LIBERTY INDEPENDENT SCHOOL DISTRICT, LIBERTY,TEXAS REQUEST FOR PROPOSAL DELINQUENT TAX ATTORNEY RFP #13-01

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1 LIBERTY INDEPENDENT SCHOOL DISTRICT, LIBERTY,TEXAS REQUEST FOR PROPOSAL DELINQUENT TAX ATTORNEY RFP #13-01

2 TABLE OF CONTENTS I. INSTRUCTIONS... 3 A. BID INFORMATION... 3 B. BID PROPOSAL FORMAT... 4 C. EVALUATION CRITERIA AND FACTORS... 4 D. LATE PROPOSALS... 4 E. ALTERING PROPOSALS... 4 F. WITHDRAWAL OF PROPOSAL... 4 G. RECEIVED AND PUBLICLY ACKNOWLEDGED... 4 & 5 II. SCOPE OF WORK... 5 A. PURPOSE... 5 & 6 B. INFORMATION/QUESTIONS... 6 C. EVALUATION CRITERIA AND FACTORS... 6 & 7 D. SUBMITTAL... 7 E. COMPENSATION SUBMITTAL... 8 F. QUALIFICATIONS/EXPERIENCE/CREDENTIALS... 8 & 9 G. TERM... 9 H. BIDDER RESPONSIBIITY... 9 & 10 III. GENERAL CONTRACT TERMS AND CONDITIONS A. CONTRACT B. CONFLICT OF INTEREST C. CONFIDENTIALITY D. ADDENDA & 11 E. CHANGE ORDERS F. ASSIGNMENT G. VENUE H. SUBMITTAL OF CONFIDENTIAL MATERIAL I. SUCCESSFUL OFFERER SHALL J. SALES TAX K. PROPOSALS/BIDDERS MUST COMPLY WITH L. PATENTS/COPYRIGHTS M. TERMINATION OF CONTRACT N. PERFORMANCE OF CONTRACT O. INSURANCE & 13 VENDOR REFERENCES AFFIDAVIT EXHIBIT A EXHIBIT A EXHIBIT A LIBERTY INDEPENDENT SCHOOL DISTRICT, LIBERTY, TEXAS Page 2 of 18

3 I. INSTRUCTIONS REQUEST FOR PROPOSAL DELIQUENT TAX ATTORNEY RFP #13-01 A. RETURN ONE (1) PAPER COPY AND A FLASH DRIVE PDF VERSON OF THE ENTIRE PROPOSAL TO: OR DELIVER TO LINDA ILER: LIBERTY ISD BUSINESS OFFICE 1600 GRAND AVE LIBERTY, TX LIBERTY ISD BUSINESS OFFICE 1600 GRAND AVE. LIBERTY, TX In the event of inclement weather and School Offices are officially closed on a RFP opening day, RFPs will be received until 2:00 p.m. of the next business day, at which time said RFPs will be publicly opened. The Enclosed REQUEST FOR PROPOSAL is for your convenience in submitting an offer for the enclosed referenced services for Liberty Independent School District. Sealed proposals shall be received no later than: 2:00 P.M.,Tuesday, May 7, 2013 MARK ENVELOPE: If offerer does not wish to submit an offer at this time but desires to remain on the list for this service, please submit a "NO OFFER" by the same time and at the same location as stated above. If response is not received for three consecutive RFP's, offerer shall be removed from list. If however, you choose to "NO OFFER" this service and wish to remain on list for other services, please state the particular service under which you wish to be classified. Liberty Independent School District is always very conscious and extremely appreciative of the time and effort you must expend to submit an offer. We would appreciate your indicating on any "NO OFFER" response and requirements of this RFP which may have influenced your decision to "NO OFFER". B. IT IS UNDERSTOOD THAT Liberty Independent School District, Page 3 of 18

