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Item 09 - Agreement for Administrative Hearing Officers Services
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Item 09 - Agreement for Administrative Hearing Officers Services
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10/8/2024 5:35:44 PM
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10/8/2024 4:56:15 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
09
Date
10/15/2024
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<br />EXHIBIT A <br /> <br />SCOPE OF SERVICES <br /> <br />Services performed by Contractor shall include, but are not limited to the following: <br /> <br />A. GENERAL REQUIREMENTS <br />1. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, <br />time, and location to appellant. <br />2. Review case documentation submitted with appeals, and identifying and communicating potential <br />concerns to the City. <br />3. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. <br />4. Instruct participants in hearing of their rights and applicable hearing procedures. <br />5. Conduct hearings in a fair, impartial, courteous, and professional manner. <br />6. Hear testimony and evidence from parties regarding the issues. <br />7. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt <br />findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). <br />8. Perform all other services as outlined in the resulting agreement for services upon award. <br />9. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the <br />City. Hearing Officers will inform and seek the consent of the City before representing another <br />client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or <br />other representations involving specific parties). <br />10. Hearing Officer will be required to provide Hearing Officer Services upon acceptance of <br />assignments. <br />11. Hearing preparation could include, but is not limited to, reading the file materials and <br />familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. <br />12. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said <br />hearings shall be designated by the City, but normally will be conducted during the City’s Regular <br />Business Hours. <br />a. The City’s Regular Business Hours, excluding City holidays, are: <br />• Monday through Thursday from 7:30 AM to 5:30 PM; and <br />• Alternate Fridays from 8:00 AM to 5:00 PM <br />13. In-Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and <br />equipment necessary for carrying out hearings. Locations and times of said hearings shall be <br />designated by the City, but normally will be conducted during Regular Business Hours of the City. <br />a. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa <br />Ana, CA 92701. <br />14. All hearings shall be conducted in English and, if necessary, with the assistance of foreign <br />language translator as provided by applicants/contesting parties or the City. <br />15. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested <br />from the Hearing Officer during recording sessions. <br /> <br />B. REPORTS AND DELIVERABLES <br />1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing <br />conducted within the statutorily required time following the closing of the hearing record in a <br />format approved by the City. The decision shall include findings, conclusions, and provide judicial
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