04. Hearing Officer Request for Propoal Staff Report
Date of Meeting: February 7, 2024
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Hearing Officer Request for Proposal
Background:
The City is in the process of updating City Code Chapter 32 – Administrative Citations. Part of
that update is reviewing and redefining the Hearing Officer’s role and responsibilities. City
Attorney Larson and his office have prepared a draft Request for Proposal for Hearing Officers,
which can be found below. If approved, it will be posted on the website and advertised in the
local paper.
Issue:
Please review the RFP and offer any comments or suggestions you might have. If Council is
satisfied with the language, staff will ask for approval to post the RFP.
Attachments:
Draft RFP for Hearing Officer
CITY OF SCANDIA
REQUEST FOR PROPOSAL
FOR
HEARING OFFICER
Kyle Morell, Scandia City Administrator
14727 209th St N
Scandia, MN 55073
REQUEST FOR PROPOSAL
HEARING OFFICER
REQUEST FOR PROPOSAL HEARING OFFICER SERVICES
The City of Scandia is soliciting proposals from attorneys to serve on an as-needed basis
as a Scandia Hearing Officer to conduct fair and impartial hearings on code enforcement
violations and make written decisions.
The City Administrator will evaluate, select, and recommend proposals to the City Council.
The City Council will make the final decision on the award of the Contract.
The City of Scandia does not express or imply any obligation to reimburse responding
firms for any expenses incurred in preparing proposals in response to this request. If your
company would like to consider this engagement, we invite your response due no later than
noon on [date] with two (2) copies of the proposal in sealed envelopes to the following
address:
City of Scandia
14727 209th St N
Scandia, MN 55073
Additional information may be obtained by contacting:
Kyle Morell
City Administrator
City of Scandia
651-433-2274
Sincerely,
Kyle Morell
City Administrator
2
BACKGROUND
Scandia, Minnesota is a rural community located in northern Washington County, at the edge
of the Twin Cities Metropolitan Area. Known as New Scandia Township until its
incorporation on January 1, 2007, as the City of Scandia, the community has a rich history
as the first Swedish immigrants to Minnesota settled here. The historic village area (located
around the intersection of Oakhill Rd. and Olinda Trail) business community provides many
goods and services and is the focal point of community life. Scandia's 39.7 square miles
represent a scenic, rolling landscape dotted with lakes, woodlands, farms, and low-density
rural development. The St. Croix River and Big Marine Lake are two of the natural gems
that attract residents and visitors to our area. Scandia's population is 4,001 people (2022).
The City Council is the governing body elected at large.
NATURE OF SERVICES REQUIRED
Hearing Officer Job Description
Job Summary:
A Hearing Officer is responsible for conducting fair and impartial hearings and making
legally binding decisions on matters of disputes between the City of Scandia and alleged
violators of city codes and other relevant issues. The Hearing Officer must be fair and
impartial while considering all applicable information and evidence presented during the
hearing. The Hearing Officer analyzes evidence and testimony, applies the law, and
issues written decisions.
Responsibilities:
Conduct impartial and fair hearings in accordance with applicable laws and
regulations.
Review and analyze evidence and testimony presented by parties.
Determine the admissibility of evidence and testimony.
Apply relevant laws, regulations, and case law to the facts presented.
Issue written decisions that explain the reasoning behind the decision and
applicable law.
Manage the hearing process, including scheduling, conducting pre-hearing
conferences, and providing guidance to parties regarding procedures.
Respond to inquiries from parties, attorneys, and the public regarding cases and
procedures.
Collaborate with other hearing officers, attorneys, and administrative staff to
ensure efficient and effective case management.
Maintain accurate records of hearings and other case-related documents.
3
Required Qualifications and Experience:
Lawyers with a minimum of 3 years’ experience in legal work or administrative
law.
A good understanding of the legal system and administrative procedures.
Excellent written and verbal communication skills.
The ability to make sound decisions while maintaining impartiality.
SUBMISSION
The written proposal should include all attachments and exhibits, submitted as follows:
four copies of the written proposal and one copy on disk in Word format to the City of
Scandia in a sealed envelope no later than noon CST on [date] 2024.
Fees/Rates. The Submission must set forth expected fees or hourly rates. The City will
not pay mileage or travel time.
