The Appointment of Outside Legal Counsel for the San Antonio Economic Development Corporation
| Agency: | City of San Antonio |
|---|---|
| State: | Texas |
| Level of Government: | State & Local |
| Category: |
|
| Opps ID: | NBD13415188931624973 |
| Posted Date: | Feb 14, 2024 |
| Due Date: | Mar 18, 2024 |
| Source: | Members Only |
The Appointment of Outside Legal Counsel for the San Antonio Economic Development Corporation
The City of San Antonio, through its City Attorney's Office, is soliciting written Qualifications and Statements of Interests from individual attorneys or law firms who have the requisite experience to represent the SAEDC, and perform the services described in this RFQ themselves or in conjunction with members of their firm.
The selected firm shall assist the San Antonio Economic Development Corporation in actively accomplishing its mission, including, but not limited to, representation in various aspects of law, such as advising, counseling, and rendering legal opinions to the SAEDC Board of Directors and assigned city staff concerning laws related to economic development; strategic investments (especially in the field of startups, biosciences, renewable energy and cyber security industries); joint ventures, mergers, acquisitions, and divestitures; and real and personal property acquisition or divestiture, site development, facility construction and/or restoration.
Responses are due on Monday, March 18, 2024 by 4:00 p.m. Central Time. All responses should be sent to the City Attorney's Office c/o Orlando Rodriguez at 203 S. St. Mary's Street, 2nd Floor, San Antonio, Texas 78205. Any proposal received after this date and time will not be accepted.
| Document | Type | Size |
| RFQ Document | 207.57 KB |
Attachment Preview
CITY OF SAN ANTONIO
CITY ATTORNEY'S OFFICE
REQUEST FOR QUALIFICATIONS
("RFQ")
for
THE APPOINTMENT OF OUTSIDE
LEGAL COUNSEL FOR
THE SAN ANTONIO ECONOMIC
DEVELOPMENT CORPORATION
Release Date: February 14, 2024
Proposals Due: March 18, 2024
I. BACKGROUND
In 2010, the City of San Antonio (the "City") established the San Antonio Economic Development
Corporation (the "SAEDC"), a Type B corporation as authorized by the Development Corporation Act,
Title 12, Subtitle C 1, as amended, Texas Local Government Code, whose mission is creating jobs and
promoting long term economic growth specific to the San Antonio regional business ecosystem. The
SAEDC seeks to help grow current businesses, create new start-up companies, attract new business to
the area, and leverage real estate.
The City of San Antonio, through its City Attorney's Office, is soliciting written Qualifications and
Statements of Interests from individual attorneys or law firms who have the requisite experience to
represent the SAEDC, and perform the services described in this RFQ themselves or in conjunction with
members of their firm.
II. SCOPE OF WORK
The selected firm shall assist the San Antonio Economic Development Corporation in actively
accomplishing its mission, including, but not limited to, representation in various aspects of law, such as
advising, counseling, and rendering legal opinions to the SAEDC Board of Directors and assigned city
staff concerning laws related to economic development; strategic investments (especially in the field of
startups, biosciences, renewable energy and cyber security industries); joint ventures, mergers,
acquisitions, and divestitures; and real and personal property acquisition or divestiture, site development,
facility construction and/or restoration. Upon the request of SAEDC, the selected firm shall:
• Provide the SAEDC Board of Directors and assigned staff with comprehensive legal counsel related
to strategic investments and complex real estate transactions to effectively maximize revenue
opportunities while minimizing the threat of civil litigation.
• Advise staff on agenda preparation for legal compliance with the Texas Open Meetings Act.
• Prepare, negotiate, review, and provide legal opinions on requested legal memorandums, orders,
resolutions, contracts, and other documents for legal correctness, when requested by SAEDC Board
of Directors or assigned staff related to SAEDC projects.
• Appear before courts and administrative agencies to represent the SAEDC’s interest, as necessary.
• Work cooperatively with any special counsel retained by the SAEDC for special projects or claims.
