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<br />Public Notice
<br />Kittitas County, Ellensburg WA
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<br />REQUEST FOR PROPOSALS
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<br />KITTITAS COUNTY HEARING EXAMINER SERVICES
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<br />Kittitas County is seeking Requests for Proposals from individuals and firms interested in serving as the Kittitas County Hearing Examiner beginning October 2023.
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<br />BACKGROUND:
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<br />Unincorporated Kittitas County has a population of approximately 45,000 people. The County encompasses approximately 2,300 square miles. Urban and rural populations are nearly evenly split. The County is a growth management planning county.
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<br />The County’s Planning Department consists of five full-time employees. The County has operated for decades with a Board of Adjustment, Planning Commission and Board of County Commissioners handling quasi-judicial review of various land use applications and related appeals, with the assistance of the Planning Department. The Board of County Commissioners adopted ordinances to implement a Hearing Examiner system for a majority of these matters effective with Ordinance 2007-37.
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<br />The Board seeks qualifications and proposals from individuals and firms desiring to provide the services of a Hearing Examiner serving the County’s Board of Equalization beginning in October 2023. The Hearing Examiner will conduct quasi-judicial hearings on Board of Equalization matters on behalf of the County and makes decisions supported by findings and conclusions. The Hearing Examiner will be an independent contractor and not an employee of the County. Specific requirements regarding the Hearings Examiner position and hearing process is contained in Kittitas County Code Chapter 1.10.023 (available on the county’s website).
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<br />SCOPE OF SERVICES:
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<br />The successful applicant with whom the County contracts shall perform the general duties of the Board of Equalization Hearing Examiner as set forth in Kittitas County Ordinance No. 2007-37 as now in effect or as hereafter amended, and the specific duties specified throughout the County code.
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<br />In general, Kittitas County’s Hearing Examiner will manage evidence, hold public hearings, and decide matters related to Board of Equalization applications and make recommendations to the Board of Equalizations on matters which include, but are not limited to:
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<br />Duties described at Revised Code of Washington 84.48.010.
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<br />Both daytime and evening hearings may be conducted on an as-needed basis. These hearings may be scheduled at the examiner’s convenience but must conclude no later than October 31, 2023. Hearings may be conducted in person or via remote application. Hearing recording and other meeting support services to be provided by County staff. Decisions are generally required to be issued within 10 business days of the conclusion of all testimony pursuant to the County code.
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<br />The County’s Planning Department will provide preparation of case files and records; staff support during hearings; will set agendas in consultation with the Examiner; prepare legal notices; provide reproduction, mailing and distribution of notices and decisions.
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<br />The Hearing Examiner will be responsible for preparing proposed Hearing Examiner Rules of Procedure for review and concurrence by the County and proposing any revisions to those that he or she believes are appropriate after the rules have been adopted.
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<br />The Hearing Examiner’s performance will be evaluated pursuant to the following guidelines and measures of effectiveness:
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<br />1. The logic of findings and conclusions and the reasoning of decisions.
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<br />2. The decorum, demeanor, and effectiveness of his or her management and conduct of the
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<br />proceedings.
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<br />3. The efficiency, effectiveness and service demonstrated, including cost effectiveness,
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<br />timeliness, and responsiveness.
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<br />4. Quality of reports, including format, clarity, comprehensibility, timeliness, thoroughness,
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<br />completeness, grasp of issues presented, and familiarity with relevant criteria, policies, regulations and/or law.
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<br />Prior to beginning work, the Hearing Examiner will be required to procure and maintain, at his or her expense and for the duration of the contract, comprehensive automobile liability insurance at statutorily required limits and workers’ compensation coverage if applicable as required by the State of Washington
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<br />The insurance must be placed with insurers in accordance with the professional services contract provide by the county.
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<br />SUBMITTAL REQUIREMENTS:
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<br />Interested parties should submit a:
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<br />• Letter of Interest – no more than one page in length that includes contact information and signature. The letter should state the educational degree(s) held by the person, institutions issuing such degree(s) and the date such degree(s) were issued. If the proposal is submitted by a law firm, information on all attorneys anticipated to provide services must be provided.
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<br />• Summary of qualifications, experience, and availability – this must be no more than four pages in length. It should summarize the applicant’s qualifications to be a Hearing Examiner, including his/her relevant experience as an appraiser, check appraisals or experience land value adjustment. Hearing Examiner or other type of administrative judge, experience with land use valuations and/or adjustments of same. For judicial or quasi-judicial experience, please list jurisdictions, types of cases, number of cases and approximate dates such work was performed.
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<br />• Method and approach – a summary (not exceeding two pages) of the applicant’s approach to providing Hearing Examiner services, including but not limited to a description of any applicant’s support staff and how applicant will have the ability to meet decision deadlines.
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<br />• Example of written work – at least two examples of the applicant’s written decisions, preferably as a Hearings Examiner, must be provided.
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<br />• Example of Rules of Procedure - The County’s Hearing Examiner is authorized to adopt rules of procedure. An example of rules of procedure that the Hearing Examiner has previously used is requested if applicable.