4 reserves the right to accept or reject any and/or all proposals as it shall deem to be in the best interest of Liberty Independent School District. Receipt of any proposal shall under no circumstances obligate Liberty Independent School District to accept the lowest proposal. The award of the contract shall be made to the responsible offerer whose proposal is determined to be the lowest and best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other evaluation factors set forth in the request for proposal. C. PROPOSALS SHALL include this RFP and all additional documents submitted. Each proposal shall be placed in a separate sealed envelope, manually signed in ink by a person having the authority to bind the firm in a contract and marked clearly on the outside. Facsimile transmittals shall not be accepted. D. LATE PROPOSALS: Proposals received in LISD Business Office after submission deadline shall be returned unopened and will be considered void and unacceptable. LISD is not responsible for lateness of mail, carrier, etc., and time/date noted in Business Office shall be the official time of receipt. E. ALTERING PROPOSALS: Any interlineation, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity. F. WITHDRAWAL OF PROPOSAL: A proposal may not be withdrawn or cancelled by the offerer for a period of ninety (90) days following the date designated for the receipt of proposal, and offerer so agrees upon submittal of their proposal. G. PROPOSALS WILL BE received and publicly acknowledged at the location, date, and time stated on page 3. Offerers, their representatives and interested persons may be present. Proposals shall be received and acknowledged only so as to avoid disclosure of the contents to competing offerers and kept secret during the negotiation/evaluation process. However, all proposals shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the proposal so identified by offerer as such Page 4 of 18

5 II. SCOPE OF WORK: A. PURPOSE LISD's intent of this Request for Proposal and resulting contract is to obtain proposals from and the services of a qualified professional law firm with extensive experience in the collection of delinquent taxes. 1. LISD shall employ a firm to enforce by suit or otherwise the collection of all delinquent taxes, penalties and interest owing to Liberty Independent School District. a. No suit shall be filed to collect a tax on real property unless a title search has been conducted on the property. Before filing a delinquent tax suit on real property, the delinquent tax attorney shall provide the collector with a copy of the title search that has been completed on the property. b. A sample of the Firm s title research shall be included as part of the proposal. 2. LISD shall furnish all necessary delinquent tax information to the awarded firm on all property within the boundaries of Liberty Independent School District. The awarded firm shall determine the name, identity and location of necessary parties and procures necessary legal descriptions of property and recover the costs of obtaining such information. 3. The awarded firm shall advise LISD of errors, double assessments or other discrepancies coming under observation during the progress of the work. 4. The awarded firm shall intervene on behalf of LISD in all suits for advalorem taxes filed by any other taxing unit on property located within its boundaries. 5. The awarded firm shall make delinquent tax collection progress reports to Liberty Independent School District monthly. 6. LISD agrees to pay the awarded firm the fifteen percent (15%) [Texas Property Tax Code Section 6.3 ] collection fee actually collected and paid to the collector of taxes during the term of this contract. 7. The awarded firm will represent LISD in all delinquent property taxes suits, bankruptcy hearings and property tax Page 5 of 18

6 hearings before federal agencies. 8. All interested offerers may obtain data information of LISD s Delinquent Tax Roll by submitting a Public Information Act request to Jo Ann Smith at for a fee of $ Any analysis, reports, or interpretation of LISD s Delinquent Tax Roll should be submitted with the offerer s proposal only. Offerers should not submit any documentation to LISD or any of its officials or staff members prior to the proposal submittal deadline. 10. Supplemental information or materials shall be directed to the Chief Financial Officer for distribution. B. INFORMATION/QUESTIONS Requests for information regarding information not explained elsewhere shall be directed to: Margaret Lee, CFO 1600 Grand Avenue Liberty, TX C. EVALUATION CRITERIA AND FACTORS The award of the contract shall be made to the responsible offerer whose proposal is determined to be the lowest evaluated offer resulting from negotiations, taking into consideration the relative importance of price and other factors set forth in the Request for Proposals in accordance with the Texas Local Government Code, Chapter 262. The evaluation criteria will be grouped into percentage factors as follows: 20% Offerer's qualifications/experience/credentials. 1. Financial stability. 2. Demonstrated prior experience in providing similar services. 20% Offerer's adherence to the requirements of Request for Proposal 20% Offerer's proposed compensation and demonstrated ability to effectively collect Page 6 of 18

