.2 COUNTY CONTACT Jeremy Davis, Operations Manager Thurston County Community Planning and Economic Development Department 3000 Pacific Ave SE, Suite 100 Olympia, WA 98501 Email: Jeremy.davis@co.thurston.wa.us 2.3 PROPOSAL SUBMITTALS Submit three (3) copies (1 original and 2 copies) of the proposal in time to be received by 3:00pm, on December 22, 2023 . Late proposals will not be considered. All correspondence shall be directed to: Jeremy Davis, Operations Manager Thurston County Community Planning and Economic Development 3000 Pacific Ave SE, Suite 100 Olympia, WA 9850 1 2.4 EXPENSES INCURRED The County will not be responsible for any costs associated with participation in this RFP including, but not limited to, preparation, submission, or presentation; interviews, if held; negotiation process; and contract execution. All expenses related to the proposal are the sole responsibility of the proposer. 2.5 REFERENC ES AND REQUIRED RESOURCES Each proposer may be required, before the award of any contract, to show to the complete satisfaction of the County that it has the necessary facilities, ability, insurance, and financial resources to comply with the contract and furnish the services, materials, or goods specified herein in a satisfactory manner. Each proposer may also be required to provide history and references that will enable the County to be satisfied as to the proposer's qualifications and resou rces. Failure to meet the afore mentioned requirements may cause the County, at its sole discretion, to reject a proposal. | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -4- November 30, 2023 2.6 CONTRACT AWARD IS IN THE BEST INTEREST Thurston County shall award the contract to the applicant whose proposal will best serve the interest of the County, taking into account, but not limited to, experience and expertise. SECTION 3 - PROPOSAL INFORMATION AND CONTENT This Section provides the requirements for preparing and submitting the proposal. Propos al contents shall be assembled, identified, and arranged as specified below. Failure to include any of the requested contents and arrange the contents in the order specified shall be cause for rejection of the proposal as nonresponsive. All documents and electronic media submitted to the County pursuant to this solicitation shall, upon receipt by the County, become the property of the County. 3.1 PROPOSAL PROCEDURES All proposals must be in a sealed envelope and clearly marked "Proposal for Pro Tem Hearing Examiner and Administrative Hearing's Officer of Thurston County" . * Submit three (3) copies (1 original and 2 copies); and * No faxed, emailed, or telephone proposals will be accepted. Proposals must be received by the County not later than 3:00 P.M. December 22, 2023. Late proposals will not be accepted or considered. Timely submission is solely the responsibility of the respective proposer. Sealed proposals must be delivered via certified mail, express delivery, or courier to: Thurston County Community Planning and Economic Development Department 3000 Pacific Ave SE, Suite 100 Olympia, WA 98501 3.2 PROPOSAL CONTENT Each proposal shall include the following information, with each response labeled as indicated below: A. A CV that details academic and professional preparation (Law Degree preferred). B. Detail your previous experience conducting public hearings related to land use regulations and/or sanitary codes (limited to two pages). C. Demonstrated experience and knowledge of State of Washing ton land use statutes and regulations, and the Thurston County Code, including but not limited to the following matters: a) Subdivision Ordinance b) Critical Areas Ordinance c) Shoreline Master Program d) Road vacations e) State Environmental Policy Act f) Zoning Ordinances g) Mineral Extraction Code | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -5- November 30, 2023 h) Forest Land Conversion Ordinance i) Comprehensive Plan j) Growth Management Act k) Sanitary Codes. D. A copy of a recent written decision that is related to a land use and/or zoning proposal, as well as related to a sanitary code proposal, as available. E. At least two professional references, including phone numbers and other contact information. This is limited to one page. F. Provide a list of all positions that may be assisting and describe their responsibilities for this work. Include professional qualifications/resumes of each member of the team responsible for performing work and issuing decision . | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -6- November 30, 2023 SECTION 4 - EVALUATION AND SELECTION This request does not constitute an offer of employment or to contract for services. The County reserves the option to retain all proposals, whether selected or rejected. Once submitted, the proposals and any supplemental documents become property of the County. The