Michael McCullar, Director of Purchasing RFQ Title: Bond Counsel RFQ Opening Time and Date: Thursday, February 5, :00AM CST

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1 PURCHASING DEPARTMENT 1404 IH 35 NORTH NEW BRAUNFELS, TX Phone: Fax: RFQ Bond Counsel Issue Date: January 23, 2015 Page 1 of 11 RFQ #15-06 Michael McCullar, Director of Purchasing RFQ Title: Bond Counsel RFQ Opening Time and Date: Thursday, February 5, :00AM CST This RFQ has the following sections: Part One Instructions to Vendors Part Two Qualifications Content Part Three Contract Part Four Submittal Information Part Five Required Forms Part Six W-9 form Part One- Introduction and Instructions to Vendors: The purpose of this Request for Qualifications is to secure a firm or firms, hereinafter referred to as Offeror or Respondent or Firm to provide professional bond counsel to the Comal Independent School District, hereinafter the District, on behalf of the Board of Trustees, hereinafter the Board. Comal ISD reserves the right to reject any and all qualification statements submitted, to request additional information from one or all vendors, and negotiate any and all terms of the subsequent contract if deemed necessary. The following instructions by the Comal ISD are intended to afford an equal opportunity to participate in the request for qualification statements. COMAL ISD MAINTAINS THE RIGHT TO REJECT ANY AND ALL BIDS SUBMITTED OR TO REQUEST ADDITIONAL INFORMATION FROM ONE OR ALL VENDORS. GENERAL INFORMATION: Comal ISD encompasses an area that spans 589 square miles of central Texas, including parts of five central Texas counties: Comal, Bexar, Hays, Kendall, and Guadalupe. Within the district are the communities of Canyon Lake, Sattler, Startzville, Hancock, Fischer, Spring Branch, Smithson Valley, Bulverde, Garden Ridge, and part of the cities of San Antonio and New Braunfels. Major highways crossing the district include Interstate 35, U.S. Highway 281, and Texas Highway 46. The district has twenty nine (29) campuses and one (1) support center which houses department personnel. There are no other specifications other than what is included in this RFQ package. Any questions on this RFQ must be submitted in writing and ed to Michael McCullar, Director of Purchasing at michael.mccullar@comalisd.org. All questions or requests for clarification must be received no later than February 3, 2015 at noon to ensure that there is adequate time for the District to respond and take appropriate action (if needed) prior to the request for qualifications deadline. 1

2 I. INSTRUCTIONS A. Purpose The purpose of the request for qualifications is to obtain the services of a legal firm or firms to provide professional bond legal services to the District. B. Submissions Qualification Statements will be received by District on behalf of the Board of Trustees of the Comal Independent School District Attn: Dir. of Purchasing, 1404 IH 35 North, New Braunfels, TX Qualification Statements must be received prior to the RFQ opening time. Qualifications received after the opening time of February 5, 2015, 10:00am., CST, will not be considered. C. Withdrawal Proposals may be withdrawn any time prior to the submission deadline by submitting a written and signed request to the Director of Purchasing. D. Addenda If necessary, the District may modify the solicitation by formal written addendum that must be acknowledged, signed and submitted with the Qualifications. Failure to acknowledge and submit addenda may lead to disqualification of the Firm. No oral or informal amendment shall be binding on the District. The District will post addendums to the RFQ to the Comal ISD website on the Purchasing page and to your if you submit your address. Please send an to michael.mccullar@comalisd.org containing Firm contact name and address no later than February 3, 2015 by noon if you would like updates or addenda ed to you. E. Rejection of Offers The District reserves the right to accept or reject any or all offers, to waive informalities, and to accept offers that are deemed by the District to be most favorable to the District. F. Cost of Preparation This solicitation does not obligate or commit the District to pay any costs incurred in preparing, submitting, or making any presentation relating to the submission of an offer in response to this solicitation. G. Protests Any Respondent who is aggrieved with regard to this solicitation may protest to the Director of Purchasing. The protest shall be submitted in writing within ten working days after the facts or occurrences giving rise thereto. The Director shall have the authority to take any action reasonably necessary to resolve a protest of a Respondent concerning this solicitation. The Director shall promptly deliver a determination relating to the protest. H. Separate Contract If the Respondent requires the District to sign a separate contract, that contract must be included with the Qualifications submittal. Any separate contracts must include all the provisions of this RFQ, either by reference or specific inclusion. I. Agreement Incorporation The contents of the RFQ shall become part of any resulting agreement. The terms and conditions specified in this RFQ shall be used as a basis for a contemplated agreement. Failure of a Respondent 2