7 40% The proposed service meeting Liberty Independent School District's needs and requirements. 1. Bidder s responsibility clearly defined. 2. LISD s participation and responsibility clearly defined. 3. Demonstrated ability to fully meet the needs of LISD. Negotiations may be conducted with responsible bidders who submit proposals determined to be reasonably susceptible of being selected for award. All bidders will be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. Revisions to proposals may be permitted after submission and before award for the purpose of obtaining best and final offers. D. SUBMITTAL: For proper comparison and evaluation, LISD requests that proposals address, at a minimum, the following format. 1. Cover Letter - A brief introductory letter of representation. 2. Executive Summary - A brief summary highlighting the most important points of the proposal. If used, the Summary should not exceed five pages. 3. Degree of Compliance - A statement that services quoted in proposal are in full accord with the specifications or a brief listing of all those specification sections to which the offerer takes exception. All comments shall be listed and numbered in order of the respective article of the specification. 4. Descriptive Literature - Illustrative or descriptive literature, brochures that provide additional information concerning the Offerer s firm with regard to issues addressed in the RFP. 5. Contractor Background Information - This section should include a description of the offerer s experience with other services similar to the one described herein. This information should include, at Page 7 of 18

8 a minimum, the information requested herein. A sample of the Firm s title research shall be included as part of the proposal. The proposal shall contain the compensation method for all delinquent tax, penalty, and interest collected and all provisions thereof, including benefits and responsibilities of LISD as required in Section E below. Also include Firms experience by providing the collection data for at least the three largest taxing entities, one of which is an entity our size, under contract to offerer s firm as required in Exhibit A-1 thru A References - Offerer shall supply with this proposal a list of at least three (3) references from the entities listed in Item F below. Include name of taxing jurisdiction, address, telephone number and name of representative, and period of time for which offerer has been under contract with the entity. 7. Affidavit as required herein. E. COMPENSATION SUBMITTAL The proposal shall contain the compensation method for all delinquent tax, penalty, and interest collected and all provisions thereof, including benefits and responsibilities of LISD. F. QUALIFICATIONS/EXPERIENCE/CREDENTIALS Offerer shall submit information on its organization, experience and staff assigned to the project; provide headquarters, nearest office and managing office for the projects stated herein; and show level of organizational responsibility of key projects staff members by submitting resumes of such. A prospective offerer must affirmatively demonstrate its responsibility by providing evidence of the following requirements: 1. Adequate financial resources, or the ability to obtain such resources as required; 2. A satisfactory record of performance; 3. A satisfactory record of integrity and ethics; 4. Qualification and eligibility to receive an award; 5. Its willingness to work directly with the Tax Office; 6. Its expertise by furnishing resumes of key members of the firm assigned to Liberty Independent School District, including that of the particular attorney Page 8 of 18

9 representing Liberty Independent School District; 7. A minimum of five (5) years experience in filing and processing bankruptcy claims; 8. Its experience by providing the following data for at least the three largest taxing entities under contract to offerer s firm. At least one should be of comparable size to LISD. This data should show a collection history for the tax years of 2007, 2008, 2009, 2010 and 2011 expressed as follows in both dollars and as a percentage: a. Original levy for each tax year. b. Amount of original levy remaining delinquent on June 30th of the following year (i.e. amount of current year tax turned over to law firm for each year requested) c. Amount of original levy remaining delinquent on June 30th of the first year following turnover to law firm (i.e. amount of the current year remaining delinquent after the first year of collection effort by law firm). d. The amounts shown must be certified as correct by the collector for each taxing entity by completing the form attached to this Request For Proposal as Exhibit A-1, A-2, A-3. G. TERM The initial term of the contract shall be for a two (2) year period beginning September 1,2013 through August 31, 2015, with an option to renew for an additional 3 year term at the discretion of Liberty Independent School District Board of Trustees. H. BIDDER RESPONSIBILITY It is the responsibility of each vendor before submitting a proposal: 1. To examine thoroughly the contract documents and other related data identified in the proposal documents. 2. To consider federal, state, and local laws and regulations that may affect costs, progress, performance or furnishing of the work. 3. To study and carefully correlate vendor s knowledge and observations with the contract documents and such other related data. 4. To promptly notify the Business Director of all Page 9 of 18