County reserves the right to reject all proposals and re -advertise the RFP. Selection will be made on the basis of the proposals as submitted. The Selection Committee members are not to be contacted by the proposers. Final approval will be by the Thurston County Board of County Commissioners. EVALUATION CRITERIA Scoring Maximum Minimum Qualifications identified in paragraph 1.4 have been met. 10 Points Firm's Qualifications, Experience, and Past Performance Firm is a registered licensed business in Washington State which has demonstrated knowledge in Washington State land use laws and processes. Firm has proven ability to meet deadlines required by code. County will review proposal and demonstrated experience outlined in the proposal (paragraph 3.2). 40 Points Recent Legally Defensible Decisions Review and scoring of decision on a land use case. Review and scoring of decision on a sanitary code case. 20 Points Public Hearings The respondent has direct experience conducting public hearings on land use and/or sanitary code cases. 10 Points Cost, Fee Structure and Organizational Capacity The Proposal cost is reasonable, demonstrates an understanding of scope, and is an exceptional value for the county. Rates are reasonable. 20 Points TOTAL 100 Points | Thurston County, Washington Request for Proposal Hearing Examiner Pro Tem -7- November 30, 2023 Interviews for select ed candidates are expected to take place in early January 2024 with a view to having the position filled by the end of January 2024 . Interviews will be scored by the interview panel. Staff will collaborate with individual(s) selected to develop a mutually acceptable plan of work, including hearing schedule and implementation strategy. INTERVIEW and REFERENCES SCORING Scoring Maximum References 20 Points Interview 80 Points TOTAL 100 Points | ATTACHMENT A: Statement of Work ATTACHMENT A THURSTON COUNTY I PRO TEM HEARING EXAMINER STATEMENT OF WORK EXAMPLE The contractor is expected to perform the following professional services for the County as a P ro Tem Hearing Examiner in the event of scheduling or other conflicts with the County's primary Hearing Examiner : a. Conduct hearings related to the County's land use regulatory laws pursuant to Thurston County Code, Chapter 2.06, and other implementing County ordinances and State of Washington statutes and regulations, and to conduct hearings on those matters listed below. In this regard, the contractor shall act as the Thurston County Hearing Examiner and conduct all business of the office , including the following: i. Conduct all pre -hearing activity which shall include, but not be limited to, working with staff to schedule hearings, conducting pre -hearing conferences, making decisions on pre -hearing motions; if necessary, viewing the site before or after the hearing, t raveling to and from the hearing, and any other activity required for the conduct of a hearing. The determination of whether a site visit is required shall be at the sole determination of the contractor . ii. Receive and examine all available information as part of hearing preparation. iii. In coordination with the Thurston County Hearing Examiner, conduct public hearings and create an administrative record at the hearing for the following matters: a) Matters prescribed by the Thurston County Subdivision Ordinance (Title 18, Thurston County Code). b) Matters prescribed by the Thurston County Zoning Ordinances (Titles 20, 21, 22, and 23 Thurston County Code) . c) Matters prescribed by the Critical Areas Ordinance (Chapter 17.15, Thurston County Code). d) Shoreline Master Program: All matters except text amendments and map redesignation. e) *Plat vacations or amendments (pursuant to Chapter 58.17 RCW). f) Right -of-way vacations . g) Appeals of Threshold Determinations pursuant to Section 17.09.160 of the Thurston County Code. | ATTACHMENT A: Statement of Work h) Other types of matters which a Hearing Examiner is authorized to decide by law or contract (e.g. non -land use, administrative appeals under local health or sanitary ordinances, grievances under law or contracts) which may be referred by the B oard of County Commissioners . iv. Draft and enter written Findings, Conclusions and Decisions/Recommendations, or other appropriate formal final document disposing of a matter (e.g., order of dismissal) for every hearing that has been held. v. Draft and enter w ritten Findings, Conclusions and Decisions for every appeal in which there has been no hearing but the County and the Appellant have stipulated to the administrative record. vi. Provide written recommendations and decisions on appeals to the Board of County Commissioners when required by ordinance or law. vii. Provide and draft modifications, amendments, reconsideration orders, clarification orders and any other similar documents for a Decision or