REQUEST FOR QUALIFICATIONS for HEARING OFFICER

Transcription

1 REQUEST FOR QUALIFICATIONS for HEARING OFFICER LETTERS OF QUALIFICATIONS DUE: Friday, March 12, 2010, by 2:00 P.M. City Administrator s Office, Special Activity Permits 1 Frank Ogawa Plaza, 11 th Floor Oakland, CA for HEARING OFFICER Page 1 of 14

2 TABLE OF CONTENTS I. INTRODUCTION...4 II. PROJECT DESCRIPTION...4 III. SCOPE OF SERVICES...4 IV. THE PROPOSAL...5 A. General information 5 B. Submittal Requirements 6 C. Required Proposal Elements and Format 6 D. Rejection of Proposal Elements 7 V. EVALUATION PROCESS... A. Evaluation of Proposals 7 B. Interview of Short-listed Firms 8 VI. SELECTION PROCESS... A. Contract Negotiations 9 B. Contract Award 10 VII. ATTACHMENTS- A. Sample Agreement B. Professional Services Questionnaire Schedule D C. Independent Contractor s Questionnaire, Part A & B Schedule D. Campaign Contribution Limitations Acknowledgement Schedule O E. Nuclear Free Zone Disclosure Form-S Schedule p F. Professional Services Insurance Requirements Schedule Q G. Americans with Disabilities Act (ADA) Schedule C-1 H. Declaration of Compliance-Living Wage Ordinance Schedule N I. Schedule N-1 - Equal Benefits Ordinance Form J. Project Consultant Team Schedule E K. Supplemental B Affidavit of Certification (ACTIA) L. Supplemental C - Affidavit of Certification (City of Oakland) for HEARING OFFICER Page 2 of 14

3 M. Supplemental D - Affidavit of Certification (Port of Oakland) N. Schedules submitted for all Contracts O. Schedule F - Exit Report and Affidavit P. Schedule G - Progress Payment Form Q. Schedules submitted for Professional Service Contract R. for HEARING OFFICER Page 3 of 14

4 I. I N T R O D U C T I O N This Request for Qualifications (RFQ) is being issued by the City of Oakland to identify individuals (contractor), and solicit qualifications to serve as a Hearing Officer, performing the services described in Section III of this RFQ. The City of Oakland will hire three contractors to serve as Hearing Officer under a Contractor Service Agreement. The contractors will hear appeals of enforcement actions pertaining to any and all special business, fire, property, zoning codes and public nuisance actions. The Special Business Permits and Nuisance Abatement Divisions of the City Administrator s Office contract with Contractors to perform as the City s Hearing Officer on a part-time, on-call basis. The City Administrator s Office intends to enter into three contracts to provide the services outlined below. Contractors who serve as Hearing Officers are ineligible to apply for future contracts for a period of two (2) years once their contract has expired. The total amount of this contract will not exceed $30, II. P R O J E C T D E S C R I P T I O N The City of Oakland conducts hearings on appeals of enforcement actions pertaining to any and all special business, fire, property, zoning codes and public nuisance actions and requires the services of a Hearing Officer on a part-time, on-call basis. The City Administrator will contract with Consultants to perform as the City s Hearing Officers with a not-to-exceed $30, contract for two years. The City advises the Hearing Officer of pending hearings within a minimum of five (5) working days of the scheduled hearing date, and advises the Hearing Officer of a cancellation of a pending hearing within three (3) working days of the scheduled date. Hearing Officers are paid at the rate of $65.00 per hour with the expectation that most hearings will require 1 to 3 hours of time, including pre-hearing and post-hearing preparation. The total amount of this contract will not exceed $30, Contractors who serve as Hearing Officers are ineligible to apply for subsequent contracts with the City of Oakland for a period of two (2) years once their contract has expired. III. S C O P E O F S E R V I C E S The City of Oakland requires the services of an individual consultant who can provide the following services: A. Conduct public hearings as necessary and mutually convenient to the City and the Hearing Officer. B. Adjudicate administratively, in a public forum, all citizen appeals of enforcement actions pertaining to any and all building, housing, fire, property, zoning codes, special business permits, and public nuisance cases. for HEARING OFFICER Page 2 of 14