10 conflicts, errors, ambiguities, or discrepancies which vendor has discovered in or between the contract documents and such other related documents. III. GENERAL CONTRACT TERMS AND CONDITIONS A. CONTRACT This request for proposal, submitted documents, and any negotiations, when properly accepted by Liberty Independent School District, shall constitute a contract equally binding between the successful offerer and Liberty Independent School District. No different or additional terms will become a part of this contract with the exception of a Change Order. B. CONFLICT OF INTEREST No public official shall have any interest in this contract, except as permitted by and subject to the disclosure requirements of Vernon's Texas Codes Annotated, Local Government Code, Title 5, Subtitled C, Chapter 171. C. CONFIDENTIALITY All information disclosed by LISD to successful offerer for the purpose of the work to be done or information that comes to the attention of the successful offerer during the course of performing such work is to be kept strictly confidential. D. ADDENDA Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority of addenda shall be vested in LISD Chief Financial Officer. Addenda will be mailed to all who are known to have received a copy of this Request for Proposal. Offerers shall acknowledge receipt of all addenda. E. CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms. F. ASSIGNMENT The successful offerer shall not sell, assign, transfer or convey any contract resulting from this RFP, in whole or in part, without the prior written consent of LISD Board of Trustees. Page 10 of 18

11 G. VENUE This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Liberty Independent School District, Texas. H. SUBMITTAL OF CONFIDENTIAL MATERIAL Any material that is to be considered as confidential in nature must be clearly marked as such by the offerer and will be treated as confidential by Liberty Independent School District. I. SUCCESSFUL OFFERER SHALL Successful offerer shall defend, indemnify and save harmless Liberty Independent School District and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful offerer, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from proposal award. Successful offerer shall pay any judgment with cost which may be obtained against Liberty Independent School District growing out of such injury or damages. J. SALES TAX Liberty Independent School District is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the proposal price shall not include taxes. K. PROPOSALS/OFFERERS MUST COMPLY WITH: All federal, state, county and local laws governing or covering this type of service. L. PATENTS/COPYRIGHTS The successful offerer agrees to protect Liberty Independent School District from claims involving infringements of patents and/or copyrights. M. TERMINATION OF CONTRACT This contract shall remain in effect until contract expires, completion and acceptance of services or default. LISD reserves the right to terminate the contract immediately in the event the successful offerer fails to: 1. meet delivery or completion schedules, or 2. otherwise perform in accordance with the accepted Page 11 of 18

12 proposal. Breach of contract or default authorizes LISD to award to another offerer, purchase elsewhere and charge the full increase cost to the defaulting offerer. Either party may terminate this contract upon a thirty (30) days' written notice of cancellation to the other party. The notice must contain therein the reasons for such cancellation. Prior written notice must be delivered in person or sent by registered or certified mail, return receipt requested, proper postage paid, and properly addressed to the other party at the address on the affidavit for the contractor or to the CFO, 1600 Grand Avenue, Liberty, Texas N. PERFORMANCE OF CONTRACT LISD reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the school district in the event of breach or default or resulting contract award. O. INSURANCE Before commencing work, the successful offerer shall be required, at his own expense, to furnish the LISD CFO within ten (10) days of notification of award with evidence showing the following insurance coverage to be in force throughout the term of the contract: 1. Worker's Compensation in accordance with State Territorial Worker's Compensation Laws; and Employer's Liability Insurance: 2. Public Liability and property damage insurance coverage including, but not limited to, the liability assumed in the indemnification provisions (as specified in this RFP) fully insuring contractor's and/or subcontractor's liability for injury to, or death of, county employees and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a minimum combined coverage for each occurrence of $500, Each insurance policy to be furnished by successful offerer shall include, by endorsement to the policy, a statement that a written notice shall be given to Liberty Independent School District by certified mail thirty (30) days prior to Page 12 of 18

13 cancellation or upon any material change in coverage. VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The School District prefers customers of similar size and scope of work to this proposal. THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL. REFERENCE ONE Government/Company Name: Address: Contact Person and Title: Page 13 of 18

14 Phone: Fax: Contract Period: Scope of Work: REFERENCE TWO Government/Company Name: Address: Contact Person and Title: Phone: Fax: Contract Period: Scope of Work REFERENCE THREE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Contract Period: Scope of Work Page 14 of 18

