Law Enforcement and Criminal Justice, Administrative Procedure
Notice Type(s)
Notice
Event Start Date & Time
May 22, 2018 02:00 PM
Event End Date & Time
May 22, 2018 02:00 PM
Event Deadline Date & Time
05/22/18 01:00 AM
Description/Agenda
I. SUMMARY
The City of West Jordan ('City') is promulgating this Request for Proposal ('RFP') to secure
Administrative Law Judge ('ALJ') Services from a Utah licensed attorney experienced in conducting
administrative hearings, to specifically preside over and issue decisions in administrative
hearings and such other administrative matters and disputes arising from the enforcement of the
City's code, including, but not limited to, the City's land use code, personnel code and policies,
business license code, animal control code.
Proposals should be prepared and submitted as described herein. Proposals will be accepted until
2:00 p.m., Mountain Standard Time, on May 22, 2018. Late proposals will not be accepted and will be
disposed of.
II. DESCRIPTION
The City is seeking proposals to secure an ALJ to hear and decide disputes arising from any
determination related to (a) the imposition of a citation under the jurisdiction of the City
Administrative Code, (b) land-use appeals, (c) personnel appeals, (d) business license appeals,
(e) animal control appeals, and (f) all other code sections as determined in the sole discretion of
the City.
The City is seeking qualified Utah attorneys to fill this position.
The ALJ's 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. Such findings, conclusions, rulings, orders and determinations
shall be delivered and served on all parties within three (3) business days. All activities will be
performed with minimal assistance from support staff.
The ALJ may administer oaths to witnesses, issue orders for depositions and discovery to the extent
provided by the rules, and issue subpoenas requested by the parties for the attendance of witnesses
or production of papers.
The ALJ shall act as the custodian of record for materials produced to the ALJ relating to the
decision-making process.
The ALJ will be bound by Code of Professional Conduct and by the Judicial Code.
The ALJ shall be available to provide at least 12 hours per month with at least two hearing days
within each month. The ALJ shall be paid at an hourly rate, but no more than $50 per hour for
preparation, hearing time, researching, and drafting and other duties stated herein. The maximum
amount allowed under this contract shall be $7,200 per year. This ALJ is a contract position and
will not maintain any medical, dental, or retirement benefits or any other benefits from the City.
The City's sole obligation to ALJ is to compensate for the work performed pursuant to the terms
stated herein.
III. MINIMUM QUALIFICATIONS
The ALJ must have the following qualifications. Any proposer who does not meet these qualifications
may have their proposal rejected without further evaluation.
a) Attorney admitted to practice law and in good standing with the State of Utah
b) Practicing law for at least 3 years
c) Ability to understand, interpret, and apply the Utah Rules of Civil Procedure, Utah Rules of
Evidence, and other Rules as applicable
d) Ability to draft findings, conclusions, rulings, orders, and determinations
Additionally, preference will be given to those individuals having prior judicial experience, or
have experience in civil practice or administered in professional alternative dispute resolution.
III. TERM
Engagement of these services will be by contract. The term of the engagement period will be from
the date of execution through June 30, 2019. The initial term may be renewed for an additional
one-year term upon the agreement between both parties.
IV. TERMINATION
Subject to Section XII., any contract entered into arising out of this RFP may be terminated with
or without cause by either party upon sixty days written notice to the other.
V. PROPOSAL SUBMISSION REQUIREMENTS
Proposal Submission Date, Time, and Place: Proposals shall be received no later than 2:00 p.m.
Mountain Standard Time, as conclusively established by the clock in the City Recorder's Office on
May 22, 2018 to the West Jordan City Recorder's Office, 8000 South Redwood Road, West Jordan, Utah
84088.
Proposal Form: All proposals must be submitted in a sealed envelope that are clearly marked with
'Proposal for Administrative Law Judge Services' along with the proposer's name and address on the
outside of the envelope. Proposers must submit three copies of their proposal. All proposals must
be signed by the proposer. All proposals must submit a previously written opinion that was written
by the proposer with few or no revisions made by others.
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By submitting a proposal, proposer acknowledges that they meet the minimum requirements and are
capable of performing the duties listed in the Section II of this RFP.
Proposer must list the following within their proposal:
a) Relevant experience
b) Education
c) Years of practice and in what area of the law
d) Availability to perform hearings and on what designated days of the month (both calendar and
actual day)
e) Requested hourly compensation
Binding Effect of Proposal: By submitting a proposal, proposer agrees to enter into a contract with
the City of West Jordan based upon the representations in the proposal, unless at the City's sole
discretion waive this provision for any reason or no reason.
Interview: After evaluation of the proposals has been completed, the final three candidates will be
selected to undergo an interview performed by the City Manager, the Community Preservation
Department Head, and Attorney(s) from the City Attorneys Office.
VI. CRITERIA FOR EVALUATING PROPOSALS
All proposals will be evaluated based on legal analysis and writing skills, approach, experience,
effectiveness, maintainability, cost, and ability to perform the requested services. Only proposals
that meet all of the requirements in this proposal will be considered for the position.
VII. NEGOTIATION
After selection of the final three candidates, if applicable, the City, at its sole discretion, may
negotiate with the candidates to come to terms more favorable to the City.
VIII. CITY DISCRETION
The City reserves the right to reject any or all proposals, to waive any informality or
technicality in the City's sole discretion, to cancel, edit, or remove any of the RFP in whole or
in part, or to accept any proposal deemed to be in the best interests of the City. If it becomes
necessary to revise this request in whole or in part, an addendum will be provided to all timely
proposers on record.
IX. RISK AND HOLD HARMLESS
Proposers submit their proposals at their own risk and expense, including but not limited to, the
cost of developing the proposal, attendance at any meetings related to the proposal, and other
costs relating to the proposal. The proposer acknowledges that it is not guaranteed any contract.
Proposer will hold the City harmless from all liability, loss, damage, or damages arising from or
relating to this RFP.
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X. RECORDS OF PROPOSALS
All proposals submitted pursuant to this RFP 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.
XI. EQUAL OPPORTUNITY AND DISCRIMINATION
West Jordan City is committed to providing equal employment opportunities to all proposers without
regard to race, color, religion, sex, national origin, age, disability, or genetics. West Jordan
City complies with all federal and state laws governing nondiscrimination in employment in every
location. Any ALJ 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 the ALJ.
Notice of Special Accommodations (ADA)
'In accordance with the Americans with Disabilities Act, the City of West Jordan will make reasonable accommodations for participation in the meeting. Request for assistance can be made by contacting the City Clerk at 801-569-5115, providing at least three working days advance notice of the meeting. TTY 711'
Notice of Electronic or Telephone Participation
Electronic or Telephonic Participation may be used if needed from time to time. Public notice will be provided pursuant to UCA 52-4-207