5 C. Review City and Appellant pleadings and supporting documentation, conduct public hearings, administer oaths, issue subpoenas, and render written and oral rulings, orders, findings, and determinations. D. Perform services in accordance with policies, procedures, regulations, and ordinances of the City of Oakland and the laws of the State of California. E. Begin term of service as early as April 12, Start Dates will be staggered commencing May 1, June 1, and July 1, 2010 for a two year service contract from start date. IV. THE PROPOSAL A. GENERAL INFORMATION 1. California Public Records Act and the City of Oakland Sunshine Ordinance Applicants should be aware that under the California Public Records Act and the City s Sunshine Ordinance, all documents that they submit in response to this RFP, including financial information, are considered public records and will be made available to the public upon request following the RFP/Q deadline. 2. Professional Services Agreement 10% Retention The contract resulting from the RFP/Q is subject to the City of Oakland Performance Retention requirements. Ten percent (10%) of the gross fee of the contract will be retained until the prescribed work is completed by the City. Satisfactory completion will be measured by agreed upon quantifiable performance standards. Performance standards measurement will be quantified by an independent auditor as selected by the City. 3. Americans with Disabilities ACT (ADA) Effective March 1, 2002, all City contracts with organizations that provide goods or services to the public must include the attached Declaration of Compliance with the Americans with Disabilities Act. A copy of the declaration must be signed by an authorized representative of the contracting organization and included in the contract. 4. The City s Local and Small Local Business Enterprise Program. The Local and Small Local Business Enterprise Program describes the objectives, goals and policies of the city regarding the participation of certified Local Business Enterprise / Small Local Business Enterprise (LBE/SLBE) in the City s design contracts. There is a 20% minimum participation requirement for all construction contracts over $100,000 and all professional services contracts over $50,000. All construction contracts below $100,000 and all professional services contracts below $50,000 must include outreach to certified local firms such that a minimum of three local firms are included in the solicitation. Compliance may be achieved at a rate of ten percent (10%) local and 10% small local certified business participation. The requirement may be satisfied by a certified prime and/or sub-contractors (s) or a small local certified business may meet the twenty percent requirement. The City of Oakland s Department of Contracting and Purchasing, Social Equity Division, must certify a for HEARING OFFICER Page 3 of 14

6 business in order to earn credit toward meeting the twenty percent requirement. A good faith effort is not required in light of the twenty percent local business participation requirement. The twenty percent local business participation requirement will be considered a material term of every proposal. Proposals that fail to meet the 20% minimum will be deemed non-responsive. 5. This work is subject to the Oakland Living Wage Ordinance. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service contractors, with some exceptions (Ord , 1998). The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Declaration of Compliance Living Wage Form Unless specific exemptions apply or a waiver is granted, contractors must provide the following to their employees who perform services under or related to any contract awarded in connection with this RFQ: Minimum compensation Contractor s employees shall be paid an initial hourly wage rate of $10.83 with health benefits or $12.45 without health benefits. These initial rates shall be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. Effective July 1 st of each year, Contractor shall pay adjusted wage rates. 6. Equal Benefits Ordinance This work is subject to the Equal Benefits Ordinance of Chapter of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City contractors between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. (Ord (part), 2001) The following contractors are subject to the Equal Benefits Ordinance: Entities that enter into a "contract" with the City for an amount of twenty-five thousand dollars ($25,000.00) or more for public works or improvements, goods or services to be purchased or grants to be provided at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city; and Entities which enter into a "property contract" pursuant to Section (D) with the City in an amount of twenty-five thousand dollars ($25,000.00) or more for the exclusive use of or occupancy (1) of real property owned or controlled by the city or (2) of real property owned by others for the city s use or occupancy, for a term exceeding twenty-nine (29) days in any calendar year. The Ordinance shall only apply to those portions of a contractor s operations that occur (1) within the city; (2) on real property outside the city if the property is owned by the city or if the city has a right to occupy the property, and if the contract s for HEARING OFFICER Page 4 of 14

7 presence at that location is connected to a contract with the city; and (3) elsewhere in the United States where work related to a city contract is being performed. The requirements of this chapter shall not apply to subcontracts or sub-contractors. The Equal Benefits Ordinance requires among other things, submission of the attached Equal Benefits-Declaration of Nondiscrimination form. For more information, see 2/Chapter_2_32_EQUAL_BENEFITS_OR.html?equal%20benefits 7. Prompt Payment Ordinance OMC Section Prompt Payment Terms Required in Notices Inviting Bids, Requests for Proposals/Qualifications and Purchase Contracts This work is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter The Ordinance requires that, unless specific exemptions apply, contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices unless the contractor or its subcontractors notify the Liaison in writing within five (5) business days that there is a bona fide dispute between the contractor or its subcontractor and claimant, in which case the contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City of Oakland Liaison upon the filing of a compliant. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, contractor and its subcontractors are required to file notice with the City of release of retention and payment of mobilization fees within five (5) business days of such payment or release; and, contractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with a contractor or subcontractor that for HEARING OFFICER Page 5 of 14