Written proposals received after the deadline will not be accepted and will be returned
unopened to the Vendor. Any material changes made by the City will be in writing and
distributed to the Vendors. Modifications or corrections received after the closing date will
be rejected.
The evaluation process consists of the following steps:
1. The proposals will be evaluated and rated by the City Administrator and
City Council.
Selection of the successful proposal will be at the sole discretion of the City Council. The
City Council reserves the right to reject any or all proposals and to waive formalities.
THE CITY COUNCIL REQUESTS THAT ONCE PROPOSALS HAVE
BEEN SUBMITTED, NO UNSOLICITED CONTACT OR DISCUSSIONS
CONCERNING THESE PROPOSALS BE MADE PRIOR TO THE
EVALUATION OF ALL PROPOSALS.
QUALIFICATIONS AND APPROACH
1) Cover letter. A signature by a principal or officer having the authority to negotiate
and contractually bind and extend the terms of the written proposal is required.
2) Executive Summary. The attorney possesses the experience and understands code
enforcement to undertake and successfully fulfill the duties and obligations of a
Scandia Hearing Officer.
COST PROPOSAL SUMMARY
4
1. The proposal should contain all pricing information relative to performing the
Hearing Officer duties, including all out-of-pocket expenses, except for mileage
and travel time.
2. The City will not be responsible for expenses incurred in preparing and submitting
the proposal. Such costs should not be included in the proposal.
3. Billings shall cover a period of not less than a calendar month.
4. The proposal submitted in response to this RFP will be incorporated as part of the
final contract with the selected Vendor.
5. Should any discrepancies or omissions be found in the RFP or if there is doubt as
to their meaning, the Vendor shall notify the City at once. The City will send
written instructions or addenda to all Vendors. Questions must be received in
writing, no later than [date], 2024.
6. The City shall not be responsible for oral interpretations.
7. All responses, inquiries, and correspondence relating to this RFP including all
reports, charts, displays, schedules, exhibits and other documentation produced by
the Vendor that are submitted as part of the proposal and not withdrawn prior to the
scheduled closing date shall, upon receipt by the City, become property of the City.
8. All costs are to be stated in exact amounts. All costs must be detailed specifically
in the Vendor Cost Quotations Summary section of the proposal.
9. The contract entered into by the successful Vendor and City shall be interpreted,
construed, and given effect in all respects according to the State of Minnesota.
AWARD
The City reserves the right to reject any or all proposals or to make no award at all, to
determine whether any alternate proposals are equal to the specifications and general
requirements, and to accept proposals with minor variations from the specifications and/or
conditions. The City shall take into consideration the proposal’s confirmation with
specifications, suitability to requirements, delivery, terms, and any other item stated in the
specifications. A Vendor’s past performance will be a factor in making an award.
After award, all written proposals are open to public inspection. The City assumes no
responsibility for the confidentiality of information offered in a proposal. The RFP is
worded so as not to elicit proprietary information. If proprietary information is submitted
as part of the proposal, it must be labeled as proprietary and accompanied with a request
that the information shall be returned by the City to the submitter. Any proposal submitted
with a blanket statement or limitation that would prohibit or limit such public inspection
may be considered non-responsive and shall be rejected.
5
RESPONSE AND CONTRACT REQUIREMENTS
The Vendor must agree to adhere with strict conformity to the specifications and agrees, if
this response is accepted, to contract with the City; to provide all necessary personnel to
do all the work specified in the specifications, in the manner and time prescribed, and will
accept payment for the prices set forth.
The Vendor is required to carefully examine the site of the specifications, contract forms,
work contemplated, and it will be assumed that the Vendor investigated and is satisfied as
to the conditions to be encountered, as to the character, quality, and quantities of work to
be performed as to the requirements of the proposal. It is mutually agreed that submission
of the information shall be considered prima facie evidence that the Vendor made such
examination.
Failure on the part of the Vendor to comply with the requirements and conditions of this
RFP may subject the response to rejection. The burden of proof of compliance with this
specification lies with the Vendor.
INQUIRIES
Prior to submission deadline, questions may be directed to:
Kyle Morell
City Administrator
14727 209th St N
Scandia, MN 55073
Email address: k.morell@ci.scandia.mn.us