BOND COUNSEL REQUEST FOR PROPOSALS AND STATEMENTS OF QUALIFICATIONS

CITY OF MINERAL WELLS, TEXAS

BOND COUNSEL

REQUEST FOR PROPOSALS

AND

STATEMENTS OF QUALIFICATIONS

To provide assistance with respect to possible loan and/or principal forgiveness funding through the Texas Water Development Board (the “TWDB”) and to provide objective legal opinion with respect to the validity of any evidences of indebtedness (the “Obligations”) issued by City of Mineral Wells, Texas (the “City”) for capital financing.

A. INTENT OF PROPOSAL

The City is soliciting proposals and statements of qualifications from interested qualified professionals to provide the following services: assist in obtaining loan and/or loan forgiveness funding and to provide legal opinion with respect to validity of any Obligations issued by the City for capital financing or refinancing; preparation of ordinances, orders and/or resolutions authorizing and securing the Obligations (the “Ordinance”) and/or authorizing any principal forgiveness agreements as necessary. This solicitation is intended to cover any financial assistance received by the City from the TWDB for a period of three years following the date of award of any contracts pursuant hereto, including, but not limited to, financial assistance from the Drinking Water State Revolving Fund, Clean Water State Revolving Fund, Development Fund, Rural Water Assistance Fund, Flood Infrastructure Fund, EDAP, or any other financial assistance program administered by the TWDB during said three-year period. The City reserves the right to accept or reject any or all proposals for any reason it finds to be in the best interests of the City.

The City seeks to afford the opportunity for qualified small business enterprise (“SBE”), minority business enterprise (“MBE”) and women-owned business enterprise (“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 Obligations and/or loan forgiveness funding.
• Render an objective legal opinion with respect to validity of any Obligations issued by the City.
• Examine applicable law.
• Prepare the Ordinance and other documents necessary to authorize any Obligations and/or principal forgiveness agreements with the TWDB.
• Consult with the parties to the transaction prior to the issuance of Obligations or entry into principal forgiveness agreements.
• Secure TWDB and Texas Attorney General approval of any Obligations and the registration of the Obligations 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 issue of Obligations.

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 political subdivisions in Texas and other information relevant to the provision of Bond Counsel Services.

1. General information about the firm.
   1. Name, address, and telephone number of the firm.
   2. History of the firm.
   3. List names and titles of officers of the firm who will be directly responsible for Bond Counsel services.
   4. Information pertaining to the firm’s compliance with licensing and other requirements.

1. References.

List of three (3) references to those listed in #1 above.

1. 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).
2. List the experience of the individuals assigned to the account with the TWDB’s loan programs and placement of debt instruments with the TWDB. 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.
3. Additional services - describe any other service or experience of the firm, which you deem beneficial in acting as Bond Counsel to the City.
4. 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 filed received no later than 2:00 P.M. (Central Time) on Friday, March 14, 2025, at the City Hall, 115 SW 1st St, Mineral Wells, TX 76068. Three (3) copies of the proposal must be sealed and clearly marked on the face of the shipping material “BOND COUNSEL RFP”.

E. SELECTION CRITERIA

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

• EXPERIENCE OF PERSONNEL - 30 POINTS

To assess the background and experience of the personnel in working with Texas political subdivisions.

• TEAM MEMBERS - 25 POINTS

To identify the personnel the firm proposes to commit on a day-to-day basis and evaluate the specific qualifications of these individuals.

• REFERENCES  - 15 POINTS

To demonstrate client satisfaction and the candidate’s familiarity with public securities issues sold to the TWDB.

• TEXAS WATER DEVELOPMENT BOARD FINANCING PROGRAMS - 30 POINTS

To provide a preference to firms with experience using the TWDB’s financing programs.

TOTAL 100 POINTS

F. ADDITIONAL INFORMATION

1. This contract is contingent upon release of funds from the TWDB.
2. Any contract or contracts awarded under this Request for Proposals and Statements of Qualifications are expected to be funded in part by a loan and/or loan forgiveness funds received from the TWDB. Neither the State of Texas nor any of its departments, agencies, or employees are or will be a party to this Request for Proposals and Statements of Qualifications 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 MBE and 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 small, minority and women-owned business enterprise (“SMWBE”) firms. Although EPA’s policy does not mandate that the fair share goals be achieved, it does require applicants and prime contractors to demonstrate us of the six affirmative steps. For more details of the DBE Program and the current, applicable fair share goals, please visit www.twdb.texas.gov/dbe
4. Equal Opportunity in Employment - All qualified Applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap of national origin. Bidders on this work will be required to comply with the President’s Executive Order No. 11246, as amended by Executive Order 11.375, and as supplemented in Department of Labor regulations 41 CFR; Part 60.
5. SMWBE firms are encouraged to submit proposals.