3 to accept these obligations may result in rejection. Any damages accruing to the District as a result of a Respondent s failure or refusal to execute an agreement may be recovered from the Respondent. J. Prohibition Against Contact Respondents are prohibited from approaching members of the Board or any officer or employee of the District, with the exception of the Director of Purchasing. The District may reject a Firm for violation of this clause. K. Negotiations The District may negotiate with a Firm or Firms, judged to be the most capable, competent and qualified, to arrive at a fair and reasonable fee for the services required. However, the District reserves the right to recommend award without negotiations. L. Award of Contract An award of contract resulting from this RFQ will be made by action of the Board. M. Required Forms Respondent must complete or respond to all sections of the RFQ. Failure to do so may be grounds to declare an offer non-responsive. N. Requisite Number of Copies A total of five (5) copies of each response are required. Failure to provide the required number of copies may result in the Firm being declared non-responsive. O. Questions Questions regarding this RFQ shall be directed in writing to Michael McCullar, Director of Purchasing via at michael.mccullar@comalisd.org or by U.S. Postal Service to the Attn: Michael McCullar, 1404 IH 35 North, New Braunfels, TX The District will post answers to questions on the Comal ISD website on the Purchasing page and to your if you submit your address. P. Evaluation Recommendations for contract award will include but not be limited to the following items: The technical competence of the Respondent The reputation of the Respondent and of the Respondent s services The quality of the Respondent s services The qualifications of the Respondent The completeness of the proposal The ability to meet the District s needs Any other relevant factors specifically mentioned in this RFQ Q. Term The contract for legal services based upon Board of Trustees approval of the proposal will be for one year. The Comal Independent School District may annually extend this agreement for up to another four additional years, following satisfactory delivery of the services specified in the proposal. 3

4 II. PROPOSAL CONTENT A. Performance Statement, Special Terms and Conditions The District seeks proposals from qualified firms and/or individuals to serve as the District s legal bond counsel only. The District may engage one or more qualified firm(s) from time to time in the same area of practice. The selected area of practice outlined in Scope of Work is independent of other legal services with respect to qualifications required to receive District engagement. Familiarity and experience with the laws of the State of Texas, Federal law, school law, and the courts systems in Bexar, Comal, Guadalupe, Hays, Kendall and Travis counties is required and shall be considered in selecting legal counsel for each type of engagement. B. Scope of Work The Comal Independent School District Board of Trustees seeks proposals from qualified firms and individuals for bond counsel. The District desires to identify qualified and competent attorney(s) and/or firm(s) having significant and extensive expertise and experience in public bond issuance. The following is a list of the most common areas of practice but does not include all areas that may be required. Assignments may include, but not limited to: policy development, review and/or drafting of documents, briefs, opinions, negotiations, litigation, research, advice and other related duties requested by the District for bond related issues only. Finance for Texas Public School Districts and state laws and regulations related to finance matters including bond counsel services, and tax-exempt status for public agencies. Be on call to attend Board meetings, with adequate notice by special request of the Superintendent or Board President. Conduct workshops or training for the Board, Superintendent, administrators, or employees on bond related legal issues. C. Qualifications/Proposal Contents NOTE: Responses shall contain the following information and shall be submitted in the order shown below. Please address each section in your statement of qualifications and divide each section of your response with identifying tabs. i. A written summary that fairly and briefly describes proficiency, experience, and capability to provide professional bond counsel. (Include the percentage of your practice that is devoted to school bond law.) ii. A list, by individual to be assigned to the District, of credentials and brief biography of all principals and staff attorneys that would service the District, showing formal education, certification and experience in bond matters. iii. A list of clients that are most comparable to Comal Independent School District in size and complexity, denoting whether they are active or inactive clients at the time of Proposal. iv. A list of all clients for the last five (5) years. v. A sample engagement letter and/or contract. vi. A list of active professional memberships by individual. vii. A general statement of philosophy regarding the role of bond counsel in the setting of a Texas public school district. 4

5 viii. A listing of the principals and staff attorneys most current professional continuing education activities conducted within the last twenty four (24) months. ix. Provide a copy of the firm s Professional Liability Insurance coverage. x. Please state whether any of the firm or principals or staff attorneys to be assigned to the District account have ever had a grievance or complaint submitted pursuant to the applicable disciplinary rules or has ever been sued for malpractice in connection with any type of legal representation within the last ten (10) years. xi. Complete and sign all forms included in the RFQ. In a separate sealed envelope: 1. A general fee structure for all professional and support staff and 2. A listing of reimbursable expenses that would be appropriate for the District account. D. Evaluation Each Proposal will be evaluated by a committee based on the following criteria: Firm s Bond Issue experience Possible 30 Points Proposed attorneys bond issuance experience Possible 30 Points Legal experience related to Education and School Districts Possible 15 Points Legal experience in the State of Texas Possible 15 Points Client lists and references Possible 10 Points Total Possible 100 Points E. Negotiations The District may choose to negotiate with any, all, or none of the respondents to achieve the best value for the district. III. CONTRACT a. The successful Firm(s) will be required to enter into a contract with the District. A proposed draft contract should be included in the Respondent s proposal. b. The contract should clearly define the services the attorney or firm provides as part of a retainer and differentiate between those items covered in a retainer and those that will be billed at an hourly rate or by other method. c. The contract will be monitored for acceptable services rendered throughout the contract period. The District reserves the right to cancel the contract, in part or in whole, for any reason or no reason, without penalty, with thirty (30) days notice. Firm shall not be entitled to any lost profits or other compensation not earned prior to the time of cancellation. d. Contracts shall be for services that are a commitment of current revenue only and is conditioned on the best efforts by the District to appropriate funds for payment of the contract. 5

