BOND & GRANT COUNSEL REQUEST FOR PROPOSALS

To provide objective legal opinion with respect to assessing the viability of authorizing and issuing evidences of indebtedness and of executing contractual grant agreements to the City of Los Fresnos for any capital financing or refinancing as may be necessary, including, but not limited to, the Texas Water Development Board’s Drinking Water State Revolving Fund (DWSRF) and Clean Water State Revolving Fund (CWSRF).

A.  INTENT OF PROPOSAL

The City of Los Fresnos is soliciting Request for Proposals (RFP) and Statement of Qualifications from interested qualified professionals to provide the following: legal opinion with respect to assessing the viability of authorizing and issuing evidences of indebtedness and of executing contractual grant agreements to the City of Los Fresnos for any capital financing or refinancing; preparation of resolution, indenture or order authorizing and securing the Bonds (the “Order”) and other authorizing documents. The City of Los Fresnos 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.

This contract is subject to the Environmental Protection Agency's (EPA) Disadvantaged Business Enterprise (DBE) Program, which includes EPA-approved fair share goals toward procurement of Minority and Women-owned Business Enterprise (M/WBE) businesses. EPA rules require that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts, and procurements to M/WBEs through demonstration 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.

B.  SCOPE OF SERVICES

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

• Render an objective legal opinion with respect to assessing the viability of authorizing and issuing evidences of indebtedness and of executing contractual grant agreements.
• Examine applicable law.
• Prepare resolution, indenture or order authorizing and securing the Bonds (the “Order”) 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 Proposal 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.
   • Name, address and phone number of the firm.
   • History of the firm.
   • List name and titles of officers of the firm who are directly responsible for bond and grant counsel services.
   • Information pertaining to the firm’s compliance with licensing and other requirements.
2. References.
   • List of three (3) references to those listed in #1 above.
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 Development Board’s Drinking Water State Revolving Fund (DWSRF) and Clean Water State Revolving Fund (CWSRF) 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 phone numbers of contact persons
5. Additional services - describe any other service or experiences of the firm which you deem beneficial in acting as Bond and Grant Counsel to the City of Los Fresnos.
6. Fees, expenses and compensation.
   • Provide the firm’s Bond and Grant Counsel fee schedule for professional services and describe the basis on which the fees are calculated.  Details of any alternate method of compensation such as hourly fees or annual retainers your firm would consider.
   • List all expenses pertaining to the project that will be reimbursable by the City of Los Fresnos. 
   • Attach a copy of bond and grant counsel services contract proposed by your firm.

D.        RECEIPT OF PROPOSALS

If your firm is interested in being considered as Bond and Grant Counsel for the City of Los Fresnos, proposals must be received no later that 4:00 p.m. on October 19, 2022, at the office of the City Manager.  Four (4) copies of the proposal must be sealed and clearly marked on the face of the shipping material “BOND COUNSEL” RFP.