8 delivers goods and/or services pursuant to or in connection with a City of Oakland purchase contract. The Prompt Payment Ordinance requires among other things, submission of the attached and incorporated herein as Prompt Payment Invoice Transmittal Affidavit Reporting Subcontractor Payments and Prompt Payment Complaint & Investigation Form. For more information regarding submission of these documents please contact the Prompt Payment Liaison, Vivian Inman at Non-Discrimination/Equal Employment Practices City contractors shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. If hired and during the performance of the work, contractor is required to agrees to the following: a. Contractor and contractor s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. Contractor and contractor s sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein. d. If applicable, contractor will send to each labor union or representative of workers with whom contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers representative of contractor s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. Contractor shall submit information concerning the ownership and workforce composition of contractor s firm as well as its sub-contractors and suppliers, by for HEARING OFFICER Page 6 of 14

9 completing the Ownership, Ethnicity and Gender Questionnaire. f. Complete the Project Contractor Team form, and the Exit Report and Affidavit form, both of which are attached. g. All affirmative action efforts of contractors are subject to tracking by the City. This information or data shall be used for statistical purposes only. All contractors are required to provide data regarding the make-up of their subcontractors and agents who will perform City contracts, including the race and gender of each employee and/or contractor and his or her job title or function and the methodology used by contractor to hire and/or contract with the individual or entity in question. h. In the recruitment of sub-contractors, the City of Oakland requires all contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland s business community. The City Administrator will track the City s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. i. In the use of such recruitment, hiring and retention of employees or subcontractors, the City of Oakland requires all contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland s business community. j. The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment. 9. Applicant s Qualifications Applicants represents that they have the qualifications and skills necessary to perform the services called for under this RFQ in a competent and professional manner without the advice or direction of The City. City expects that applicant will be capable of and will perform services in accordance with the generally accepted principles and practices applicable to applicant s trade or profession. 10. City of Oakland Campaign Contribution Limits Contracts requiring Council approval are subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implementing regulations. The City of Oakland Campaign Reform Act prohibits persons or entities that do business or seek to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either180 days after completion of, or termination of, contract negotiations. The contract(s) to issued in connection with this RFP do not currently require Council for HEARING OFFICER Page 7 of 14

10 approval, but if said contract(s) are modified to the extent Council approval is required, respondent will be subject to the requirements of Oakland Municipal Code Chapter 3.12 and required to file an Acknowledgment of Campaign Contribution Limits Form with the City. 11. Nuclear Free Zone Disclosure Respondent represents, pursuant to the combined Nuclear Free Zone Disclosure Form that applicant is in compliance with the City of Oakland s restrictions on doing business with service providers considered nuclear weapons makers. Prior to execution of any contract issued in connection with this RFQ, applicant shall complete the combined form, attached hereto. 12. The following City staff is available to answer questions regarding the RFQ: Arturo M. Sanchez (510) , asanchez@oaklandnet.com B. SUBMITTAL REQUIREMENTS 1. Respondent is required to submit four copies of a Letter of Qualifications to the City Administrator s Office, Nuisance Abatement Division, 1 Frank H. Ogawa Plaza, 11 th Floor, Oakland, CA 94612, no later than 2:00 p.m., on Friday, April 9, Late Letters of Qualifications will be returned unopened. Envelopes shall be labeled Hearing Officer RFQ. 2. Letter of Qualification shall include a discussion of the overall capabilities of the Respondent and include a brief description of the Respondent s employment history, academic background, relevant experience within the last five years, and previous experience that could be used to demonstrate the ability to make objective and just decisions with a complex hearing process. 3. Respondent shall list the names and contact information for at least three professional references that can vouch for the qualifications of the Respondent. Submittal of a Letter of Qualifications empowers the City to examine, without limitation, Respondent s background and present performance. The City reserves the right to contact any listed reference. References may be contacted randomly. 4. Respondent, if chosen, will be expected to complete a Professional Services Contract and attachments with the City of Oakland and comply with their requirements (see Submittals below). Note the Conflict of Interest provisions of the Professional Service Contract. 5. Respondent, if chosen, must obtain a City of Oakland Business Tax License. 6. Respondent, if chosen, must complete a W-9 form. C. REQUIRED PROPOSAL ELEMENTS AND FORMAT 1. Transmittal Letter for HEARING OFFICER Page 8 of 14

