CITY OF BANDERA BOND COUNSEL REQUEST FOR PROPOSALS AND STATEMENT OF QUALIFICATIONS

CITY OF BANDERA
BOND COUNSEL
REQUEST FOR PROPOSALS AND STATEMENT OF QUALIFICATIONS

To provide assistance with possible loan and to provide objective legal opinion with respect to the validity of authorizing and issuing evidences of indebtedness (the “Obligations”) by the City of Bandera, Texas (the “City”) for capital financing and provide assistance with possible loan, grant or disadvantaged funding through the Texas Water Development Board (“TWDB”).

A.  INTENT OF PROPOSAL

The City is soliciting Request for Proposals (RFP) and Statement of Qualifications from interested qualified professionals to provide the following:  assist in obtaining loan and to provide legal opinion with respect to assessing the viability of authorizing and issuing evidences of indebtedness by the City for capital financing or refinancing; preparation of resolution, indenture or other authorizing and securing the Bonds (the “Resolution”) and other authorizing documents as necessary.  The City reserves the right to accept or reject any or all proposals for any reason it finds to be in the best interest of the City.

The City seeks to afford the opportunity for qualified SBE, MBE and WBE firms to propose to provide the services described herein.

B.   SCOPE OF SERVICES

The services to be provided by the Bond Counsel shall include the following duties, as necessary:

• Assist in preparing legal documents in connection with the financing program.
• Render an objective legal opinion with respect to assessing the viability of authorizing and issuing evidences of indebtedness.
• Examine applicable law.
• Prepare the Resolution and other authorizing documents.
• Consult with the parties to the transaction prior to the issuance of the Bonds.
• Secure TWDB and Texas Attorney General approval of the bonds and the registration of the Bonds by the Comptroller of Public Accounts of the State of Texas.
• Review certified proceedings.
• Undertake such additional duties as deemed necessary to render the opinion with respect to each Bond issue.

C.   STATEMENT OF QUALIFICATIONS

The Proposer shall provide a description of the history and background of the firm, identification of the services currently being provided to municipalities in Texas and other information relevant to the provision of Bond Counsel Services.

      1.   General information about the firm.

            A.  Name, address, and telephone number of the firm

            B.   History of the firm.

            C.   List names and titles of officers of the firm who will be directly responsible for Bond Counsel services.

            D.  Information pertaining to the firm’s compliance with licensing and other requirements.

      2.   References -- List of three (3) references of cities for which similar services have been provided.

      3.   Identify personnel to be assigned responsibility for administering the account (provide resume and location for the individual representatives that the firm will assign to the account).

      4.   List the experience of the individuals assigned to the account with the Texas Water Devlopment Board’s Program (Bond Program) and placement of debt instruments with the Board. Please list the work performed, including the dollar amount of the debt issue or other financing.  Please include the names, addresses, and telephone numbers of contact persons.

      5.   Additional services – describe any other service or experience of the firm, which you deem beneficial in acting as Bond Counsel to the City.

      6.   Attach a copy of bond counsel services contract proposed by your firm without fee information.

D.  RECEIPT OF PROPOSALS

If your firm is interested in being considered as Bond Counsel for the City, proposals must be received no later than 3:00 p.m. (local time) December 09, 2024, at the office of the City.  Three (3) copies of the proposal must be sealed and clearly marked on the face of the shipping material “BOND COUNSEL RFP”.

CITY OF BANDERA
Susan Hutcherson, Grant Specialist
511 MAIN ST.
BANDERA, TX. 78003

E.   SELECTION CRITERIA

The following criteria will be used as a basis for the selection of the Bond Counsel:

F.   ADDITIONAL INFORMATION

      1.   This contract is contingent upon release of funds from the Texas Water Development Board (TWDB).

      2.   Any contract or contracts awarded under this Invitation for Bid (IFB) or Request for Proposals (RFP) are expected to be funded in part by a loan from the TWDB.  Neither the State of Texas nor any of its departments, agencies, or employees are or will be a party to this IFB, RFP, or any resulting contract.

      3.   This contract is subject to the Environmental Protection Agency’s (EPA) “fair share policy”, which includes EPA approved “fair share goals” for Minority Business Enterprise (MBE) & Women Business Enterprise (WBE), firms in the Construction, Supplies, Equipment; and Services procurement categories.  EPA’s policy requires that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to SMWBE’s. Although EPA’s policy does not mandate that the fair share goals be achieved, it does require applicants and prime contractors to demonstrate use of the six affirmative steps.  The current fair share goals for the State of Texas are 8% (eight percent) for all service categories.

      4.   Equal Opportunity in Employment -- All qualified Applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, or national origin.  Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CFR, Part 60.  Small, minority and women-owned firms are encouraged to submit proposals.