15 AFFIDAVIT The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final and if bid is accepted (within 90 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF TEXAS COUNTY OF Liberty BEFORE ME, the undersigned authority, a Notary Public in and for the State of, on this day personally appeared who, after having first been duly sworn, upon oath did depose and say; That the foregoing proposal submitted by hereinafter called "Bidder" is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name and Address of Bidder: (Company) (Address) (City, State, Zip) (Phone/Fax) (Federal ID Number) (Signature) (Name printed or typed) (Title) SWORN TO AND SUBSCRIBED BEFORE ME THIS day of, 20. Notary Public in and for the State of. Page 15 of 18

16 EXHIBIT A-1 NAME OF TAXING UNIT If the taxing unit or Appraisal District collects for more than one taxing unit and the figures shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use additional page if necessary.) Name of TAC/Chief Appraiser Telephone # of TAC/Chief Appraiser Fax # of TAC/Chief Appraiser 2011 Tax Year Original 2011 tax levy $ Amount of 2011 tax due $ Amount of 2011 tax due $ Total Collections in FY 2012 $ 2010 Tax Year Original 2010 tax levy $ Amount of 2010 tax due $ Amount of 2010 tax due $ Total Collections in FY 2011 $ 2009 Tax Year Original 2009 tax levy $ Amount of 2009 tax due $ Amount of 2009 tax due $ Total Collections in FY 2010 $ 2008 Tax Year Original 2008 tax levy $ Amount of 2008 tax due $ Amount of 2008 tax due $ Total Collections in FY 2009 $ 2007 Tax Year Original 2007 tax levy $ Amount of 2007 tax due $ Amount of 2007 tax due $ Total Collections in FY 2008 $ I, am the Tax-Collector/Chief Appraiser of the above named taxing unit, do certify that I have reviewed the tax collection data given above and that it is correct. Signature Date Page 16 of 18

17 EXHIBIT A-2 NAME OF TAXING UNIT If the taxing unit or Appraisal District collects for more than one taxing unit and the figures shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use additional page if necessary.) Name of TAC/Chief Appraiser Telephone # of TAC/Chief Appraiser Fax # of TAC/Chief Appraiser 2011 Tax Year Original 2011 tax levy $ Amount of 2011 tax due $ Amount of 2011 tax due $ Total Collections in FY 2012 $ 2010 Tax Year Original 2010 tax levy $ Amount of 2010 tax due $ Amount of 2010 tax due $ Total Collections in FY 2011 $ 2009 Tax Year Original 2009 tax levy $ Amount of 2009 tax due $ Amount of 2009 tax due $ Total Collections in FY 2010 $ 2008 Tax Year Original 2008 tax levy $ Amount of 2008 tax due $ Amount of 2008 tax due $ Total Collections in FY 2009 $ 2007 Tax Year Original 2007 tax levy $ Amount of 2007 tax due $ Amount of 2007 tax due $ Total Collections in FY 2008 $ I, am the Tax Assessor-Collector/Chief Appraiser of the above named taxing unit, do certify that I have reviewed the tax collection data given above and that it is correct. Signature Date EXHIBIT A-3 Page 17 of 18

18 NAME OF TAXING UNIT If the taxing unit or Appraisal District collects for more than one taxing unit and the figures shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use additional page if necessary.) Name of TAC/Chief Appraiser Telephone # of TAC/Chief Appraiser Fax # of TAC/Chief Appraiser 2011 Tax Year Original 2011 tax levy $ Amount of 2011 tax due $ Amount of 2011 tax due $ Total Collections in FY 2012 $ 2010 Tax Year Original 2010 tax levy $ Amount of 2010 tax due $ Amount of 2010 tax due $ Total Collections in FY 2011 $ 2009 Tax Year Original 2009 tax levy $ Amount of 2009 tax due $ Amount of 2009 tax due $ Total Collections in FY 2010 $ 2008 Tax Year Original 2008 tax levy $ Amount of 2008 tax due $ Amount of 2008 tax due $ Total Collections in FY 2009 $ 2007 Tax Year Original 2007 tax levy $ Amount of 2007 tax due $ Amount of 2007 tax due $ Total Collections in FY 2008 $ I,, am the Tax Assessor-Collector/Chief Appraiser of the above named taxing unit, do certify that I have reviewed the tax collection data given above and that it is correct. Signature Date Page 18 of 18

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