6 IV. SUBMITTAL INFORMATION All responses to this solicitation must meet the following conditions to be considered: Bid must include a cover letter clearly stating the name of the firm and the name, address, and telephone number of the bidder s representative; Comal ISD will not be liable for any cost incurred in the preparation of any response; One (1) original and four (4) copies of the bid must be received by Thursday, February 5, 2015 at 10:00 AM CST. PLEASE INDICATE THE RFQ NUMBER ON THE OUTSIDE OF THE ENVELOPE AS FOLLOWS: Sample format of the remittance envelope: Your firm name Your return address info Comal ISD Purchasing Department 1404 IH 35 North New Braunfels, TX RFQ #15-06 Bond Counsel RFQ Opening Date/Time: Thursday, February 5, 2015 at 10:00 AM CST. 6

7 V. REQUIRED FORMS REPRESENTATIONS AND CERTIFICATIONS By submitting this offer, the vendor certifies that he/she is a responsible authorized officer of the company and certifies the accuracy of the following statements: a. Represents that to the best of its knowledge it is not indebted to the Comal Independent School District. Indebtedness to the District may be basis for non-award and/or cancellation of any award. b. Certifies that no suspension or debarment is in place, which would preclude receiving a federally funded contract. c. Section Subsection (a) of the Texas Education Code requires a person or business entity that enters into a contract with a school district must give advance notice to the district if the person and/or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. Subsection (c) this notice is not required of a publicly held corporation. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge (check only one item). 1. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. 2. My firm is not owned nor operated by anyone who has been convicted of a felony. 3. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Name of Felon(s): Details of Conviction(s): d. "Non-Collusion Statement": "The undersigned affirms that they are duly authorized to execute this service agreement, that this company, corporation, firm, partnership, etc., or individual has not prepared this bid in collusion ( An agreement between two or more persons to deceive the school district or defraud the school district of its rights.) with any other bidder, school board member, or school district employee, and that the contents of this bid as to prices, quality of product, terms and/or conditions, etc., have not been communicated by the undersigned nor by any other employee, agent and/or representative of the company, corporation, firm, partnership, etc., or individual to any other person engaged in this type of business prior to the official opening of this bid for the intent or purpose of collusion. e. The undersigned attests that they are a duly authorized employee by their company to bind said company to the prices offered and to the terms and conditions of this bid. f. No employee of the District shall have a direct financial interest in any contract with the district, nor shall any employee have a direct financial interest in the sale of any land, equipment, supplies, materials, or service. Any violation of this policy will render the contract null and void unless such contract is approved by the Comal ISD Board of Trustees after full disclosure. Therefore, vendor shall note any and all relationships that might be a conflict of interest and shall include such information with the bid/bid response. 7

8 This district has implemented a no contact policy during the bidding process. This means that from the date the solicitation is issued until the date the bid is awarded by the board, there shall be no contact by any vendor to any district employee (excluding the Director of Purchasing) or board member in relation to this bid, unless authorized by the Director of Purchasing. The undersigned attests that no employee or representative of the company has violated C.I.S.D. s No Contact policy. Name: Date: Signature: 8

9 SUSPENSION AND DEBARMENT CERTIFICATION RFQ Bond Counsel Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods and services equal to or in excess of $100,000 and all nonprocurement transactions (e.g., sub- awards to sub-recipients). Firms receiving individual awards of $100,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. Before an award of $100,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency. Name of Firm: Signature of Authorized Official: Printed Name: Date Signed: 9

10 Criminal History Record Information Review of Certain Contract Employees and Senate Bill 9 Texas Education Code Chapter 22 requires an independent contractor who provides services to a school district to submit to a criminal history review if the independent contractor will have continuing duties related to the contracted services and direct student contact. Each independent contractor must certify to the District that the contractor has complied. A covered independent contractor with a disqualifying criminal history is prohibited from serving at a school district. The following offenses are disqualifying if, at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. The District reserves the right to designate other convictions or other criminal history information as disqualifying. I certify that I have obtained all required criminal history record information regarding myself through the Texas Department of Public Safety s Fingerprint-based Applicant Clearinghouse of Texas (FACT). I further certify that I do not have a disqualifying criminal history. I agree to notify the District in writing within 3 business days if I am arrested or adjudicated for a disqualifying reason during the contract term. I agree to provide the District, upon request, my full name and any other requested information so that the District may obtain my criminal history record information. I understand that the District may terminate my services at any time if the District determines, at its sole discretion, that my criminal history is not acceptable. Noncompliance or misrepresentations regarding this certification may be grounds for contract termination. Printed Name Date Signature 10

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