• Work cooperatively with the City of San Antonio’s City Manager, City Attorney, City staff and any
special legal counsel retained by the City of San Antonio for special municipal projects or joint
SAEDC/City projects.
• Coordinate with other special counsel, as needed, to ensure proper management of legal issues on
behalf of the SAEDC, and to ensure proper coordination and transition of legal issues.
• Be available to attend in person all regular scheduled Board meetings and any special Board
meetings, City Council meetings, or SAEDC staff meetings when requested by the Board or SAEDC
staff.
The SAEDC may supplement or further elaborate on the scope of services as necessary to carry out the
business of the Board of Directors.
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Ill. SCHEDULE OF EVENTS
RFQ Issued
February 14, 2024
Responses Due
March 18, 2024
Anticipated Firm Interviews
The week of March 25, 2024
Contract Award
TBD
IV. SUBMITTAL DOCUMENT REQUIREMENTS
All Respondents must complete and return the following documents with their response:
Legal Services Qualification Data Form (EXHIBIT A)
Contracts Disclosure Form (EXHIBIT B)
V. BUDGET
Please indicate your firm's projected budget and hourly fees associated with the scope of service. City
Staff Attorneys may elect to assume as much of the preparatory work, planning, and production work that
is deemed feasible and allocable to reduce outside costs. The City will not pay for travel for firms located
outside of San Antonio.
Incidental Costs. If the firm proposes that the City bear the costs of incidental expenses associated with
these services, clearly state the type and estimated costs of such services.
VI. SUBMISSION INSTRUCTIONS
An original and five (5) signed copies of respondent’s proposal must be submitted to the City Attorney’s
Office c/o Orlando Rodriguez at 203 S. St. Mary’s Street, 2nd Floor, San Antonio, Texas 78205 no later
than 4:00 p.m. Central (San Antonio) Daylight time, on March 18, 2024. Any proposal received after
4:00 p.m. on such date will not be accepted or considered and will be returned unopened. All proposals
must be delivered in a sealed package and plainly marked "RFQ FOR OUTSIDE LEGAL COUNSEL FOR
SAEDC Attn.: Orlando Rodriguez, Deputy City Attorney.
Submissions must be signed by a person authorized to bind the firm submitting the response. Responses
signed by a person other than an officer or partner of the firm must be accompanied by evidence of
authority.
Contact Persons:
The City's authorized contact persons throughout the RFQ process are limited to the following individuals:
Contact
Person
Orlando
Rodriguez
Elizabeth
Provencio
Position
Deputy City
Attorney
First
Assistant
City
Attorney
Telephone
(210) 207-
8940
(210) 207-
8940
Fax
(210) 207-
4004
(210) 207-
4004
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Email
Orlando.Rodriguez@sanantonio.gov
Elizabeth.Provencio@sanantonio.gov
All questions concerning this RFQ must be submitted, in writing, on firm letterhead or from a firm email
address to the attention of the individuals listed above. All questions must be submitted no later than 4:00
p.m., February 11, 2024, to ensure adequate time for the City to respond. Please FAX or e-mail
transmissions related to this response to the attention of Orlando Rodriguez, Deputy City Attorney, City of
San Antonio. Contact with persons other than those shown may result in the disqualification of the
response. The City will not meet in person with anyone representing a potential provider of services
during the RFQ process although the City reserves the right to contact any firm that submits a response
for purposes of clarification or other discussion as deemed necessary after responses have been opened.
VII. EVALUATION CRITERIA
Responses will be evaluated according to the following criteria:
1. Firm’s demonstrated experience in representing economic development corporations established
under the Texas Local Government Code and/or other governmental entities;
2. Firm’s understanding of statutes or legal authorities applicable to economic development and
economic development corporations;
3. Firm’s knowledge of and relevant experience advising on Texas Local Government Code chapters
relating to open records, open meetings, and other applicable state law pertaining to state and local
agencies, as well as parliamentary procedure and other legal issues relevant to this engagement;
4. Firms’ demonstrated experience in partnership, corporation, limited liability partnership and limited
liability corporation law; investment, endowment, public fund, and trust fund law; fiduciary law;
contracts law; and providing counsel to public sector clients with regard to strategic investments, joint
ventures, mergers and acquisitions, and divestitures;
5. Firm’s demonstrated experience providing financial analysis, transaction structuring, business plan
development, real estate development, public infrastructure and facilities development, and revenue
maximization strategies for public sector clients;
6. Organization, size, structure, and financial stability of the firm;
7. Qualifications of staff, education, position held in firm, and years and type of experience;
8. Firm’s understanding of the legal, political, and economic environment of the City of San Antonio;
9. Proposed Fee; and
10. Hiring practices of the firm regarding the employment and representation of minorities and women in
professional level positions.