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<br />• Professional references – at least two professional references, including phone numbers and other contact information. No more than one page.
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<br />• Fee Proposal – a detailed description of the proposed compensation required by the applicant. Specify whether the proposal is for a lump sum annual fee, a cost per hour fee or a combination of lump sum and cost per hour fees. Specify whether mileage, travel time and/or out of pocket expenses are factored into the fee proposal.
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<br />Kittitas County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.
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<br />Kittitas County in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by e mailing Candie Leader at candie.leader@co.kittitas.wa.us or by calling collect 509-962-7523.
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<br />SELECTION CRITERIA AND PROCESS:
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<br />Selection will be based upon selection committee review of the following:
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<br />1. Knowledge and experience in adjudication related to property valuation appeals.
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<br />2. Experience with writing defensible Board of Equalization appeal decisions/recommendations.
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<br />3. Approach to quality control, case management and decision delivery.
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<br />4. Making effective use of public resources through reasonable fee proposal.
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<br />5. Experience and manner of holding public meetings and quasi-judicial proceedings.
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<br />6. Response of references.
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<br />7. Approach to quality control, case management and decision delivery.
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<br />8. Making effective use of public resources through reasonable fee proposal.
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<br />9. Experience and manner of holding public meetings and quasi-judicial proceedings.
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<br />QUESTIONS:
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<br />Questions regarding this RFP may be directed to the County’s Planning Manager in writing via e-mail to mark.cook@co.kittitas.wa.us no later than August 31, 2023. Any oral communications will be considered unofficial and non-binding on the County. Questions will be answered in writing and provided to all responders upon request. It is the responsibility of applicants to check the county for any amendments or question and answers to this RFP.
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<br />PROCESS AND TIMELINE FOR SELECTION:
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<br />The County’s intended process and timeline for selecting a contractor is as follows:
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<br />• RFP release, August 3, 2023.
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<br />• 5:00 PM local time, August 11, 2023 – Deadline for applicant questions.
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<br />• Responses to applicant questions upon request August 18, 2023, 5 PM local time.
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<br />• August 31, 2023 - 5:00 PM local time – Deadline for RFP submittals.
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<br />• August 31 – September 8, 2023, Consideration of submittals by County and selection of candidate(s) to be interviewed; interviews and identification of the preferred candidate to recommend to County Commissioners.
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<br />• September 19, 2023 – Notice to negotiate fee.
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<br />• September 29, 2023 – Contract in place.
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<br />INSTRUCTIONS TO PROPOSERS:
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<br />All responses to the RFP must be received at the County’s Planning Department by 5:00 PM local time on August 31, 2023. Submittals received after the deadline will not be considered.
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<br />All proposals should be submitted and addressed to:
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<br />Mark R. Cook
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<br />Kittitas County Director of Public Works/Community Development Services
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<br />411 North Ruby Street, Suite 1
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<br />Ellensburg, WA 98926
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<br />All proposals shall either be in a sealed envelope and clearly marked “RFP BOE Hearing Examiner” or sent via e-mail to mark.cook@co.kittitas.wa.us.
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<br />CONTRACT NEGOTIATIONS:
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<br />The County reserves the right to negotiate with the highest ranked applicant that, in the County’s opinion, has submitted a proposal that is the “best value” to the County. Negotiations my include, but are not limited to, matters such as contract details, contract payment dates, service requirements, and minor changes to the scope of services.
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<br />CONTRACT:
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<br />The initial contract shall be for one year but may be renewed at the parties’ mutual agreement for a second year.
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<br />A copy of the County’s standard professional services agreement is available by contacting Ms. Candie Leader, Administrative Supervisor, candie.leader@co.kittitas.wa.us or 509-962-7523.
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<br />Should the applicant wish to propose changes to the contract terms and conditions, the desired changes must be identified in the applicant’s proposal. The County is under no obligation to accept such proposed changes and may reject an applicant’s proposal based on proposed changes unacceptable to the County.
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<br />TERMS AND CONDITIONS:
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<br />1. The County reserves the right to reject any and all proposals, to waive irregularities and informalities in the submittal and evaluation process and to change the selection process or timeline.
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<br />2. The County reserves the right to request clarification of information submitted, and to request additional information from any proposer.
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<br />3. The contract resulting from acceptance of a proposal by the County shall be in a form supplied by the County. A copy of the County’s contract is available for review. This RFP does not obligate the County to accept or contracts for any expressed or implied services.
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<br />4. The County shall not be responsible for any costs incurred by an interested party in preparing, submitting, or presenting its response to the RFP.
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<br />5. All submitted documents are public record and subject to disclosure.
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<br />6. Submission of a proposal will signify the applicant’s agreement that its proposal and the content thereof are valid for 30 days following the submission deadline unless otherwise agreed to in writing by both parties.
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<br /> More information is online at http://www.co.kittitas.wa.us/notices/. Clerk of the Board Publish:
<br />Daily Record: 08/03/2023; 08/10/2023; 08/17/2023
<br />Daily Journal of Commerce: 08/03/2023; 08/10/2023; 08/17/2023
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