11 a. Addressed to Mr. Arturo Sanchez, Assistant to the City Administrator, Special Business and Nuisance Abatement Divisions. b. Signed by an the Contractor 2. Qualifications a. Respondent shall have a degree in jurisprudence and be a member in good standing with the State Bar of California and have at least five (5) years experience as a judge (now retired) or arbitrator or, five (5) years experience as a licensed attorney preparing for or participating in formal hearings or trials involving litigation and/or administrative law at the federal, state or local level, or representing clients in trial or arbitration matters. b. Respondent shall have familiarity with the relevant authorities, including, but not limited to, the California Evidence Code, Code of Civil Procedure, Civil Code, Government Code, Health and Safety Code, Oakland Municipal Code, Oakland Planning Code and the California Building Code. c. Respondent shall be experienced in making decisions of fact, evidence and proof. d. Respondent shall have the flexibility to hold day and night hearings. e. Respondent shall have excellent communication and writing skills. f. Applicants who have served as a hearing officer for the City of Oakland within the last two (2) years are not eligible to submit an application or proposal and any which do will be automatically rejected and disqualified. D. REJECTION OF PROPOSAL ELEMENTS The City reserves the right to reject any or all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel the RFP/RFQ without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any person or entity or other respondent submitting a proposal. Furthermore, there is a risk of proposal rejection for any of the following reasons: Proposal received after designated time and date. Proposal not containing the required elements, exhibits, nor organized in the required format. for HEARING OFFICER Page 9 of 14

12 Proposal considered not fully responsive to this RFQ. Proposal contains excess or extraneous material not called for in the RFQ. V. EVALUATION PROCESS A. EVALUATION OF QUALIFICATIONS The award of the contract to the successful Respondent will be in accordance with, but not limited to, the result of the City s evaluation of: 1. Respondent s Letter of Qualifications 40 points A. Past, recently completed, or on-going work experience that will substantiate experience. B. Experience as a hearing officer for another jurisdiction in same or similar proceedings to those described in this RFQ. C. Prior experience and ability to work with City staff, community groups, and other stakeholders, and addressing the various interests while conducting a hearing. 2. Client reference checks 25 points 3. Local and Small Local Certified Business Participation 25 Points 4. OTHER FACTORS 10 points The perception of how well Respondent s proposal meets the stated requirements, as evidenced by Respondent s proposal. B. INTERVIEW OF SHORT-LISTED QUALIFIED CANDIDATES 1. It is anticipated that approximately 7 respondents will be invited to interview. The selected respondents will be notified in writing that they have been selected for an interview. It is presently anticipated that the interviews will be conducted within five (5) working days of notification. 2. The interviews will last approximately 60 minutes. The respondent should be prepared to discuss at the interview their specific experience providing services similar to those described in the RFQ, estimated work effort, available resources, and other pertinent areas that would distinguish them. Interviews will be held at a City of Oakland office (exact location to be determined). 3. Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms: a. Presentation: 40 points for HEARING OFFICER Page 10 of 14

13 Scoring criteria is similar to that of the proposal criteria. Relevant Experience Qualifications. Organization. Approach. Other Factors b. Request for Qualifications Submittal: 25 points Total points from the initial review of the Proposals will be allocated proportionally based on a maximum allowance of 20 points. c. Interview / Questions: 35 points Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms The City anticipates the tentative schedule of events to be as follows: Only those respondents meeting the relevant experience and that submit the SOQ will be invited for interviews. The City anticipates the tentative schedule of events to be as follows: Distribution of RFP/RFQ March 29, 2010 Submission of RFP/RFQ April 9, 2010 Evaluation of Rankings April 13, 2010 Notification of Interviews April 16, 2010 Interview April 19-22, 2010 Offer Letters April 23, 2010 Contract Documentation Distribution April 29, 2010 Contract Process Completed and Contract Awarded April 30, 2009 Start Dates to be staggered commencing May 1, June 1, and July 1, 2010 for a two year service contract from start date. VI. SELECTION PROCESS The City anticipates up to three respondents will be selected for contracts from this process. A. CONTRACT NEGOTIATIONS 1. The completion of this evaluation process will result in the respondent being numerically ranked. The respondents ranked first to third will be invited to contract with the City. Should the City and any of the ranked respondents contractors be unable to reach an agreement as to the contract terms within a reasonable timeframe, the City may terminate the negotiations and begin negotiations with the respondent that is next in line, and proceed down the list as necessary until an agreement is reached or the list is exhausted. for HEARING OFFICER Page 11 of 14

14 2. The contract amount (including reimbursables) shall be a not-to-exceed amount up to $30,000.00, to be established based upon a mutually agreeable Scope of Services and fee Schedule. B. CONTRACT AWARD 1. Upon successful completion of the process, contract offers will be made to the selected respondents. 2. A sample City standard professional services agreement is included in the RFQ as referenced as Attachment A Sample Agreement. The selected respondents will be required to enter into the standard agreement. 3. Upon execution of the contract the City will issue a Notice to Proceed to the contractor. 4. All contractors are required to maintain auditable records, documents, and papers for inspection by authorized local, state and federal representatives. Therefore, the successful respondents may be required to demonstrate that they use recognized accounting and financial procedures. END OF RFQ for HEARING OFFICER Page 12 of 14