VIII. AWARD OF CONTRACT AND RESERVATION OF RIGHTS
Issuance of this RFQ does not commit the City of San Antonio to award a contract, to pay any costs
incurred in preparation of a response to this Request, or to procure or contract for services. The City of
San Antonio reserves the right to reject all submissions and re-issue an RFQ.
Interviews:
The City may elect to interview any or all respondents to this RFQ. Notification of such interview will be
made by the City Attorney or his designee in a timely manner to allow sufficient time for respondents to
prepare a personal presentation.
Public Information
Respondents are advised that responses shall become City property at the time of submission, and that
the information contained in the proposals could be made available to the public upon request under the
Texas Public Information Act. Any information deemed to be confidential by a submitting firm should be
clearly noted on the page or pages where such confidential information is contained. However, the City
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cannot guarantee that such information will be kept from public disclosure as information deemed
confidential by submitting firm may not be recognized as confidential under Texas Law.
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFQ or any
resulting contract and the selected respondent agrees that the contract can be terminated if the selected
respondent knowingly or intentionally fails to comply with a requirement of that subchapter.
Execution of Contract
The Respondent selected to provide the Outside Counsel Services agrees, by submission of a response
to work with the City, to execute a final Contract within 10 business days of the approval of the law firm
by the City Council. In the event the selected Respondent cannot or will not execute such Contract, the
City may at its sole discretion, award the Contract to the Respondent it deems to have the next most
advantageous response.
Independent Contractor
The selected respondent covenants and agrees that he or she is an independent contractor and not an
officer, agent, servant or employee of City; that selected respondent shall have exclusive control of and
exclusive right to control the details of the work performed hereunder and all persons performing same,
and shall be responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors and consultants; that the doctrine of “respondeat superior” shall not apply as between
City and the selected respondent, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating the relationship of employer-employee,
principal-agent, partners or joint venturers between City and the selected respondent. The parties hereto
understand and agree that the City shall not be liable for any claims which may be asserted by any third
party occurring in connection with the services to be performed by the selected respondent under any
resulting agreement and that the selected respondent has no authority to bind the City.
Conflict of Interest
The Charter of the City of San Antonio and its Ethics Code prohibit a City officer or employee, as those
terms are defined in the Ethics Code, from having a financial interest in any contract with the City. An
officer or employee has a "prohibited financial interest" in a contract with the City or in the sale to the City
of land, materials, supplies or service, if any of the following individual(s) or entities is a party to the
contract or sale: a City officer or employee; his parent, child or spouse; a business entity in which the
officer or employee, or his parent, child or spouse owns 10% percent or more of the voting stock or shares
of the business entity, or 10% percent or more of the fair market value of the business entity; a business
entity in which any individual or entity above listed is a subcontractor on a City contract, a partner or a
parent or subsidiary business entity.
The firm shall be required to warrant and certify that it, its officers, employees, and agents are neither
officers nor employees of the City. The City does not object to the firm’s representation of other clients
provided that the legal services the firm renders to such clients do not involve City interests.
State of Texas Conflict of Interest Questionnaire (Form CIQ)
Chapter 176 of the Texas Local Government Code requires that persons, or their agents, who seek to
contract for the sale or purchase of property, goods, or services with the City, shall file a completed Form
CIQ with the City Clerk if those persons meet the requirements under §176.006(a) of the statute.
By law this questionnaire must be filed with the City Clerk not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),
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