Recommendation or Order that has been previously issued. b. The contractor may work with the Land Use Clerk to coordinate hearing schedules with the County's primary H earing Examiner. c. In order to effectively accomplish the duties specified in Section 2 of this contract (above), it is agreed the contractor shall: i. Perform the following duties: the acceptance and identification of exhibits; create an audio record of all testimony presented at a hearing on equipment supplied by County; and preparation of the Findings and Conclusions and Decisions/Recommendations for each hearing. ii. Coordinate with the Thurston County Hearing Examiner to meet annually with the Board of County Commissioners at their election either virtually or in- person, or submit written reports if the Board declines a meeting. iii. Meet on request on a mutually agreed date with Community Planning and Economic Development Department staff and/or the Director on procedural and substantive issues. d. It is agreed that any vehicles used for site review or travel to and from the hearings s hall be the contractor's vehicle and used at the contractor's sole risk, and, contractor shall hold harmless and indemnify Thurston County its elected officials, employees, agents and representatives from and against any and all claims, liability, loss or other damages, including attorneys' fees and costs, arising out of or in any way connected to the use of such vehicles. | ATTACHMENT A: Statement of Work e. The contractor shall provide their own office and office equipment for drafting any documents. f. The contractor shall provide the county with one electronically delivered report of Findings, Conclusions and Decision/Recommendation OR other final document disposing of each matter over which they have assumed jurisdiction (e.g., order of dismissal). Decisions/Recommendations shall include a list of all exhibits and the names of all persons who testified in each case. The report may be submitted electronically and shall be delivered or emailed to the assigned Hearing Clerk or designee within the time constraints imposed by the County and Stat e law or as agreed to by the Applicant or Appellant of each hearing. The County's administrative staff for the office of the Hearing Examiner may format the report but may not change its contents without express direction by the contractor . g. The contracto r will be responsible solely to the Board of County Commissioners. However, the contractor shall be free of any supervision or other influence from the Board, the Chief Administrative Officer, or any other County official or employee with respect to any de cision or recommendation made on a specific issue or permit. 2. The services to be performed by the C ounty include a hearing clerk who will provide the following services on behalf of the H earing Examiner Pro Tem: Pre-Hearing: a. Schedule hearings. b. Send required hearing notices. c. Schedule and facilitate any telephonic or virtual pre- hearing conferences requested by the hearing officer. d. Transmit copies of the hearing exhibits to the hearing officer, either in hard copy form or electronically. e. Prepare the hearing room, including setting up the recording equipment, or in the virtual context, send virtual meeting invitations and host/facilitate the virtual hearings. f. Serve as the interface between the parties and the hearing officer for procedural questions, scheduling issues, and other appropriate communications outside of the public hearing. This is for the purpose of protecting the contractor from inappropriate ex parte communication by parties or members of the public. Hearing: a. Provide and monitor recording equipment, and/or host the virtual hearing. | ATTACHMENT A: Statement of Work b. Mark exhibits admitted into the record and keep an exhibit list. c. Track the names and, as needed, mailing addresses of those who testify at hearings. Post-Hearing : a. Accept authorized post -hearing submittals and forward copies to the hearing officer . b. Distribute copies of the hearing officer's decision to parties of record. c. Transmit any post -hearing motions (e.g., requests for reconsideration, if authorized by the applicable ordinances) to the hearing officer. d. Maintain the official record of each case. e. Prepare the administrative record and transcripts if a contractor's decision is appealed. | ATTACHMENT B Thurston C ounty Pro Tem H earing E xaminer S ervices PRICING FORM 1.Attach a Billing Rate Schedule to include labor categories and hourly rates for each person providin gservices outlined in the statement of work for the proposal for services which shall be firm for the termof the contract except as otherwise agreed to in the final contract.2. Prices shall include all possible direct and indirect costs, travel, insurance, overhead, labor, profit,rebates, services, fees, and any other expenses.--------------------------------------------------------------------------------------------------------------------------- The undersigned hereby certifies that they have examined and have read and thoroughly understand the Sample Contract including insurance requirements and the method by which payment will be made for said work. Company Name: ________________________________________________________ Company Representative Name & Title: _____________________________________ BY: __________________________________________________ Sign here S IGNATURE OF AUTHORIZED REPRESENTATIVE ( NOTE : Signature is required for Proposal to be valid) Title: _________________________________________________________________ Physical Address: _______________________________________________________ Mailing Address: _______________________________________________________ Telephone: __________________________ Fax: ______________________________ E-mail:________________________________________________________________ALL PROPOSERS MUST COMPLETE THIS SECTION Proposer acknowledges receipt of the following addenda: Addendum No. _____ Date Received __________ By_______________________________________ Addendum No. _____ Date Received __________ By _______________________________________ Addendum No. _____ Date Received __________ By _______________________________________ | RFP 034 -2022 -TC-R001 1 ATTACHMENT C PROPOSAL FORM REQUEST FOR PROPOSAL (RFP) THURSTON COUNTY PRO TEM HEARING EXAMINER SEALED PROPOSALS WILL ONLY BE RECEIVED AT: Thurston County Community Planning and Economic Development , 3000 Pacific Avenue SW, STE 100 Olympia, Washington 985 01. PROPOSALS ARE DUE NOT LATER THAN: 3:00 p.m. local time on December 22, 2023 . THE SOLICITATION DOCUMENTS , including any addenda, are published on the Thurston County website at the following location https://www.thurstoncountywa.gov/RFP -RFQ-RFS-Opportunities THE UNDERSIGNED UNDERSTANDS AND ACKNOWLEDGES THAT THE SOLICITATION AND ALL ADDENDA HAVE BEEN EXAMINED PRIOR TO SUBMISSION O F PROPOSAL . THE PROPER FULL LEGAL NAME OF THE FIRM OR ENTITY RESPONDING TO THIS SOLICITATION MUST BE WRITTEN IN THE SPACE PROVIDED BELOW. THIS PROPOSAL FORM MUST BE FULLY AND ACCURATELY COMPLETED AND SIGNED BELOW BY A PERSON AUTHORIZED TO LEGALLY AND CONTRACTUALLY BIND THE PROPOSER , OR THE PROPOSAL MAY BE REJECTED IN ENTIRETY : AUTHORIZED SIGNATURE PRINTED NAME TITLE COMPANY NAME COMPANY ADDRESS CITY STATE ZIP CODE PHONE FAX EMAIL TAX ID NUMBER IS THE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF WASHINGTON? YES NO NAME/TITLE OF COMPANY CONTACT CONTACT'S PHONE CONTACT'S EMAIL | RFP: Pro Tem Hearing Examiner 2023 Contract No. : - 1 - ATTACHMENT 4 PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY / [CONTRACTOR]. THIS CONTRACT is entered into in duplicate originals between THURSTON COUNTY , a municipal corporation, with its principal offices at 3000 Pacific Ave SE, Suite 100, Olympia, Washingt on 98501 , hereinafter " COUNTY ," and [ NAME OF C OMPANY ], with its principal offices at [co ntractor address] , hereinafter " CONTRACTOR." In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATIO N OF CON TRACT The term of this Contract shall begin on the date last executed below and shall terminate on [enter completion date] . 2. SERVICES PROVIDED BY THE CONTRACTOR The CONTRACTOR represents that it is qual ified and possesses the neces sary experti se, know ledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract. The CONTRACTOR shall perform the following services: a. A detailed descr iption o f the services to be performed by the CONT RACTOR is set forth in Exhibit A, which is attached hereto and incorporated herein by reference. b. The CONTRACTOR agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no m aterial, labor, or facilities will be furnished by the COUNTY. c. The CONTRACTOR shall perform according to standard industry practice of the work specified by this Contract. d. The CONTRACTOR shall complete its work in a timely manner and in acc ordance with the schedule agreed to by the pa rties. e. The CONTRACTOR shall, from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY'S request, the CONTRACTOR shall prepa re and present status reports on its w ork. | RFP: Pro Tem Hearing Examiner 2023 Contract No. : - 2 - 3. SERVICES PROVIDED BY THE COUNTY In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following: a. Relevant information as exists to assist the CONTRA CTOR with the performance of the CONTR ACTOR'S serv ices. b. Coordination with other County Departme nts or other Consultants as necessary for the performance of the CONTRACTOR'S services. c. Services documents, or other information identified in Exhibit A. 4. CONTRA CT REPRESENTATIVES Each party to this Contrac t shall have a contract r

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